New Saturday Hours for USCIS National Customer Service Center

Beginning Jan. 12, 2013, U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center (NCSC) will expand its live, toll-free telephone assistance service to include Saturday hours.  Customer service representatives at the USCIS NCSC will now take calls Monday through Friday from 8 a.m. to 8 p.m., and Saturdays from 9 a.m. to 5 p.m., local time.

Customers will be able to call the USCIS toll-free number on Saturdays to receive nationwide assistance for immigration services and benefits offered by USCIS.  Our customer service representatives can answer routine questions on a wide variety of topics related to immigration services and benefits, including ordering forms, processing times, and information on local offices and civil surgeons.  For individuals seeking answers to more complex issues regarding their case, USCIS recommends calling the NCSC Monday through Friday for access to Immigration Services Officers.  Individuals calling the NCSC can access information through a menu of automated options 24 hours a day, 7 days a week.

Contact the USCIS national toll-free customer service line by dialing 1-800-375-5283.

USCIS Releases First Volume of Centralized Policy Manual

On January 7, 2013, the U.S. Citizenship and Immigration Services (USCIS) began the agency’s transition toward an online, centralized manual of immigration policies by releasing the first volume of the new USCIS Policy Manual-- the Citizenship and Naturalization volume. The release on January 7, 2013, follows an unprecedented, agency-wide review of USCIS policies that incorporates feedback from thousands of agency employees, customers and stakeholders. 

“With the introduction of the Policy Manual, we take a further step to provide our customers, stakeholders and workforce with an efficient and effective adjudication process that provides a high level of quality and consistency,” said USCIS Director Alejandro Mayorkas. 

USCIS will begin implementing the policies outlined in the Citizenship and Naturalization volume of the USCIS Policy Manual on Jan. 22, 2013. 

The complete USCIS Policy Manual will comprise several volumes, each pertaining to the different areas of immigration benefits the agency administers, including citizenship and naturalization, protection and parole, adjustment of status, admissibility, refugees and asylum, waivers, and travel and employment. The new Policy Manual will ultimately replace USCIS’ current Adjudicators Field Manual, or AFM, and the current USCIS Immigration Policy Memoranda website.

 As content becomes available for each volume, USCIS will notify the public and invite comment on new or substantially changed policies. Public engagement opportunities will be made available on our website. 

 In preparation for this transition to a centralized online policy manual, USCIS undertook an extensive review of all adjudication and customer service policies, including a survey of members of the public and the USCIS workforce. USCIS received approximately 8,000 survey responses regarding the agency’s policy and operational guidance, which informed the development and publication sequence of Policy Manual volumes. For staff affected by the release of the Citizenship and Naturalization volume, training has been conducted to ensure familiarity with the new online tool and its content.

Maryland Cocaine Trafficker Gets 10 Year Prison Sentence

Timothy Joseph Carr, 29, of Baltimore, was sentenced Thursday, January 3, 2013 to 10 years in prison followed by five years of supervised release by U.S. District Judge William D. Quarles Jr. for conspiring to distribute five kilograms or more of cocaine.

The sentencing follows an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) with the assistance of the Louisiana State Police.

According to his guilty plea, on Nov. 10, 2011 Louisiana State Police seized approximately five kilograms of cocaine from a vehicle driven by co-defendant Daniel Bois in Louisiana, who was driving the cocaine from Texas to its Baltimore destination. After arresting Bois, law enforcement continued its investigation into the cocaine organization based in Baltimore and conducted a controlled delivery of the cocaine the following day. 

The cocaine was replaced with "sham cocaine" and delivered to 3501 8th Avenue in Baltimore, where co-defendants Timothy Dennison and Anthony Taylor accessed the vehicle where law enforcement had concealed the sham cocaine. Law enforcement arrested Dennison and Taylor.

Further investigation revealed that Carr had also driven, in a separate rental car from Bois, another load of five kilograms of cocaine back to Baltimore from McAllen, Texas, Nov. 10, 2011. According to travel records, Carr rented a car Nov. 7, 2011 after flying to McAllen from BWI Airport. Additionally, Carr and other members of the cocaine organization had made several trips between Baltimore and Texas in the past year to transport several additional kilograms of cocaine for distribution in the Baltimore area.

In all, Carr conspired to distribute between five and 15 kilograms of cocaine.

Timothy Lee Dennison, 22, Daniel Bois, 26 and Anthony Fraser Taylor, 29, all of Baltimore, and two other co-defendants pleaded guilty to their participation in the conspiracy. Dennison was sentenced to 15 years in prison and the other defendants remain to be sentenced.

