Ivo Skoric on Sat, 17 Nov 2001 23:09:01 +0100 (CET)


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[Nettime-bold] HirsonWexlerPerl Immigration Law News Flash!


More on decreasing liberties of foreign nationals in the US - this 
may well end the image of the US as the most popular destination 
for immigrants. Well, there are other places on the planet, aren't 
there?

This law applies to males of fighting age from Muslim countries (the 
definition that seems to be translated from the Serbian army 
practice in Bosnia). Note: Bosnians are _NOT_ on the list. Note 
#2: INS is really short on roaming agents so those checks within 
the US do not seem like such a big and overwhelimg threat.

ivo
------- Forwarded Message Follows -------

HirsonWexlerPerl 
 
Attorneys at Law
Practice Limited to Immigration & Naturalization Law
 
Immigration Legal Update
 
www.hirson.com
 
November 14, 2001
  
 The U.S. Department of State Introduces A New Security Hold for Certain
Arabic and Muslim Men.  
 
            The U.S. Department of State has announced that it will add
an additional 20 day waiting period to the processing of nonimmigrant
visa applications of men between the ages of 16 and 45 from certain
Arabic and Muslim countries. This new security hold will allow the
Department of State to do the following: cross check applicants' names
with the FBI's terrorism databases; require applicants to complete a new
background questionnaire that will reveal any previous military service,
previous weapons training, previous travels, and previously held
passports. 
 
            The new security hold applies to more Arabic and Muslim
countries than those currently listed as countries which sponsor or
support terrorist activities. The countries that are subject include:
Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia,
Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman,
Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey,
the United Arab Emirates and Yemen.  
 
                    What Foreign Nationals Should Expect While Traveling
Within the United States. 
 
Since the attacks of September 11, 2001, foreign nationals have expected
increased scrutiny when entering the United States and now should expect
increased scrutiny when traveling within the United States. The
Immigration and Naturalization Service ("INS") is now enforcing a little
known provision of the United States immigration laws found under
Section 264 of the Immigration and Nationality Act, which requires all
foreign nationals over the age of eighteen to carry documentation
evidencing both their identity and immigration status "at all times". A
foreign national who fails to comply with this regulation can be guilty
of a misdemeanor and may face fines and even jail time. 
 
Foreign nationals should carry their passports or a government issued
identification document to establish their identity. In addition,
foreign nationals must carry documentation to establish their
immigration status. Examples of documentation establishing immigration
status include:
 
            Foreign Nationals in Temporary or Nonimmigrant Visa Status.
These foreign nationals must  carry the notice of approval and I-94
Record. Students should also carry their I-20 forms. 
 
Nonimmigrants who are employed in the United States should carry
additional documentation verifying that their current employment is
authorized and consistent with their visa status (company issued
identification, recent payroll check stubs, business cards, and a letter
from the employer stating the foreign national's current position.) 
 
            Applicants for Permanent Residence whose temporary visa
status have expired should carry the INS-issued receipt notice
evidencing their filing of Form I-485 and, if employed in the U.S.,
their Employment Authorization Document ("EAD card").
 
             Permanent Residents should carry their alien registration
cards or their passports, which must contain a stamp verifying status as
a permanent resident.
 
Other types of Documentation which evidence Immigration Status may
include, but are not limited to: I-95, Crewmen's Landing Permit; I-184,
Alien Crewman Landing Permit and Identification Card; I-185, Nonresident
Alien Canadian Border Crossing Card; DSP-150 (effective 10/01/01,
replaces Form I-186) Nonresident Alien Mexican Border Crossing Card;
I-688, Temporary Resident Card.
 
Other legislation to watch for: 
Attorney General John Mr. Ashcroft has submitted an INS reorganization
plan to the White House's Office of Management and Budget. The plan
separates the INS' immigration-services function from its enforcement
function. Other efforts under way on Capitol Hill are more radical,
including splitting the INS into two separate agencies. 
 
For further questions about these, or any other U.S. Immigration topics,
please feel free to contact our New York office and speak with one of
our attorneys at (212) 509-4921 or e-mail us at hirson-ny@hirson.com 
New York, NY, hirson-ny@hirson.com; Newport Beach, hirson@hirson.com;
Los Angeles, hirson-la@hirson.com; San Diego, CA, hirson-sd@hirson.com;
Wilton, CT, hirson-ct@hirson.com; Phoenix, AZ, hirson-az@hirson.com; Las
Vegas, NV, hirson-lv@hirson.com; Toronto, Canada,
hirson-toronto@hirson.com
Web Based Case Tracker Capability 
CONTACT US FOR ALL OF YOUR U.S.  AND CANADIAN IMMIGRATION LAW
REQUIREMENTS
If you wish to be removed from our Immigration Law News Flash! e-mail
list, please contact rita@hirson.com
 

Ivo Skoric
1773 Lexington Ave
New York NY 10029
212.369.9197
ivo@balkansnet.org
http://balkansnet.org

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