USCIS Unable to Approve Cambodian Adoption Petitions

The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.

However, the U.S. Department of State (DOS) has determined that Cambodia does not have a fully functional Hague Adoption Convention process. Accordingly, DOS consular officers still cannot certify that adoption decrees or custody orders obtained in Cambodia for children who habitually reside there were issued in compliance with the Hague Adoption Convention.

Without this certification, USCIS cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. 

Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Cambodia, USCIS advises these parents:

               Not to file any Form I-800 to adopt a child from Cambodia, as the USCIS National Benefits Center will reject these petitions; and

               Not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Cambodia as the country from which they intend to adopt.

USCIS will promptly advise the public when DOS determines that Cambodia has a fully functional Hague Adoption Convention system. If DOS makes this determination, USCIS will begin processing Forms I-800 for adoptions from Cambodia.

The United States suspended orphan visa petition processing in Cambodia on Dec. 21, 2001, due to the inability to verify that any particular Cambodian child is an orphan as defined in U.S. immigration law. This suspension remains in effect for any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed before April 1, 2008.

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

On January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.  

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. 

New $165 USCIS Immigrant Fee Begins Feb. 1, 2013

On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

Bilateral Adoption Agreement Between United States and Russia Will Take Effect Nov. 1, 2012

On Tuesday, October 16, 2012, the Department of State (DOS) announced that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children will enter into force on Nov. 1, 2012.

 Both U.S. Citizenship and Immigration Services (USCIS) and DOS work to promote a safe, ethical, and transparent adoption process for prospective adoptive parents, birth families, and children involved in intercountry adoptions. This Agreement will enhance the safeguards and protections for all involved in adoptions between the United States and the Russian Federation.

 The Agreement’s entry into force on Nov. 1, 2012, will begin a period of transition from the procedures in place before the Agreement to the new procedures called for in the Agreement. Not all of the provisions of the Agreement will take effect immediately on Nov. 1. The USCIS and DOS anticipates that the transition period will take six to nine months to complete. Most cases already in progress as of Nov. 1 will be able continue under the old procedures. However, it will be important to monitor and track the effective dates of various provisions in the Agreement to ensure that cases are in compliance with all the requirements throughout the transition period. USCIS and DOS will be conducting regular outreach in the coming months to ensure that new guidance and information is available.

 The full text of the Agreement and an updated Frequently Asked Questions can be found online at http://adoption.state.gov. Additional information and guidance will be posted on the USCIS website in the future. Please visit www.uscis.gov/adoption and www.adoption.state.gov regularly for the most up-to-date information.

Adoption Agreement Moves Forward for Russia and U.S.

On July 10, 2012, the Russian Duma, the lower house of the Russian Parliament, approved the bilateral adoption agreement signed by Secretary of State Hillary Clinton and Russian Foreign Minister Sergey Lavrov on July 13, 2011.

This marks a significant milestone in the path toward implementing the agreement, which will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions.

The agreement has also been approved by the Federation Council, the upper house of the Russian Parliament and will now be sent to President Putin for signature. The U.S. and Russia will then need to establish procedures to implement the agreement, which the United States is committed to doing as quickly as possible.

Once the two sides have put in place the necessary procedures for implementation, the agreement will become effective upon the exchange of diplomatic notes between the U.S. and Russian governments.

Adoptions will continue according to the existing procedures while the U.S. and Russian governments work together to implement the new agreement.

The U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) will provide information about the new procedures and clear guidance on their websites related to when U.S. families seeking to adopt in Russia will need to begin following the new procedures well before the agreement’s entry into force.

Please monitor adoption.state.gov and uscis.gov for more information and the latest updates.

Former Department of Defense Employees Plead Guilty to Citizenship Fraud

Two former Department of Defense employees pleaded guilty in federal court Monday, July 2, 2012, to attempting to illegally obtain and illegally obtaining U.S. citizenship following a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Department of State.