The case was prosecuted by Assistant U.S. Attorneys Brooke Carey and Christopher Romano.

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.

"Operation Sunflower" Identified 123 Victims of Child Sexual Exploitation

One hundred twenty-three victims of child sexual exploitation were identified by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) special agents during an international operation aimed at rescuing victims and targeting individuals who own, trade and produce images of child pornography. Of that number, 44 children were directly rescued from their abusers and 79 were identified as either being exploited by others outside of their home or are now adults who were victimized as children.

HSI launched Operation Sunflower in November 2012 to commemorate the one-year anniversary in which the identification of a sunflower-shaped highway road sign led to the rescue of an 11-year-old girl in Kansas. Operation Sunflower was executed through the first week of December 2012, but victim identification and rescue efforts continue under HSI's Operation Predator.

"The sexual abuse of young children, often at the hands of people they trust, is a particular wrong," said ICE Director John Morton. "Whenever our investigations reveal the production and distribution of new child pornography online, we will do everything we can to rescue the victim and prosecute the abuser even if takes us years or around the world to do it. A relentless fight against child exploitation is the only answer."

HSI and partner law enforcement agencies arrested 245 individuals during the operation, which took place Nov. 1 to Dec. 7. Of the 123 victims, 110 were identified in 19 U.S. states.

Of the 123 victims identified during Operation Sunflower: five were under the age of 3, nine were ages 4 to 6; 21 were ages 7 to 9; 11 were ages 10 to 12; 38 were ages 13 to 15; and 15 were ages 16 to 17. Twenty-four of the victims identified are now adults who were victimized as children. Seventy were female and 53 were male.

HSI victim assistance specialists, located in offices around the country, provide direct assistance to victims and families, and work with both child and adult victims to provide referrals for services and resources in their area. The specialists remain involved during the investigation and often beyond the sentencing of the perpetrator.


Focusing on Victim Identification

In 2012, HSI special agents, working closely with the National Center for Missing & Exploited Children (NCMEC), partially identified multiple individuals across the country who were sexually abusing young children and taking photos or videos of the acts. Special agents worked with the Department of Justice and its Child Exploitation and Obscenity Section to issue national Jane and John Doe warrants to arrest these perpetrators and rescue their victims. The most recent case was solved two weeks ago in Florida.

Now, the public's help is being sought with any leads that can help provide clues in several cases and rescue more victims.

"We applaud our partners at ICE for their worldwide work in identifying these victims of child sexual exploitation and for helping to remove these children from extremely dangerous situations," said NCMEC CEO John Ryan. "We know that there's more work to be done. Anyone could know these victims, not knowing that they're being harmed. They could be your neighbors' children, your child's classmate, or even your own child. We thank Director Morton and everyone at ICE for their strong commitment to rescuing the most vulnerable of victims."


Seeking 'Jane and John Doe' and Two Other Unknown Suspects

On Monday, December 31, 2012, HSI special agents in Los Angeles obtained a Jane and John Doe warrant based on a longstanding, unsolved case involving a widely distributed series of child pornography images. The photographs, which authorities believe were taken about 11 years ago, depict a male and female adult sexually molesting a girl who looks to be about 13 years old at the time. Although the male suspect's face has been purposely obscured by an unknown person, the female suspect's face can be seen in a number of the images. John Doe appears to be a white male, 40 to 50 years old; Jane Doe appears to be a white female, 35 to 45 years old. The suspects would now be approximately 11 years older. 

The female suspect has several tattoos, including: a black tattoo on her right hip resembling a butterfly; a tattoo on her right shoulder blade depicting the outline of a curled up cat; a tattoo with words across the top of her left wrist; and a tattoo of unknown design on the upper portion of her left breast.

Based upon detailed forensic analysis, investigators suspect the abuse depicted in the images may have occurred in Los Angeles, possibly in the San Fernando Valley-area. HSI special agents in Los Angeles have interviewed dozens of individuals seeking further leads in the case, but they have yet to confirm the suspects' or victim's identities. Although the victim is likely an adult now, HSI continues to investigate the case in the hope that the perpetrators can be located and prosecuted, preventing the abuse of future victims.

The sexual abuse images in this case were first discovered by HSI special agents in Chicago in 2007 in an unrelated child pornography investigation. The material was submitted to NCMEC's Child Victim Identification Program, which determined the victim had not yet been identified and could be in danger of ongoing sexual exploitation. After determining there was probable cause to believe that the abuse occurred in California in approximately 2001, NCMEC referred the case to HSI Los Angeles for further investigation.

