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Law Offices of Dayna Kelly
Immigration and Nationality Law
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J-1 Waiver for Foreign Medical Graduates
Under certain circumstances, a physician the US on a J-1 visa can obtain a waiver allowing him or her to stay in the U.S. after completing residency training.
The public is invited to address the North Carolina House Select Committee on the State’s Role in Immigration Policy during a committee meeting to take place on Wednesday, March 28, 2012, 1:00 p.m. until 3:00 p.m., in Room 643 of the Legislative Office Building, Raleigh, NC. The meeting will open with presentations to the Committee and will close with public comment during the final hour of the meeting
This Select Committee was created under the authority of the Hon. Speaker of the House Thom Tillis to study and examine the State’s role in immigration policy, including the effectiveness of laws already in effect pertaining to immigration as well as best practices in other states. The Committee includes 12 members of the North Carolina House of Representatives: Representative Iler (Co-chair), Representative H. Warren (Co-chair), Representative Brisson, Representative Cleveland, Representative Faircloth, Representative Folwell, Representative Hamilton, Representative Jones, Representative Pierce, Representative Starnes, Representative Stevens, and Representative Wray.
As part of the Committee’s information gathering process, the Committee Co-chairs invite members of the public who wish to make public comment to the Committee on the State’s Role in Immigration Policy to attend. Individuals who wish to address the Committee may sign-up between 11:30 a.m. and 12:30 p.m. on March 28 prior to the hearing outside of Room 643. Speakers are asked to limit comments to three minutes. Speakers are encouraged to furnish a written copy of their comments if possible. The Committee will also accept written comments from the public from those who do not wish to speak.
For more information, contact Carla Farmer, Committee Clerk, (919)301-1450, ilerla@ncleg.net.
| Post by in Legislation, North Carolina News
On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at the Department of State, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates by almost three years to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no “spilldown” to EB-2.| Post by in Department of State Updates, Visa Bulletins
The Department of State has released the April 2012 Visa Bulletin. Below is information that may be of interest to our readers.
- EB-2 priority dates for India and China remain at May 1, 2010, according to the Department of State’s April 2012 Visa Bulletin.
- EB-3 priority dates for professionals and skilled workers advance by ten days for India, to September 1, 2002; two months for China, to March 1, 2005; and 24 days for all other countries, to April 8, 2006. EB-3 priority dates for other workers will remain at April 22, 2003 for China, and advance by 10 days for India, to September 1, 2002. All other countries will advance 24 days, to April 8, 2006.
For more information about Family Based Categories, Diversity Visas, I-601 Provisional Waivers, or to view the bulletin, click here.
| Post by in Department of State Updates, Visa Bulletins
The U.S. Customs and Border Patrol urges individuals to refresh their knowledge of border crossing requirements in a recent news release. With many individuals planning to enjoy the upcoming spring and summer travel season, the U.S. Customs and Border Protection is reminding travelers to be prepared by educating themselves on the rules and regulations relating to international travel. The news release includes the following information.
- Travel Requirements for U.S. Citizens
- Travel Requirements for Visitors to the U.S.
- Trusted Traveler Programs
- Small Vessel Reporting System
- Travel Tips
Read all the “Know before you go” travel tips here.
| Post by in Department of Homeland Security Updates
On Saturday, March 10, the Department of State encourages you to apply for a U.S. passport at Regional Passport Agencies without an appointment. You will be able to apply for standard processing (4-6 weeks) or pay an additional $60 for expedited processing (2-3 weeks, door-to-door). Passport Day in the USA events are being held at Regional Passport Agencies and many Passport Acceptance Facilities across the country in communities like yours. Visit the Passport Day website to search for a location near you.
Below is a list of North Carolina locations and hours:
Angier Post Office
31 West Dupree Street
Angier , NC 275019:00AM – 2:00PM Carmel Post Office
6300 Carmel Road
Charlotte, NC 2822610:00AM – 2:30PM Northeast Station Post Office
1820 Harris Houston Road
Charlotte, NC 2826210:00AM – 2:30PM Durham NC Main Post Office
323 East Chapel Hill Street
Durham, NC 277018:00AM-1:00PM Jacksonville Main Post Office
719 New Bridge Street
Jacksonville, NC 285408:00AM – 1:00PM Davidson County Clerk’s Office
110 West Center St
Lexington, NC 2729510:00AM – 3:00PM Pittsboro Post Office
916 East Street
Pittsboro, NC 2731210:00AM – 11:45AM Westgate Post Office
1 Floretta Place
Raleigh, NC 276759:00AM – 1:00PM Braswell Memorial Library
727 North Grace St
Rocky Mount, NC 2780410:00 AM – 2:00 PM Rose Hill Post Office
128 East Church Street
Rose Hill, NC 284589:30AM – 12:00PM Salisbury Post Office
605 East Innes Street
Salisbury , NC 2814410:00AM – 3:00PM Saluda Post Office
102 E Main Street
Saluda , NC 2877310:00AM – 3:00PM Wake Forest Post Office
224 East Holding Avenue
Wake Forest, NC 2758710:00AM- 3:00PM UNC Wilmington
601 South College Road, Warwick Center
Wilmington, NC 2840310:00AM – 3:00PM Winston-Salem State University
601 Martin Luther King Jr Dr
Winston-Salem, NC 271109:00 AM – 3:00 PM | Post by in Department of State Updates
On March 5, 2012, the Department of Labor released Permanent Labor Certification Program (PERM) statistics from the first quarter of FY2012.
A link to the statistics can be found here.
| Post by in Department of Labor Updates
A hearing was held on March 7, 2012 concerning H.R. 3808, the Scott Gardner Act. The act aims to amend the Immigration and Nationality Act to direct the Attorney General to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. The act directs the officer, upon reasonable grounds to believe the individual is an alien, to verify the individual’s immigration status, and to take into custody for federal transfer an individual who is unlawfully in the United States. The Act also directs the Secretary of Homeland Security to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties.This bill was sponsored by North Carolina Representative Rep Myrick, Sue Wilkins [NC-9], and cosponsored by Rep Coble, Howard [NC-6] Rep McIntyre, Mike [NC-7] and three others.A video webcast of the hearing can be watched here.On March 6, 2012, the House Homeland Security Subcommittee on Border and Maritime Security held at hearing entitled “From the 9/11 Hijackers to Amine el-Khalifi: Terrorists and the Visa Overstay Problem.” Border security efforts are often focused on securing the borders, however, more than 40 percent of all illegal aliens do not sneak across the border, they come legally on valid visas and overstay them. The hearing examined the progress made since 2003 in identifying overstays, and how the Department of Homeland Security plans to implement a robust visa exit system that will prevent terrorists from successfully exploiting the visa process.” The committee heard testimony from:
- Mr. John Cohen
Deputy Counter-Terrorism Coordinator
U.S. Department of Homeland Security
[full text of testimony]Mr. Peter T. Edge
Deputy Associate Director
Homeland Security Investigations
Immigration and Customs Enforcement
U.S. Department of Homeland Security
[full text of testimony]- Mr. David Donahue
Deputy Assistant Secretary of State for
Consular Affairs
U.S. Department of State
[full text of testimony]| Post by in Department of Homeland Security Updates
Until recently, Student Exchange Visitor Program (SEVP) maintained two locations for listing and searching SEVP-certified schools: the SEVP home page on the U.S. Immigration and Customs Enforcement website and the new Study in the States website. In order to offer a more user-friendly experience, SEVP is removing the school listing from the SEVP home page on ICE.gov and will now host the SEVP-certified school search solely on the Study in the States website. Users may now search for certified schools by name, city or state.
| Post by in ICE Updates
Recently, a letter was sent by major nonprofit organizations to the United States Citizenship and Immigration Service (USCIS) concerning the Notice of Intent filed by the USCIS to implement stateside processing of provisional waivers of inadmissibility for certain immediate relatives who can demonstrate extreme hardship. If implemented, this would be a major administrative change in federal procedures for processing thousands of cases where a U.S. citizen applies for legal residence for an undocumented spouse. Under current law, undocumented family members of U.S. Citizens have very limited options for legalizing their status from within the United States.
The letter was signed by a host of respected nonprofit organizations and asks that the Service take the following initial comments into consideration as it works on this issue:
- Expand the Rule to Permit Preference Relatives to Apply for Provisional Waivers
- Expand the Rule to Permit Lawful Permanent Residents to Serve as Qualifying Relatives for Hardship Purposes
- Expand the Rule to Permit Provisional Processing of Other Waivers
- Permit Provisional Waivers for Individuals at Different Stages of the Immigrant Visa Process
- Permit Concurrent Filing of I-212 Permission to Reapply for Admission after Deportation or Removal
- Issue Notice of Intent to Deny (NOID) When an Additional Ground of Inadmissibility Is Suspected
- Provisional Waivers Should Not be Readjudicated and a Presumption of Extreme Hardship Should Apply to the Adjudication of Additional Waivers
- Clarify Provisions Relating to Individuals in Removal Proceedings
- Continue Widespread Public Outreach to Prevent the Unauthorized Practice of Law by Notarios and Unscrupulous Practitioners
The notice of intent from USCIS can be read here.
| Post by in News Articles, USCIS News
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an immigration law attorney for advice regarding your individual situation.