Adeba Sultana, 47, admitted giving false information when she applied for U.S. citizenship in 2008. Sultana acknowledged she used a false name and provided erroneous biographical information on that application, claiming her husband had been killed and falsely describing her method of entry into the United States in various immigration benefits applications. In her application for naturalization, which was approved by U.S. Citizenship and Immigration Services, Sultana lied about her citizenship status and claimed she had not previously provided false information to U.S. immigration officials to obtain an immigration benefit.

Similarly, Sultana's husband, Mohammad Ali Rabbani, 58, admitted giving a false name, false citizenship information, and lying about his method of entry into the United States on his application for asylum and other immigration applications. In his application for naturalization, Rabbani gave false information regarding his citizenship status and falsely claimed he had not previously lied to U.S. immigration officials to obtain an immigration benefit.

The San Diego couple were previously employed as language instructors at the Defense Language Institute in Monterey, Calif.

Rabbani and Sultana were indicted by a federal grand jury in October 2011. Rabbani was charged with one count of attempted false procurement of naturalization. Sultana was charged with one count of false procurement of naturalization.

Rabbani and Sultana are scheduled to be sentenced Oct. 15 before U.S. District Court Judge Edward J. Davila. The maximum statutory penalty for each count of unlawful procurement or attempted procurement of citizenship is 10 years and a fine of $250,000. Sultana also faces mandatory revocation of her citizenship status.

Special Assistant U.S. Attorney Ann Marie Ursini and Assistant U.S. Attorney Susan Knight are prosecuting the case.

20 Ways to Help and Prevent International Human Trafficking

20 Ways to Help Victims of Human Trafficking

After first learning about human trafficking, many people want to help in some way but do not know how. Here are just a few ideas for your consideration.

1.                               Learn human trafficking red flags and ask follow up questions so that you can detect a potential trafficking situation.

2.                               In the United States, report your suspicions to law enforcement at 911, Department of Justice at 1-888-428-7581, and the National Human Trafficking Resource Center at 1-888-3737-888. Victims, including undocumented individuals, are eligible for services and immigration assistance.

3.                               Be a conscientious consumer. Make socially responsible investments. Let your favorite retailers know that you support their efforts to maintain a slavery free supply chain. Encourage your company or your employer to take steps to investigate and eliminate human trafficking throughout its supply chain and to publish the information for consumer awareness.

4.                               Hire trafficking survivors.

5.                               Volunteer your professional services to help an anti-trafficking organization that need help from lawyers, doctors, dentists, counselors, translators and interpreters, graphic designers, public relations and media professionals, event planners, and accountants.

6.                               Donate funds or needed items to an anti-trafficking organization.

7.                               Organize a fundraiser and donate the proceeds to an anti-trafficking organization.

8.                               Join or start a grassroots human trafficking coalition.

9.                               Encourage your local schools to include modern slavery in their curriculum. As a parent, educator, or school personnel, be aware of how traffickers target school-aged children.

10.                            Meet with and write to your local, state and federal government representatives to let them know that you care about combating human trafficking in your community.

11.                            Create and distribute public awareness materials such as t-shirts, posters, and public service announcements for radio. Or distribute already existing materials available from the Department of Health and Human Services or Department of Homeland Security.

12.                            Host an awareness event to watch and discuss a recent human trafficking documentary. On a larger scale, host a human trafficking film festival. Several noteworthy films and documentaries have been produced in the last several years that bring attention to the plight of victims worldwide.

13.                            Write a letter to the editor for your local paper about human trafficking in your community.

14.                            Incorporate human trafficking information into your professional associations’ conferences, trainings, manuals, and other materials as relevant.

15.                            STUDENTS: Join or establish a university club to raise awareness about human trafficking throughout the local community and identify victims. Request that human trafficking be an issue included in such university courses as health, migration, human rights, social work, and crime. Increase scholarship about human trafficking by publishing an article, teaching a class, or hosting a symposium.