The images of two other unknown suspects, wanted for questioning in other unsolved child pornography investigations, are also being publicized. Anyone with information or tips that can assist in these investigations is encouraged to call 1-866-DHS-2-ICE or visit www.ICE.gov/tips. 

Tips may be reported anonymously.

The identity and whereabouts of the victims and the perpetrators in these cases remain unknown.


The Sunflower Case

Operation Sunflower is named after the first case conducted one year ago under the agency's newly created Victim Identification Program. Operation Sunflower commemorates the one-year anniversary of this first successful rescue under the new program.

The Sunflower case began in November 2011 when Danish law enforcement officials shared with HSI their discovery of material and posts on a chat board indicating that a 16-year-old boy was planning to rape an 11-year-old girl. The suspect was soliciting advice on a pedophile board and posting images of the girl. One image held a clue that proved to be invaluable to investigators: a yellow road sign visible from the window of a moving vehicle. The road sign depicted a sunflower graphic that was unique to the State of Kansas.

For days, HSI special agents drove in pairs along Kansas highways, seeking a comparison between the images in the photos and the actual locations. Just 13 days after receiving the material, and by combining sophisticated photo forensics with traditional law enforcement methods, special agents located the residence in a small Kansas town. These efforts made it possible for law enforcement to intervene and rescue the girl before she was further victimized.


Additional Statistics and Information

In fiscal year 2012, 292 victims were identified or rescued as a direct result of HSI child pornography investigations. Fiscal year 2012 is the first year in which HSI tracked the number of victims rescued as part of its child sexual exploitation investigations. This number does not include the hundreds of victims rescued overseas by foreign law enforcement agencies as a result of HSI cases and leads.

Also in fiscal year 2012, a record number of child predators – 1,655 – were arrested on criminal charges related to these types of investigations. Since 2003, HSI has initiated more than 24,000 cases and arrested 8,720 individuals for these types of crimes. HSI arrested 1,335 predators in 2011 and 912 in 2010.

Operation Sunflower was conducted as part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to NCMEC, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.

HSI is a founding member and chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse. NCMEC is also a member of the VGT.

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. 

TPS Re-Registration Period Extended for Haitians

On Thursday, December 27, 2012, U.S. Citizenship and Immigration Services (USCIS) announced an extension of the re-registration period for Haitian nationals who have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months. Given the impact Hurricane Sandy has had on regions where Haitians reside, the re-registration period is extended through Jan. 29, 2013.

Haitian TPS beneficiaries are strongly encouraged to apply as soon as possible. Under this extension, USCIS also will accept applications from eligible individuals who have already applied after the close of the re-registration period on Nov. 30, 2012 and will continue to accept applications through Jan. 29, 2013.

The initial, 60-day re-registration period was established after the Department of Homeland Security (DHS) announced in October 2012 an 18-month extension of the TPS designation of Haiti, from Jan. 23, 2013, through July 22, 2014. 

Approximately 60,000 Haitian nationals (and people having no nationality who last habitually resided in Haiti) are eligible for TPS re-registration. TPS is not available to Haitian nationals who entered the United States after Jan. 12, 2011.

In the Oct. 1, 2012 Federal Register notice announcing the extension of TPS for Haiti, DHS also automatically extended—by six months, through July 22, 2013—the validity of Employment Authorization Documents (EADs) for eligible Haitian TPS beneficiaries. This will allow sufficient time for eligible TPS beneficiaries whose re-registration is timely to receive an EAD without any lapse in employment authorization.

To re-register, TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. Individuals seeking to re-register do not need to pay the Form I-821 application fee. However, a biometric services fee (or a fee-waiver request) is required for all re-registrants 14 years of age and older. All re-registrants seeking employment authorization through July 22, 2014, must submit the Form I-765 fee (or a fee-waiver request). Re-registrants who do not want employment authorization are not required to submit the I-765 fee but must still submit a completed Form I-765. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the re-registration application.

A notice posted in the Federal Register contains more details on the re-registration period’s extension. More information can be found by visiting the USCIS Web site at www.uscis.gov/tps or by calling the USCIS National Customer Service Center toll-free at 1-800-375-5283. TPS forms are available free of charge through www.uscis.gov/forms and the toll-free USCIS Forms line at 1-800-870-3676.