Thursday, February 11, 2010

The Case Of A Confidential Informant Gone Wrong

First of a three-part series

The  faces of Lalo through the ages -- from various drivers licenses, a  passport and a video of him.
Enlarge Courtesy Texas DMV, U.S. D.O.J. and Raul Loya

The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. To the U.S. government, he was officially informant No. 913, though most called him by the nickname Lalo.

The faces of Lalo through  the ages -- from various drivers licenses, a passport and a video of  him.
Courtesy Texas DMV, U.S. D.O.J. and Raul Loya

The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. To the U.S. government, he was officially informant No. 913, though most called him by the nickname Lalo.

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February 11, 2010

Confidential informants — people who pose as criminals so they can provide information to the police or some government agency — have helped crack some major U.S. cases.

They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world.

And sometimes, things go terribly wrong.

'I Was Doing Something Good'

A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent.

An ICE Informant Run Amok — Or Mishandled?

Raul Bencomo, then an agent with U.S. Customs, assigned code No. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo.

Bencomo says Lalo was different from other informants. He was well dressed and always respectful — and anxious to talk about the Mexican drug lords he worked for.

"He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says.

Lalo's information was on the mark. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. He also helped crack a major international cigarette smuggling ring.

"He kept us so busy — we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says.

Lalo wasn't looking to make a deal. And he didn't need the money — he was already making plenty in Juarez's drug trade. But he had his reasons for informing on the drug gang.

"I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago.

During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. But in either language, his story is the same.

"I believe in some kind of justice, and I think I was doing something good," he said.

On the tape, Lalo looks more like a victim than a drug thug. He's clean-cut and clearly educated.

"I really was doing something good," he said.

The ICE Target: Heriberto Santillan

The feds paid Lalo well: nearly $250,000 over four years. His handlers did well, too.

It just made me sick. I had to go to the restroom and throw up. I took the recording and I told my supervisor that I didn't wish to be part of the case.

The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares.

Bencomo says the agents were told that Santillan was the No. 3 man in the Juarez cartel.

But as that investigation started, ICE's prized snitch came under suspicion. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The Drug Enforcement Administration blacklisted him. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign.

"That was the first incident that I ever came across that he was working both sides," Bencomo says.

Drug smuggling turned out to be the least of Lalo's exploits. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command.

Killings Caught On Tape

In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree — killing, kidnapping and torturing drug rivals in Juarez. And Lalo was with them.

Mexican law  enforcement officials load a corpse found at a Juarez drug cartel's  house in 2004.
Enlarge Guadalupe Juarez/AFP/Getty Images

Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004.

Mexican law enforcement  officials load a corpse found at a Juarez drug cartel's house in 2004.
Guadalupe Juarez/AFP/Getty Images

Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004.

According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. In fact, Lalo secretly recorded the first murder — and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Former agent Bencomo remembers listening to the tape.

"It just made me sick," he says. "I had to go to the restroom and throw up. I took the recording and I told my supervisor that I didn't wish to be part of the case."

But Bencomo stayed on, and so did Lalo. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings.

Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. Lalo said his actions were necessary to maintain his cover.

"When you infiltrate a cartel, everyone knows you have to go like what — like a criminal," he said. "And you have to act like a criminal."

Every Federal Rule Was Broken

But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken.

"Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. "In my mind, he was given a license to kill."

Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder. In my mind, he was given a license to kill.

Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities.

Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Among the victims were two U.S. residents. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke.

"Are you kidding me? These guys are El Paso's version of the Keystone Kops," Loya says. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder."

The killings in Juarez took place more than six years ago. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder.

In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." He says that the agency's guidelines for using confidential informants are sound. But in Lalo's case, he says, rogue agents didn't properly follow them.

"Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed."

The House Of Death

But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico — the majority of which took place at a house in a middle-class neighborhood in Juarez. It has been dubbed the House of Death.

Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. NPR went there with veteran Juarez crime reporter Carlos Huerta. He says Lalo was the keeper of the keys.

"There were these code words that the bosses would say to Lalo," Huerta says. "He would say, 'We're going to have a barbecue.' That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed."

Members of  the Federal Agency of Investigations excavate the yard at the House of  Death.
Enlarge Guadalupe Juarez/AFP/Getty Images

Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Eventually, a dozen bodies were unearthed at the site.

Members of the Federal Agency of  Investigations excavate the yard at the House of Death.
Guadalupe Juarez/AFP/Getty Images

Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Eventually, a dozen bodies were unearthed at the site.

According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime — essential items for binding murder victims and dissolving their remains.

Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death.

Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains.

"We stayed there all night and watched as they pulled out bodies," Magana says. "It was so horrible. With every new body, the smell would hit us — it was horrible. We came back night after night to see how many they dug up."

In all, there were 12 victims. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant.

"It hit me like cold water in the face; it just feels terrible. Here in Mexico, there is no justice, only impunity," Magana says. "So where are we going to find any help if we can't trust the U.S.?"

But it wasn't just the people of Juarez who were outraged. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned.

"I was shocked. I couldn't believe it," says the DEA's Sandalio Gonzalez. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo.

"We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" he says. "What is wrong with this picture?"

'This Is An Isolated Incident'

Gonzalez lodged a complaint against ICE. He also tried to get Congress to investigate, but that went nowhere.

ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter.

It hit me like cold water in the face; it just feels terrible. Here in Mexico, there is no justice, only impunity. So where are we going to find any help if we can't trust the U.S.?

"We have thousands of informants that are active that we are managing on a daily basis," he says. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures."

ICE says the fault lies with former agent Bencomo, Lalo's handler. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez.

Bencomo was the only one fired as a result of the Lalo fiasco. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job.

This is the first time that Bencomo has talked publicly. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing.

"He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. "We were told to continue, so for them to say that they didn't know about it, that is a total lie."

'I'm Just Fighting For My Life'

Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. Once the case was done, ICE was also done with Lalo. The agency began deportation proceedings with the intention of sending him back to Mexico.

Guillermo Eduardo  Ramirez Peyro, who goes by the nickname Lalo, talks about his case from  jail.
Courtesy Raul Loya

A still from a video in which Lalo talks about his case. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case).

Lalo has been in solitary confinement for more than five years. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S.

"Right now, I'm just fighting for my life," Lalo said.

For now, he said, jail is better than the fate he faces in Mexico.

"I don't know if they are going to keep me here for the rest of my life," he said. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' That's all I'm doing right now."

ICE says it learned some lessons dealing with Lalo. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. The memo stated that those rules would be part of a new policy handbook. But during our interview, ICE said that handbook still isn't finished.

Monday, February 8, 2010

Le Service de l'Immigration et de la Naturalisation met en garde contre les escroqueries visant les Haïtiens demandeurs du Statut de Protection Tempor

Bureau de l’Engagement Social
DEPARTEMENT DE LA SECURITE INTERNE
Service de l’Immigration et de la Naturalisation des Etats-Unis

Bulletin d’Information 25 Janvier 2010

Le Service de l’Immigration et de la Naturalisation met en garde contre les escroqueries visant les Haïtiens demandeurs du Statut de Protection Temporaire (Temporary Protected Status)

Le Service de l’Immigration et de la Naturalisation (USCIS) met en garde les Haïtiens demandeurs du Statut de Protection Temporaire (TPS) contre les escroqueries sur l’immigration. Le USCIS a mis en place un site internet dédié à donner des informations sur sa réaction envers Haïti au www.uscis.gov/haitianearthquake.

La représentation
Vous n’avez pas besoin d’un avocat ou d’un représentant pour demander le Statut de Protection Temporaire (TPS). Si vous désirez avoir un représentant lors du dépôt d’une demande ou d’une pétition auprès de l’USCIS, vous pourriez vous faire représenter par un avocat ou un représentant accrédité d’une organisation reconnue. Votre représentant devra déposer avec votre demande de TPS, le formulaire “Notice of Entry of Appearance as Attorney or Representative” (Form G-28). Veuillez consulter la page “Finding Legal Advice” (Comment trouver un avocat) sur le site internet de USCIS pour de plus amples informations sur ce sujet.

Une liste de prestataires de services juridiques à prix modique ou gratuit et celle des représentants attitrés par le BIA sont disponibles sur notre site internet au lien ci-dessus.

Formulaires de USCIS & Frais
Tous les formulaires de USCIS sont disponibles gratuitement sur le site www.uscis.gov/forms ou en appelant le numéro gratuit des Formulaires USCIS au (800) 870-3676. Les demandes du Statut de Protection Temporaire ne peuvent pas être soumises en ligne. Les frais de dépôt du Formulaire I-821, Application for Temporary Protected Status (Demande du Statut de Protection Temporaire) sont de $50. Il est aussi requis des frais biométriques de $80. Les frais de dêpot du Formulaire I-765, Application for Employment Authorization (Demande d’Autorisation d’Emploi), sont de $340. Si vous n’avez pas les moyens de payer les frais, une dérogation au paiement des frais peut être disponible.