16.                            COMMUNITY ORGANIZATIONS: ensure that your staff is able to identify and assist trafficked persons.

17.                            LAW ENFORCEMENT OFFICIALS: join or start a local human trafficking task force.

18.                            MENTAL HEALTH OR MEDICAL PROVIDERS: extend low-cost or free services to human trafficking victims assisted by nearby anti-trafficking organizations.

19.                            IMMIGRATION ATTORNEYS: learn about and offer to human trafficking victims the immigration benefits for which they are eligible.

20.                            EMPLOYMENT LAW ATTORNEYS: look for signs of human trafficking among your clients.

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Q6. What should derivative family members do when they arrive at the U.S. Embassy or Consulate for an interview?

A6. Overseas derivative family members should enter the U.S. Embassy or Consulate with other visa applicants and clearly indicate that their appointment is for a T or U nonimmigrant visa. DOS strongly recommends they bring a copy of the online submission of Form DS-160 and the USCIS notice of the T or U application or petition approval to the interview to avoid potential processing delays. A consular officer will ask a series of questions to determine eligibility to obtain a T or U visa to enter the United States. The officer may request that additional information be mailed, or be hand-delivered, if a second interview is scheduled.

Q7. Overseas family members can receive a waiver for a ground of inadmissibility, if USCIS approves Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. However, DOS sometimes discovers additional grounds of inadmissibility for family members with approved Forms I-192. When this occurs, what must these overseas family members do to enter the United States?

A7. The approved Form I-192 in conjunction with an application or petition for T or U nonimmigrant status waives only the inadmissibility ground(s) listed on the Form I-192. If additional inadmissibility grounds are found by the consular officer or stated during the consular interview, the overseas derivative family member will not be allowed to enter the U.S. unless they are able to waive the inadmissibility ground(s) by filing a new Form I-192 with USCIS. If the new Form I-192 waiver is approved, USCIS will notify the overseas derivative family member and the DOS of the decision. It will again be the responsibility of the overseas derivative family member to schedule an appointment with the U.S. Embassy or Consulate to continue with their consular processing.

Q8. Can DOS request that an overseas derivative family member provide DNA test results —or any other evidence or documentation—before they may receive a T or U nonimmigrant visa?

A8. Yes. DOS, through the consular interview process, may request any and all evidence that is deemed necessary to determine if an overseas derivative family member is eligible for a T or U nonimmigrant visa. This may include DNA test results to establish family relationships and any other evidence needed to address ineligibility issues raised during the consular interview.

Q9. What can a principal T or U nonimmigrant in the United States do if overseas derivative family members are told when they arrive for an interview at a U.S. Embassy or Consulate that DOS has no information or evidence from USCIS on their approved application or petition (e.g. derivative T or U nonimmigrant petition or Form I-192 waiver)?

A9. If a T or U nonimmigrant application or petition is approved, USCIS will notify DOS of the decision. If DOS tells the overseas family member that no evidence of an approval has been received, the attorney, representative or principal T or U nonimmigrant should contact USCIS, either (please choose only one):

               By email at hotlinefollowupI918I914.vsc@dhs.gov or

               By phone at 802-527-4888.

When you contact USCIS for this reason, please:

               Provide the derivative family member’s name, "A" number and receipt number, and

               Describe the problem.

USCIS sends all information relating to an approval of T or U nonimmigrant status directly to the DOS to upload into the electronic database used by every U.S. Embassy and Consulate. Overseas family members can also avoid delays by bringing their USCIS approval notice to the interview.

Q10. Where can I find more information on specific U.S. Embassies or Consulates? (Information such as office hours, scheduling an interview, and what a derivative family member should bring to the interview?) Who can I contact if there are issues with consular processing?

A10. This information and more is available on the DOS website at www.usembassy.gov. If, after contacting the U.S. Embassy or Consulate, there are issues with an overseas derivative family member’s case, call the Department of State’s public inquiries line at 202-663-1225.

