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Listed below are some of the most controversial recent issues in U.S. immigration law, as summarized by Ms. Col.
U.S. DOJ to Interview 5,000 Foreign Nationals Anti-terrorism task forces will interview approximately 5,000 foreign nationals in connection with investigations of the September 11th terrorist attacks by the U.S. Department of Justice. Interview candidates are male individuals between the ages of 18 and 33 who are believed to have information helpful to the investigation and who entered the U.S. from certain countries at any time after January 1, 2000. Local law enforcement authorities are expected to participate in these interviews.
The U.S. Department of Justice has published a Memorandum dated November 9, 2001, setting forth guidelines for the interview of foreign nationals regarding international terrorism. To read this Memorandum in its entirety, please visit:
DOS Suspends Third Country National Processing The Department of State is temporarily suspending visa processing in Mexico and Canada for nationals who are not residents in the consular district of the border post. Aliens planning to go to Canada or Mexico to process a visa are urged to contact the consular post to confirm nonimmigrant visa appointments and new processing procedures before departing the U.S.
Security Delays At Many U.S. Consulates The Department of State's online Visa Appointment Reservation System is posting the following message in response to visa appointment requests made by nationals of Afghanistan, Algeria, Bahrain, Dijbouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen: "Effective immediately, the State Department has introduced a 20-day waiting period for men from certain countries, ages 16-45, applying for visas into the United States."
Local Law Enforcement To Be Critical in Immigration Investigations The INS will increasingly utilize its Law Enforcement Support Center (LESC) and Quick Response Teams (QRTs) to involve local law enforcement agencies in immigration investigations. The LESC, located in Burlington, Vermont, provides local law enforcement agencies with online access to an extensive INS database containing information on non-U.S. citizens. QRTs consist of INS Special Agents deployed in areas with little INS presence to assist local law enforcement in locating and removing illegal aliens.
For more info on the LESC and QRTs please visit:
President Bush Orders Use of Military Tribunals for Non-Citizens Suspected of Terrorism According to a recent order by President Bush, non-U.S. citizens connected with the al Qaida organization will be tried by a military commission for any offenses alleged to have been committed in violation of the order. The order defines which acts constitute offenses punishable by military tribunal.
To view this presidential order please visit:
New N-400 Naturalization Petition Form (5/31/2001 edition) Beginning January 1, 2002, all petitions for naturalization are to be made on INS Form N-400 bearing an edition date of May 31, 2001. Earlier versions of Form N-400 will not be accepted for filing after December 31, 2001.
Age-Out Cases - Temporary Relief Expires 12/29/2001 The USA Patriot Act of 2001 has extended aging-out benefits for applicants whose twenty-first birthday occurred in September 2001 and who are beneficiaries of petitions or applications filed with the INS on or before September 11, 2001 for purposes of adjudicating the application/petition. This provision expires December 29, 2001. Therefore, any applicant who turned 21 in September and is still awaiting adjudication of a petition or application is urged to seek expedited handling of the request immediately.
Visas for Medical Treatment Raise New Concerns Federal law mandates that hospitals receive and treat patients with emergency conditions regardless of their ability to pay. In cases involving issuance of visas for purposes of medical consultation in the U.S. the Department of State is urging U.S. consulates to question the applicant carefully concerning his/her ability to pay for hospitalization and medical treatment at a U.S. facility. If it appears that the applicant may need hospitalization following the initial medical consultation and is unable to pay for the costs related to treatment, he or she may be directed to arrange for sponsorship through local charities or hospitals willing to furnish the funding necessary for treatment.
USA Patriot Act of 2001 The USA Patriot Act of 2001 amends the immigration law by expanding the definition of "terrorist activity" to include new elements which can be interpreted broadly and retroactively. If a person's conduct is determined to meet the definition of "terrorist activity", as amended, he or she will be inadmissible and, if already present in the U.S., will be deportable. The Act also provides for mandatory detention of non-U.S. citizens who have been "certified" by the Attorney General to be a person described in certain sections of the Immigration and Nationality Act pertaining to national security and terrorism. The Act also imposes a 12-month deadline for development and implementation of an entry and exit data system to enhance the INS's ability to monitor individuals entering and exiting the country.
Tracking International Students The Foreign Student Visa Monitoring Program established by the 1996 immigration law will now be implemented without delay and will be expanded to include all educational institutions approved to receive foreign students. The Program requires schools to maintain a record of student activities including date of enrollment, program end dates, fields of study, credits completed per semester, and any employment records. The information will be made available to the INS upon request.
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