News Update - February 2, 2007

By Alan Lee, Esq.

News Update 1. 2. 3.

News 1.

USCIS Considering Raising Naturalization Fee

The USCIS is considering raising the fee for naturalization. The fee, which currently stands at $400 including the $70 biometric processing fee, could rise to anywhere from $600 to $1000 according to a letter to USCIS Director Gonzalez from the incoming Chairs of the House and Senate Judiciary Committees. The Chairmen have asked for an explanation of the need for an increase by February 2, 2007. We will keep you informed of any development.


News 2.

Consulates no Longer to Accept Family Petitions Unless Approved by USCIS

The State Department issued a Cable to all Consulates and Embassies that they must cease accepting or adjudicating any I-130 petition for family-based immigrant status that was not adjudicated by USCIS, and inform any individual wishing to file such a petition that it is necessary to file it with the appropriate USCIS office and refrain from assisting further. This change is effective immediately. In any case in which a post has already accepted an I-130 from a petitioner but has not yet issued a visa, post must forward the petition to the appropriate USCIS overseas office as "not clearly approvable." This change was brought about by the passage of the Adam Walsh Child Protection and Safety Act (Adam Walsh Act), Pub. L. No. 109-248 on July 27, 2006.

News 3.


Maine and New York Balking at Drivers’ License Requirements of Real ID Act

Among the requirements of the Real ID Act passed in 2005, is a requirement that drivers’ licenses from all States contain certain digital information that can be shared in a federal databank. This past week the legislature in Maine called for the repeal of the Real ID Act referring to the uniform drivers’ license requirements as a massive unfunded mandate that may contribute to identity theft. New York’s Governor Eliot Spitzer has stated he is reviewing current requirements for auto licenses in New York and the requirements for social security numbers to match the applicants’ names. Bill O’Reilly, spokesman for the Coalition for Secure Drivers Licenses stated that licenses were obtained by the 9-11 terrorists and that the secure licenses are needed to protect against terrorism, identity theft and to track deadbeat dads. More than 2 years after the passage of the Real ID Act Congress has yet to enact any regulatory bills to act upon the laws’ licensing requirements.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2007 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.