Consular Processing for T or U Nonimmigrant Status

Introduction

USCIS provides immigration relief to victims of various crimes—including domestic violence and human trafficking—by granting one of two forms of relief: T nonimmigrant status and U nonimmigrant status.

Principal victims granted T or U nonimmigrant status may additionally apply or petition USCIS on behalf of overseas family members for derivative T or U nonimmigrant status so that these family members can join them in the United States.

Before family members of principal T or U visa holders can enter the United States, they must first undergo processing with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate to obtain a T or U visa abroad. This is known as consular processing.

USCIS will decide on the basis of the application or petition filed by the principal T or U nonimmigrant status holder whether an overseas family member qualifies for derivative T or U nonimmigrant status. DOS will then separately determine that family member’s eligibility to receive a visa in order to enter the United States.

Definition of a Derivative Family Member

A T or U nonimmigrant derivative family member is someone who may be eligible for a T or U visa because of their family relationship with the principal victim. If a principal victim receives T or U nonimmigrant status, a family member may "derive" their status from their family relationship with the principal. See INA 101(a)(15)(T)(ii) and INA 101(a)(15)(U)(ii).

For Whom Can A Principal Victim Apply on Behalf of?

If the principal victim	They may apply on behalf of
Is under 21	A spouse, child, parent, or unmarried sibling under 18.
Is over 21	A spouse or child
Is eligible for a special T visa principal category in which family members face a present danger of retaliation	A parent or sibling under 18

Overall Process for Overseas Family Members

1. The T or U principal (the primary victim of the crime) applies or petitions with USCIS on behalf of the overseas family member for derivative T or U nonimmigrant status, using either:

               For T nonimmigrant status, Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, or

               For U nonimmigrant status, Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

2. USCIS sends a fingerprint notice for the overseas family member to the attorney, representative or principal T or U nonimmigrant in the United States (as supplied on the form).

3. The overseas family member contacts the appropriate U.S. Embassy or Consulate to schedule an appointment for fingerprinting. Depending on the location, either Department of Homeland Security (DHS) or DOS will conduct the fingerprinting.

4. The department that conducts the fingerprinting sends the fingerprints to the USCIS Vermont Service Center.

5. USCIS adjudicates (approves or denies) the application or petition for derivative T or U nonimmigrant status.

6. If approved, USCIS sends notice of approval to the attorney, representative or principal T or U nonimmigrant (as supplied on the form) and to DOS.

7. The overseas family member schedules an interview with DOS at the nearest U.S. Embassy or Consulate to apply for their visa in order to enter the United States. It is the responsibility of the family member, and not DOS, to schedule an interview. The overseas family member should not wait to be contacted.

8. DOS interviews the overseas family member. This step may take several visits and further evidence. It then approves (if applicable) a T or U visa.

9. Following the approval, DOS sends the visa to the overseas family member.

10. The overseas family member makes travel arrangements to enter the United States on their derivative T or U visa.

Avoiding Immigration Law Scams: Common Scams

If you need legal advice on immigration matters, make sure that the person you rely on is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. 

The Internet, newspapers, radio, community bulletin boards and storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

“Notario Publico”

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Local Businesses

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than USCIS charges. They claim they can do this faster than if you applied directly with USCIS. These claims are false. There are few exceptions to the normal USCIS processing times.  

Dot-com websites

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. USCIS has its own official website with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet.

Visa Lottery

Once a year, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program, for a fee. Some even identify you as a DV lottery “winner.”

These emails and websites are fraudulent. The only way to apply for the DV lottery is through an official government application process. DOS does not send emails to applicants. Visit the Department of State website to verify if you are actually a winner in the DV lottery or for information on how to submit an application for a DV lottery visa.

INS or USCIS?

To this day, some local businesses, websites and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists!

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS.