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May 5 , 2004
 
 

Dear Readers,

In light of this year’s beautiful spring weather, I’m pleased to have some updates from USCIS that will come as welcome news to many of my readers.

USCIS has indicated to AILA that they have not seen the spike in H-1B filings since April 1st that many of us expected. USCIS reports that while they cannot specify the exact numbers of H-1B petitions filed, the volume has been “surprisingly low.” Though this is good news for employers who still wish to file under next year’s cap, we still recommend that employers file applications as soon as possible.

In addition, we can look forward to the expansion of the E-Filing program. The first phase of this program involved the online filing of I-90 Application to Replace Permanent Resident Cards and I-765 Applications for Employment Authorization (along with G-28s to authorize the attorney if necessary). The Seattle USCIS director conveyed to AILA that in the future we can expect electronic filing of the following petitions:
I-129 Petition for Nonimmigrant Worker (for H-1B petitions)
I-131 Application for Travel Document
I-140 Immigrant Petition for Alien Worker
I-539 Application to Extend/Change Nonimmigrant Status
I-907 Request for Premium Processing
USCIS customers will be able to submit their petitions and pay their fees electronically and will receive confirmation of their submission.

USCIS is in the final stages of developing a 1-800 phone system that will allow customers to directly access officers at service centers to have questions answered and to resolve problems. Callers will follow phone menus to be directed to appropriate representatives. This is the latest step in USCIS’s overall customer service plan that includes online case status, e-mail notification and the “customer service portal” on the USCIS website.

Finally, as to the recent fee increases that USCIS has implemented as of April 30th, USCIS Director Aguirre commented on the fee hike saying, “This is an important moment for USCIS; we are fundamentally transforming a tired immigration services system, uniformly recognized in need of reform, into a more efficient and effective operation.” We at Durrani Law Firm certainly hope that we will see positive results from this most recent fee increase.

Sincerely,

Sardar Durrani

   

In This Week's Issue:

USCIS Filing Fees Increased - April 30, 2004
Organizations Added to Terrorist Exclusion List
Congressional Report on Immigration-Related Detention Issues Available
I-94 Errors Issued by U.S. Citizenship and Immigration Services
Business Immigration Newsletter Available - March/April 2004
Read AILA's Monthly Washington Update - April 27, 2004

USCIS Filing Fees Increased - April 30, 2004

As of April 30, 2004, filing fees for USCIS applications will increase. You can read a full list of new fees in .pdf form here.

Organizations Added to Terrorist Exclusion List

Several international groups were officially designated as "terrorist organizations;" the list was published in the Federal Register and is found below.

___________________________________________

[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Notices]
[Page 23555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-89]

