KishanPatel
Registered Users (C)
INS PERMITS SINGLE PETITION FOR O-1
In recent correspondence, the INS has clarified that a single petition may
be filed on behalf of an O-1 (Extraordinary Ability) alien who is paid from
various sources with a university. This opinion also seems to apply to
other employment-based categories and to employers other than universities.
VISA APPOINTMENT SYSTEM CHANGES
As of December 3rd, the system for making appointments at most border
consular posts for nonimmigrant visas is back in operation. The telephone
number and website remain the same, that is, #1 900 443-3131 or
www.nvars.com. Be advised that males, ages 16 to 45, who are born in or
citizens of the following countries are not eligible to process on the
border: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia,
Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman,
Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, UAE and
Yemen, and are subject to a 20 day or longer security check. There have
been reports of females and persons from other countries also being
subjected to the security check. We would be interested in hearing any
experiences in this regard. All persons making appointments should wait at
least five business days after making the appointment to receive
confirmation. Appointments can be canceled within the five business days;
thus it is unwise to make airline reservations and other plans. Normally,
in most cases, persons impacted by these special security procedures will
have to apply for new nonimmigrant visas in their own countries. In certain
cases it is possible to revalidate employment-related visas (not student
visas) in Washington, D.C. Revalidations are currently taking about twelve
weeks.
PRESIDENT ORDERS MILITARY TRIALS FOR NONCITIZENS ACCUSED OF TERRORIST ACTS
In the wake of the attacks of September 11th, President Bush has ordered
that all noncitizens accused of terrorism be tried in military courts. Such
courts would not offer all the protections of federal criminal courts, where
noncitizens are treated exactly the same as citizens. However, following
this announcement, the Department of Justice has issued proposed rules which
would lessen many of the differences. In particular, a defendant would be
allowed to examine evidence against him, hire his own attorney, and the jury
\'s verdict would have to be unanimous. However, the proceedings may still
be conducted out of the public eye and the verdict may not always be subject
to judicial review. Despite this pronouncement, the first person arrested
and charged with the crime of terrorism has been charged in a federal court
in northern Virginia, not a military tribunal.
DEPARTMENT OF JUSTICE TO INTERVIEW 5000
On November 13th, the Department of Justice announced its plan to interview
males between the ages of 18 and 33 who arrived in the U.S. since January
2000 as students or visitors and who are nationals of countries where
terrorists groups are active. They insist that the interviews will be
voluntary.
INS PUBLISHES NEW RULE REGARDING DETENTION, EXPANDS POWERS
On November 14th, INS published a new rule which permits review of cases of
persons who have been held for at least ninety days beyond their final
deportation order and, in many cases, permit their release on certain
conditions. The rule establishes general procedures regarding ordinary
cases as well as special procedures for individuals with highly contagious
diseases, security or terrorism risks, persons who are considered to be
especially dangerous, and others. Most individuals who are not released
after review may request a hearing before an immigration judge.
In related news, INS has published a rule expanding its authority to hold
noncitizens without charge from 24 to 48 hours and to allow "an additional
reasonable period of time" in the event of "an emergency or other
extraordinary circumstance".
FORMS UPDA
In recent correspondence, the INS has clarified that a single petition may
be filed on behalf of an O-1 (Extraordinary Ability) alien who is paid from
various sources with a university. This opinion also seems to apply to
other employment-based categories and to employers other than universities.
VISA APPOINTMENT SYSTEM CHANGES
As of December 3rd, the system for making appointments at most border
consular posts for nonimmigrant visas is back in operation. The telephone
number and website remain the same, that is, #1 900 443-3131 or
www.nvars.com. Be advised that males, ages 16 to 45, who are born in or
citizens of the following countries are not eligible to process on the
border: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia,
Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman,
Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, UAE and
Yemen, and are subject to a 20 day or longer security check. There have
been reports of females and persons from other countries also being
subjected to the security check. We would be interested in hearing any
experiences in this regard. All persons making appointments should wait at
least five business days after making the appointment to receive
confirmation. Appointments can be canceled within the five business days;
thus it is unwise to make airline reservations and other plans. Normally,
in most cases, persons impacted by these special security procedures will
have to apply for new nonimmigrant visas in their own countries. In certain
cases it is possible to revalidate employment-related visas (not student
visas) in Washington, D.C. Revalidations are currently taking about twelve
weeks.
PRESIDENT ORDERS MILITARY TRIALS FOR NONCITIZENS ACCUSED OF TERRORIST ACTS
In the wake of the attacks of September 11th, President Bush has ordered
that all noncitizens accused of terrorism be tried in military courts. Such
courts would not offer all the protections of federal criminal courts, where
noncitizens are treated exactly the same as citizens. However, following
this announcement, the Department of Justice has issued proposed rules which
would lessen many of the differences. In particular, a defendant would be
allowed to examine evidence against him, hire his own attorney, and the jury
\'s verdict would have to be unanimous. However, the proceedings may still
be conducted out of the public eye and the verdict may not always be subject
to judicial review. Despite this pronouncement, the first person arrested
and charged with the crime of terrorism has been charged in a federal court
in northern Virginia, not a military tribunal.
DEPARTMENT OF JUSTICE TO INTERVIEW 5000
On November 13th, the Department of Justice announced its plan to interview
males between the ages of 18 and 33 who arrived in the U.S. since January
2000 as students or visitors and who are nationals of countries where
terrorists groups are active. They insist that the interviews will be
voluntary.
INS PUBLISHES NEW RULE REGARDING DETENTION, EXPANDS POWERS
On November 14th, INS published a new rule which permits review of cases of
persons who have been held for at least ninety days beyond their final
deportation order and, in many cases, permit their release on certain
conditions. The rule establishes general procedures regarding ordinary
cases as well as special procedures for individuals with highly contagious
diseases, security or terrorism risks, persons who are considered to be
especially dangerous, and others. Most individuals who are not released
after review may request a hearing before an immigration judge.
In related news, INS has published a rule expanding its authority to hold
noncitizens without charge from 24 to 48 hours and to allow "an additional
reasonable period of time" in the event of "an emergency or other
extraordinary circumstance".
FORMS UPDA