========================================

DEPARTMENT OF STATE

[Public Notice 4697]
Determination Pursuant to Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act, as Amended, Placing Entities on the Terrorist Exclusion List (TEL)
Acting under the authority of section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act, as amended (INA), 8 U.S.C. 1182(a)(3)(B)(v1)(II), and in consultation with the Attorney General and the Secretary of Homeland Security, I hereby determine that each of the following entities is a ``terrorist organization'' within the meaning of that section of the INA:
Babbar Khalsa International;
Communist Party of Nepal (Maoist)
(a.k.a. CPN(M), a.k.a. the United Revolutionary People's Council, a.k.a. the People's Liberation Army of Nepal);
Dhamat Houmet Daawa Salafia
(a.k.a. Group Protectors of Salafist Preaching; a.k.a. Houmat Ed Daawa Es Salifiya; a.k.a. Katibat El Ahoual; a.k.a. Protectors of the Salafist Predication; a.k.a. El-Ahoual Battalion; a.k.a. Katibat El Ahouel; a.k.a. Houmate Ed-Daawa Es-Salafia; a.k.a. the Horror Squadron; a.k.a. Djamaat Houmat Eddawa Essalafia; a.k.a. Djamaatt Houmat Ed Daawa Es Salafiya; a.k.a. Salafist Call Protectors; a.k.a. Djamaat Houmat Ed Daawa Es Salafiya; a.k.a. Houmate el Da'awaa es-Salafiyya; a.k.a. Protectors of the Salafist Call; a.k.a. Houmat ed-Daaoua es-Salafia; a.k.a. Group of Supporters of the Salafiste Trend; a.k.a. Group of Supporters of the Salafist Trend);
Eastern Turkistan Islamic Movement
(a.k.a. Eastern Turkistan Islamic Party, a.k.a. ETIM, a.k.a. ETIP);
International Sikh Youth Federation;
Moroccan Islamic Combatant Group
(a.k.a. GICM; a.k.a. Groupe Islamique Combattant Marocain);
The Islamic International Brigade
(a.k.a. International Battalion, a.k.a. Islamic Peacekeeping International Brigade, a.k.a. Peacekeeping Battalion, a.k.a. The International Brigade, a.k.a. The Islamic Peacekeeping Army, a.k.a. The Islamic Peacekeeping Brigade);
The Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs
(a.k.a. Riyadus-Salikhin Reconnaissance and Sabotage Battalion, a.k.a. Riyadh-as-Saliheen, a.k.a. the Sabotage and Military Surveillance Group of the Riyadh al-Salihin Martyrs, a.k.a. Riyadus- Salikhin Reconnaissance and Sabotage Battalion of Shahids (Martyrs));
The Special Purpose Islamic Regiment
(a.k.a. the Islamic Special Purpose Regiment, a.k.a. the al-Jihad- Fisi-Sabililah Special Islamic Regiment, a.k.a. Islamic Regiment of Special Meaning);
Tunisian Combat Group
(a.k.a. GCT, a.k.a. Groupe Combattant Tunisien, a.k.a. Jama'a Combattante Tunisien, a.k.a. JCT; a.k.a. Tunisian Combatant Group).
Acting under the authority of section 212(a)(3)(B)(vi)(II) of the INA, and in consultation with the Attorney General and the Secretary of Homeland Security, I hereby determine that the following names have been used by two organizations that are already on the Terrorist Exclusion List, and amend the designations of those organizations under that section to add the following names as aliases:
--Wafa Humanitarian Organization, Al Wafa, Al Wafa Organization (as aliases for Al-Wafa al-Igatha al-Islamia).
--Waldenberg, AG (as an alias for Al Taqwa Trade, Property, and Industry Company, Ltd.).
This notice shall be published in the Federal Register, and is effective upon publication.
Dated: April 22, 2004.
Colin L. Powell,
Secretary of State, Department of State.
[FR Doc. 04-9725 Filed 4-28-04; 8:45 am]

BILLING CODE 4710-10-P

Congressional Report on Immigration-Related Detention Issues Available

You may read the full report in .pdf form here.

I-94 Errors Issued by U.S. Citizenship and Immigration Services

The USCIS released a memo on March 30, 2004 regarding errors in issued I-94's. You may read the entire memo below:

---

This memorandum provides guidance for cases in which CIS or Asylum offices issue an I-94
with erroneous information. Should an alien enter a USCIS district office and demonstrate to a CIS officer that some information on an I-94 issued either by USCIS or an Asylum office is incorrect, the officer shall provide the alien with a new I-94 with the correct information. Some examples of errors can be a misspelled name or other data entry error at a Service Center, or, occasionally, an incorrect date of admission. The officer must be clearly convinced from the alien’s statements and the evidence presented that the I-94 was in fact issued in error and that neither the original error nor the proposed correction involve deliberate deception or fraud on the part of the alien. If the officer is
not, the alien should be advised to file Form I-102.

This memo does not cover any I-94s issued by U.S. Customs and Border Protection (CBP).
Should an alien enter a CIS office and ask for a new I-94 based on an I-94 issued at a port-of-entry or otherwise by CBP, the CIS officer should direct the alien to CBP in accordance with that agency's procedures.

This change will be incorporated into the Adjudicator's Field Manual (AFM) in the near
future. Until such time as that change is affected, all officers should adhere to the guidance
contained in this memorandum.

This memorandum is intended solely for guiding USCIS personnel in performance of their
professional duties. It is not intended to be, and may not be relied upon, to create any right or benefit, substantive or procedural, enforceable at law by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.

Business Immigration Newsletter Available - March/April 2004

The March/April issue of Connect!, AILA's business immigration newsletter, is available in .pdf form here.

Read AILA's Monthly Washington Update - April 27, 2004

You may read the Update in .pdf form here.

Madison Office:
Durrani Law Firm, Ltd.
139 West Wilson Street Suite 200
Madison, WI 53703

Phone: (608).255.9891
Fax: (608).255.9893

Milwaukee Office:
Durrani Law Firm, Ltd.
759 N. Milwaukee Street Suite 619
Milwaukee, WI 53202

Phone: (414).221.9888

Visit Our Website at: www.durrani.com

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