Conseils utiles
Les conseils suivants vous aideront à éviter de devenir victime d’une escroquerie sur l’immigration:

  • NE SIGNEZ AUCUN papier ou document en blanc que vous ne comprenez pas
  • NE SIGNEZ AUCUN document contenant des informations fausses ou erronées
  • NE LAISSEZ personne garder vos documents originaux
  • NE PAYEZ PAS au delà d’une somme symbolique à quelqu’un qui n’est pas un avocat et n’effectuez pas de paiements sur internet.
  • FAITES des photocopies de tous les documents remplis ou déposés à votre nom
  • DEMANDEZ un reçu à chaque fois que vous payez quelqu’un pour qu’il vous assiste à remplir ou à déposer des formulaires
  • VERIFIEZ que votre avocat est agrée ou que votre représentant est attitré par le BIA.
Pour toutes informations complémentaires concernant comment éviter de devenir une victime d’une escroquerie sur l’immigration ou comment vérifier si un avocat est agrée ou un représentant est attitré par le BIA, veuillez consulter les liens “Don’t Be a Victim of Immigration Fraud” (Ne devenez pas une victime de la fraude sur l’immigration) et “Finding Legal Advice” (Comment trouver un avocat) au site www.uscis.gov/haitianearthquake.

USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is alerting customers of certain Notices of Approval (Forms I-797) issued between Jan. 20 and Jan. 27, 2010, with incorrect or missing information. The form types impacted are Petition for Nonimmigrant Worker (Form I-129) and Application to Extend/Change Nonimmigrant Status (Form I-539).

USCIS has started mailing new approval notices with corrected information to affected I-129 petitioners and I-539 applicants. Petitioners and applicants who received incomplete or incorrect approval notices should not attempt to use them. USCIS estimates that approximately 500 incorrect Notices of Approval (Forms I-797) were issued.

These are examples of errors on the approval notices of affected petitioners and applicants:

  • For Form I-129, petitioners who requested multiple unnamed beneficiaries were issued an approval notice that lists only one unnamed beneficiary.
  • For Form I-539, some applicants were issued an approval notice with no validity dates listed.

If you know or believe that your Notice of Approval was issued with incorrect or missing information, and you do not receive a revised Notice of Approval by Monday, Feb. 8, please contact USCIS at:

Service Center

Type of Processing

Email Address

California Service Center

Regular

csc-ncsc-followup@dhs.gov

Premium

csc-premium.processing@dhs.gov

Vermont Service Center

Regular

vsc.ncscfollowup@dhs.gov

Premium

vsc-premium.processing@dhs.gov

USCIS Revises Medical Certificiation for Disability Exceptions

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the availability of a revised Medical Certification for Disability Exceptions, Form N-648, for public comment.

USCIS published a Federal Register notice announcing changes to the form and that the revised form will be available for review and comment for 60-days, starting Feb. 1, 2010, and ending April 2, 2010. The revisions further clarify the requirements for the exception and the basis for preparing a medical certification for applicants and medical professionals.
In general, the law requires applicants for naturalization to demonstrate that they can communicate in basic English and that they understand United States history and government. However, an applicant who is unable to comply with one or both of those requirements because of a medically determinable physical or developmental disability or mental impairment may request an exception from either or both of the requirements. Applicants who claim this exception must submit a Form N-648 certification, completed by a medical professional, with their naturalization application to USCIS.
To view the revised Form N-648 and table of changes, please go to www.regulations.gov, select “Notices” as the document type, and enter “Form N-648” as the keyword and then click on “Search.” Once you retrieve the February 1, 2010 document, click on the docket ID link. That page will provide you with the revised form and table of changes.

USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.

The EAWA was enacted to ensure that companies that receive funding under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. Under this legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA). Please refer to the DOL’s Web site for guidance regarding the LCA filing requirements.

Subsequent to the enactment of EAWA, USCIS revised its Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the employer received covered funding (Question A.1.d). See the first page of the H-1B Data Collection and Filing Fee Exemption Supplement. Question A.1.d. is meant to identify petitioners who received funding under TARP or section 13 of the Federal Reserve Act when the petition is filed.

USCIS understands that some businesses who received covered funding may have subsequently repaid their obligations and may not know how to respond to Question A.1.d. (For information on whether covered funding obligations have been repaid, recipients of TARP funding should seek guidance from the Department of Treasury, or the Federal Reserve, respectively.) If you have repaid your obligations, then answer “No” to Question A.1.d. If you wish to provide further information with the petition to assist USCIS in determining that your status for purposes of EAWA is correct, you may do so.

USCIS reminds you that a valid LCA must be on file with DOL when the H-1B petition (with a copy of the LCA) is filed with USCIS. Processing delays or a denial of the H-1B petition may result if the LCA does not correspond with Question A.1.d of the H-1B petition, unless any inconsistency is explained to the satisfaction of USCIS. For example, if the LCA includes the additional statements, but Question A.1.d is answered “no,” you can explain that you had received covered funding at the time of filing the LCA but repaid the obligation before filing the Form I-129. However, please note that if you indicate on the petition that you are subject to the EAWA, but the LCA does not contain the proper declarations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

USCIS additionally reminds employers that EAWA applies only to new hires and not to H-1B petitions seeking to change the status of a beneficiary working for the petitioning employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of H-1B status for a current employee to continue working for the same employer.

USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam Questions and Answers

Introduction

Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014. The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).

Questions and Answers

Q. Who may qualify for this CNMI and Guam H cap exemption?
A. Nonimmigrants admitted as H-1B and H-2B workers for labor or services in the CNMI and/or Guam. To qualify for this exemption in H-1B classification, the prospective employer’s petition must include a Labor Condition Application (LCA) listing employment or services in the CNMI and/or Guam only. To qualify for this exemption in H-2B classification, the petition must include a temporary labor certification (TLC) listing labor or services in the CNMI and/or Guam only.

Q. What fees are required if I am filing a petition for this CNMI and Guam H cap exemption?
A. The fees required are the same as those required for a petition filed from any other U.S. location. Please see the Instructions to the Petition for Nonimmigrant Worker, (Form I-129) for more information.

Q. Can a worker in H classification who will work or perform services in the CNMI or Guam and an additional U.S. state or territory qualify for this H cap exemption?
A. No. This H cap exemption does not apply to any employment to be performed outside of Guam or the CNMI. As such, a petition for H-1B or H-2B classification that is requesting employment outside of the CNMI or Guam, even for partial employment outside of the CNMI or Guam, cannot qualify for this exemption.

For example, an H-1B petition filed by a petitioner requesting employment for a worker who will work partially at the employer’s CNMI office and partially at the employer’s office in Hawaii cannot qualify for this H cap exemption.

Additionally, please note that all work locations must be listed on the LCA or TLC submitted to USCIS with the petition for H-1B or H-2B classification. Failure to do so is a violation of the terms and conditions of employment listed on the LCA or TLC.
Q. Can a worker granted H classification under this cap exemption travel to another U.S. location outside of Guam and the CNMI?
A. Yes. A worker in H classification for employment in the CNMI and/or Guam may freely travel to any U.S. state or territory. However, like any other worker in H classification, his/her employment authorization is limited to the locations authorized by the U.S. Department of Labor on the LCA or TLC.

The only exception is for H-2B workers performing services solely in Guam, who are limited to the locations of employment authorized by the Guam Department of Labor on their TLC.

Q. If a worker is granted H classification under this cap exemption and his/her employer would like him/her to work at another U.S. location outside of the CNMI and Guam, does the employer need to file another petition with USCIS?
A. Yes. Since employment performed in a U.S. location outside of the CNMI and Guam is not included in this cap exemption, the employer must file a new petition with USCIS to be counted against either the H-1B or H-2B cap before the worker may perform labor or services at that additional location. No employment location outside Guam or the CNMI is authorized under a cap-exempt petition approval for those jurisdictions, and such employment will always be considered a material change requiring a new cap-subject petition.

Q. If a worker is granted H classification under this cap exemption and is assigned different duties in the CNMI or Guam, does the employer need to file another petition with USCIS?
A. Yes in certain circumstances. Under the rules and procedures applicable to all H employment, a new petition is required if the H nonimmigrant seeks to change employers, or if there are any material changes in the terms and conditions of employment with the original petitioner, including (but not limited to) any change of work location to a location not previously authorized by the U.S. Department of Labor on the LCA or TLC. The Guam and CNMI H cap exemption applies to the cap only. All other provisions of the H program are unchanged. Therefore, if an employer elsewhere in the United States would normally be required to file a new petition to obtain approval of a material change in the beneficiary’s employment, an employer in Guam or the CNMI would also be required to file a new petition. As discussed above, any employment outside Guam or the CNMI will require a new petition; a change of location or duties within Guam or the CNMI (including a change from Guam to the CNMI or vice-versa) may or may not require a new petition, depending on whether the change is a material change to the terms and conditions of employment previously approved. If a new petition is required for approval of a material change of employment, but the new employment is still limited to Guam and the CNMI, then the new petition will also be cap-exempt during the transition period.

Q. Can the spouse and children of an H worker under this cap exemption qualify for H-4 “dependant of an H worker” classification?
A. Yes. The spouse and qualifying children of an H worker may apply for H-4 “dependant of an H worker” classification. There is no cap for H-4 classification. Family members seeking H-4 classification may apply directly at the U.S. Embassy or Consulate for a visa. Subsequent requests for an extension of stay must be filed with USCIS on an I-539, Application to Change or Extend Nonimmigrant Status.

Q. Can the spouse and children of an H worker under this cap exemption that have qualified for H-4 “dependant of an H worker” accept employment?
A. No. Nonimmigrants in H-4 classification do not have employment authorization and cannot work in the United States. The spouse or child of an H worker may only work in the United States if he or she enters the United States in a nonimmigrant classification that provides for employment authorization.

For more information on USCIS and its programs, visit the links to the right or call our National Customer Service Center at (800) 375-5283.



Last updated:02/05/2010

Thursday, February 4, 2010

USCIS Revises Medical Certificiation for Disability Exceptions

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the availability of a revised Medical Certification for Disability Exceptions, Form N-648, for public comment.

USCIS published a Federal Register notice announcing changes to the form and that the revised form will be available for review and comment for 60-days, starting Feb. 1, 2010, and ending April 2, 2010. The revisions further clarify the requirements for the exception and the basis for preparing a medical certification for applicants and medical professionals.
In general, the law requires applicants for naturalization to demonstrate that they can communicate in basic English and that they understand United States history and government. However, an applicant who is unable to comply with one or both of those requirements because of a medically determinable physical or developmental disability or mental impairment may request an exception from either or both of the requirements. Applicants who claim this exception must submit a Form N-648 certification, completed by a medical professional, with their naturalization application to USCIS.
To view the revised Form N-648 and table of changes, please go to www.regulations.gov, select “Notices” as the document type, and enter “Form N-648” as the keyword and then click on “Search.” Once you retrieve the February 1, 2010 document, click on the docket ID link. That page will provide you with the revised form and table of changes.

For more information on USCIS programs or to download a copy of the current version of a USCIS Form, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is alerting customers of certain Notices of Approval (Forms I-797) issued between Jan. 20 and Jan. 27, 2010, with incorrect or missing information. The form types impacted are Petition for Nonimmigrant Worker (Form I-129) and Application to Extend/Change Nonimmigrant Status (Form I-539).

USCIS has started mailing new approval notices with corrected information to affected I-129 petitioners and I-539 applicants. Petitioners and applicants who received incomplete or incorrect approval notices should not attempt to use them. USCIS estimates that approximately 500 incorrect Notices of Approval (Forms I-797) were issued.

These are examples of errors on the approval notices of affected petitioners and applicants:

  • For Form I-129, petitioners who requested multiple unnamed beneficiaries were issued an approval notice that lists only one unnamed beneficiary.
  • For Form I-539, some applicants were issued an approval notice with no validity dates listed.

If you know or believe that your Notice of Approval was issued with incorrect or missing information, and you do not receive a revised Notice of Approval by Monday, Feb. 8, please contact USCIS at:

Service Center

Type of Processing

Email Address

California Service Center

Regular

csc-ncsc-followup@dhs.gov

Premium

csc-premium.processing@dhs.gov

Vermont Service Center

Regular

vsc.ncscfollowup@dhs.gov

Premium

vsc-premium.processing@dhs.gov



Please include “Approval Notice Error” in the subject line of the email. Petitioners and applicants may also call the National Customer Service Center at 1-800-375-5283 for assistance.

Friday, January 29, 2010

How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince

In response to the Jan. 12, 2010 earthquake in Haiti, U.S. Citizenship and Immigration Services (USCIS) is actively screening Haitian children for possible humanitarian parole if they fit into one of two special categories authorized by Department of Homeland Security Secretary Napolitano on Jan. 18, 2010. The specialized categories only apply to Haitian children who were adopted or were in the process of being adopted by American families prior to Jan.12. For additional information on the eligibility criteria for both categories, please review the "Information for U.S. Citizens in the process of adopting a child from Haiti", also summarized in the chart below.

Category

Eligibility Requirements

Children being adopted by Americans who have been legally confirmed as orphans eligible for intercountry adoption by the Government of Haiti (GOH), through an adoption decree or custody grant

Evidence of availability for adoption must include at least one of the following:

  • Full and final Haitian adoption decree
  • GOH Custody grant to prospective adoptive parents for emigration and adoption
  • Secondary evidence of either of the adoption or custody decree

Evidence of suitability must include one of the following:

  • Approved Form I-600A
  • Current FBI fingerprints and security background check
  • Physical custody in Haiti plus security background clearance

Children previously identified by an Adoption Service Provider (ASP) or an intercountry adoption facilitator and matched to an American prospective adoptive parents

Evidence of a relationship between the prospective adoptive parents and the child and evidence of the parents' intention to complete the adoption. Evidence may include:

  • Proof of travel by the prospective adoptive parents to Haiti to visit the child
  • Photos of the child and prospective adoptive parents together
  • ASP "Acceptance of Referral" letter signed by the prospective adoptive parents
  • Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010 with intent to adopt the child (filed Form I-600A and/or Form I-600, completed a home study, located an ASP to work with in Haiti, etc.)

Evidence of the child's availability for adoption. Evidence may include:

  • IBESR (Haitian Adoption Authority) approval
  • Legal relinquishment or award of custody to the Haitian orphanage
  • Secondary evidence of the above (e.g. e-mail correspondence, copies, ASP correspondence0

Evidence of suitability must include one of the following:

  • Approved Form I-600A OR
  • Current FBI/FP and security background clearances

If you have eligible children for this program, please follow the instructions below on how to schedule an appointment for an orphan screening.

Adoptive Parent(s) in the United States

We encourage you to work closely with your Adoption Service Provider if you have one since we frequently provide updated information to them. We strongly discourage parents from traveling to Haiti on their own.

To request an appointment for an orphan screening at the U.S. Embassy in Port au Prince, contact us at HaitianAdoptions@dhs.gov. To ensure your request is processed correctly please follow the instructions below:

  1. In the subject line of your email type: "APPOINTMENT REQUEST," Your surname and the name of the orphanage
  2. In the body of the e-mail be sure to include:
    • Your child's full name
    • Your child's date of birth
    • Any information you believe we should have in regard to the child's vulnerability (e.g. the child is ill, has special needs, is particularly vulnerable)
    • The name and location of the orphanage where your child is living
    • A point of contact for the orphanage (either in the United States or Haiti)

Please note that your child is likely to be scheduled as part of a larger group, so your response from us may refer to that group as well as to your child. Scheduling all eligible children from a given orphanage together is safer for the children, as they will be able to travel together to the embassy, and ultimately depart from Haiti as a group since all will be authorized and issued their documentation at the same time.

USCIS is actively reaching out to all Haitian orphanages that we are aware of in an effort to schedule appointments. If you know that USCIS is already working with your orphanage, it is not necessary for you to request an appointment, although you are free to do so.

Adoptive Parent(s) in Haiti with Your Adoptive Child(ren)

If you have access to the Internet, please send an e-mail to HaitianAdoptions@dhs.gov. To ensure that your request is processed correctly, please follow the instructions below:

  1. In the subject line of your email type: "URGENT -- ADOPTIVE PARENT IN HAITI"
  2. In the body of the e-mail be sure to include:
    • Your full name
    • Your home address
    • Your child's name
    • Your child's date of birth
    • Information about how to best contact you

We will make every effort to reply to your message promptly with instructions on when to go to the embassy. You are more likely to get into the embassy and processed quickly if you email us to make the appointment.

It is extremely important that you bring all available adoption documents, identity documents and current photos of your child.

If you cannot e-mail us in advance, you may proceed directly to the embassy with your child and identify yourself to the guards as an adoptive parent with an orphan child in need of orphan screening at the USCIS Field Office. Although the embassy guards have been instructed to bring all such cases immediately to the front of the line and admit them into the embassy, it may be very difficult for you to gain access, particularly if we are unaware that you are coming. You may also have to make several visits or wait for long periods of time, depending on the information we have available about your case.

USCIS is actively reaching out to all Haitian orphanages that we are aware of in an effort to schedule appointments. If you know that USCIS is already working with your orphanage, it is not necessary for you to request an appointment, although you are free to do so.

Orphanage Directors or Other Individuals Caring for Orphan Children

The embassy is scheduling appointments in advance in an effort to pre-process groups of cases. This will allow all children who are eligible in a particular orphanage to be screened at the same time and will only require one trip to the embassy for physical identification. Do not try to enter the embassy without first arranging an appointment, as you may be turned away.

To request an appointment for orphan screenings at the U.S. Embassy in Port au Prince, contact us at HaitianAdoptions@dhs.gov. To ensure your request is processed correctly please follow the instructions below:

  1. In the subject line of your email type: "ORPHANAGE SEEKING APPOINTMENT"
  2. In the body of the e-mail be sure to include:
    • A list of the children in your care with their dates of birth
    • Name(s) of the children's adoptive parent(s)
    • Contact information for the children's adoptive parents (addresses and e-mail addresses)
    • Status of the each child's case (e.g. pre-IBESR, MOI, etc.)
    • Your contact information (phone number, email, through a U.S. contact, etc.)

If you do not have all the information requested above, provide as much as possible.

USCIS will respond by informing you of your appointment time. Only the orphanage director or other responsible adults should appear for the initial appointment. Bring all available adoption and identity documentation for each child who will be screened as well as current photos if available.

The children will need to be seen at the embassy for physical identification after the cases have been vetted and prior to issuance of the travel documentation. You should only bring the children to the embassy when instructed to do so by USCIS or the U.S. Embassy.

NOTE: We are aware that some orphanages are located a long way from the U.S. Embassy in Port au Prince. We are currently considering how we might make processing available in remote locations, and will provide further information on this at a later time.

For more information about other USCIS Haitian relief efforts, please go to the main page "USCIS Response to Haiti" link on the left.

USCIS and Los Angeles Announce Immigrant Integration Partnership

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas and Los Angeles Mayor Antonio Villaraigosa announced today a new partnership to strengthen immigrant integration efforts in Los Angeles through proactive citizenship awareness, education, and outreach activities. The initiative kicks off with a free citizenship information session and naturalization workshop on Saturday, Jan. 30, 2010, at Felicitas and Gonzalo Mendez Learning Center in Northeast Los Angeles. USCIS Los Angeles District Director Jane Arellano will be on hand to answer questions.

“Citizenship creates opportunities, strengthens communities, and allows immigrants to become fully vested members of this great nation,” said Mayorkas. “In serving the public, it is our duty to provide aspiring citizens with the tools they need to pursue the path to citizenship. We are proud to partner with Mayor Villaraigosa and the City of Los Angeles on this important initiative.”

Saturday’s event is the first in a series of planned citizenship information sessions for Los Angeles residents. Other activities under the agreement include the dissemination of USCIS educational materials highlighting U.S. citizenship and the naturalization process at city facilities along with targeted outreach to increase awareness of citizenship rights, responsibilities, and the naturalization process among eligible residents. As the second largest, and one of the most diverse cities in the country, Los Angeles is home to immigrants coming from more than 140 countries and speaking 224 languages. California is home to nearly 3.5 million legal permanent residents, 2.5 million of whom are eligible to naturalize.

“By partnering with USCIS to educate and encourage Angelenos to become American citizens, the City of Los Angeles is helping to open the doors of greater economic opportunity for thousands of hard-working immigrants and their families,” Mayor Villaraigosa said. “This outreach campaign is a model of cooperation and civic empowerment that will help enrich America's continued success as a nation of immigrants.”

Los Angeles is the first city to enter into an agreement with USCIS to strengthen and enhance local immigant integration efforts. USCIS will regularly evaluate the program’s effectiveness to determine whether a similar agreement may be replicated in other locations. Launched as a pilot, the partnership between USCIS and Los Angeles will remain in effect for two years.

To learn more about USCIS and its programs, visit our homepage or call the National Customer Service Center at (800) 375-5283.

For more information on the City of Los Angeles, visit www.lacity.org.

Thursday, January 28, 2010

Questions and Answers: Requesting Waiver of Fees Temporary Protected Status Applicants

Background

U.S. Citizenship and Immigration Services (USCIS) is funded by application and petition fees. Waiving a fee for certain individuals transfers the cost of processing applications and petitions to other applicants and petitioners and often necessitates increasing fees for everyone. However, we recognize that some individuals may not be able to pay the filing or biometrics fees. If you wish for us to consider waiving the fees for your application, please follow the instructions provided on requesting a fee waiver at http://www.uscis.gov/feewaiver and in these Questions and Answers. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the application fees and biometrics fee that are applicable in your case.

Questions and Answers

Q. Which fees can USCIS waive if requested?

A. If you are unable to pay, you may request a fee waiver for the following fees:

  • Application for Temporary Protected Status (Form I-821);
  • Application for Employment Authorization (Form I-765);
  • Application for Waiver of Ground of Inadmissibility (Form I-601); and
  • The biometrics fee.

The fee for the Application for Travel Document, (Form I-131), is not waivable.

Q. How should I apply for a fee waiver request?
A. To apply for a fee waiver, you must submit a written statement, made under oath, affirmation, or pursuant to 28 U.S.C. 1746 containing the statement: “I declare under penalty of perjury that the foregoing is true and correct,” requesting a fee waiver(s) and stating the reasons why you are unable to pay the filing fee(s). This statement must be on the request and the request will be denied if it is not. Be sure to state which specific fees you are requesting to be waived in your affidavit.
The signed written statement and any supporting documentation must be submitted along with your benefit application(s).
Your fee waiver request must explain why you are unable to pay the fees and also include:

  • Any evidence that you are receiving a federal or state means-tested public benefit (e.g., Medicaid, food and nutrition benefits (SNAP program), housing assistance, etc.),*
  • Your monthly Gross Income from all sources for each of the three months prior to the filing of the fee waiver request,
  • A list of all assets owned, possessed or controlled by you or your dependents,
  • Your monthly essential expenditures , including any extraordinary expenses (e.g., high medical bills), for each of the three months prior to the filing of the fee waiver request,
  • A list of your dependents in the United States, their address and relationship to you, and any income earned or received by your dependents,
  • Any evidence of humanitarian considerations (e.g., disability, age, homelessness, unemployment),* and
  • Any other information that you believe supports your inability to pay the fees that you would like waived.

*Although these starred items are not mandatory requirements, such evidence will be given significant weight in determining your eligibility for a fee waiver.

Q. How will USCIS determine if I qualify for a fee waiver?
A. We will determine that you qualify if you are able to demonstrate that it is more probable than not that your gross income for the three-month period prior to the filing of your fee waiver request was equal to or less than your essential expenses (e.g. reasonable expenditures for rent, utilities, medical expenses, child care) during that same period AND you do not own, possess or control ASSETS sufficient to pay the fee without substantial hardship.

We will review your fee waiver request according to the following 5 steps:

Step 1. Are you receiving a federal-means tested benefit? If you are and you have provided sufficient evidence, your fee waiver will normally be approved.

Step 2. Is your household’s income over the three months preceding the filing of your fee waiver request less than the Federal Poverty Guidelines?

Step 3. Did your essential expenses over the three months preceding the filing of your fee waiver request equal or exceed your gross income during that period?

Step 4. Do you have a humanitarian consideration (e.g, disability, age, etc.) or an extraordinary economic situation (e.g., recent unemployment) that you believe has a sufficiently negative financial impact to make you eligible for a fee waiver? If so, you must provide sufficient evidence to support your claim.

Step 5. Do you have any other reasons and supporting evidence that would support your inability to pay the fee(s)? If so, you must provide the evidence and explain how it makes you unable to pay the fee.

By utilizing the step-by-step process above, USCIS will look at your entire situation to determine whether to grant you a fee waiver based on whether you have sufficient assets to pay the fee without substantial hardship.

Q. What is a federal means-tested benefit and what effect does it have on my eligibility for a fee waiver?
A. A federal means-tested benefit is any benefit funded in whole or part by the Federal government that requires you to demonstrate your “means” (e.g., your income, assets and related resources) as part of the eligibility requirements for the benefit. The federal agency administering the funds determines whether the benefit is a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193.

Many federal-means tested benefits are administered by state, county and city social service agencies. All benefits, whether they are provided by the federal or local government agencies, carry equal weight in our consideration of your fee waiver request.

Examples of federal means-tested benefits include Supplemental Nutrition Assistance Program (SNAP) benefits (formerly called “Food Stamps”), Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families (TANF).

You should provide evidence you are receiving these benefits if you wish USCIS to take into account the fact that you have previously demonstrated low income and limited resources to a different agency as part of USCIS’ determination of your eligibility for a fee waiver. This evidence should be a copy of a letter or other documentation bearing the letterhead or logo of the agency granting the benefit, the name of the recipient of the benefit and that you are currently receiving the benefit.

Q. What if someone else in my family is receiving federal means-tested benefits?
A. The person applying for the fee waiver must be the person who is receiving the Federal means-tested benefits.

The only exceptions are:

1. If an applicant is receiving a federal means-tested benefit, then a dependent spouse who lives in the same household of the applicant will also qualify for a fee waiver unless the spouse owns, possesses or controls assets sufficient to pay the fee without substantial hardship; and,

2. If a parent is receiving federal means-tested benefits, then his or her unmarried children under 18 living with him or her would also qualify for a fee waiver.

However, the reverse situation does not apply. For example, if a child or grandchild is receiving Federal means-tested benefits, eligibility for a fee waiver does not automatically extend to parents or other family members. Similarly, if a parent is receiving SSI, his or her adult children do not automatically qualify for a fee waiver as a result.

Q. If I am not receiving a federal-means tested benefit, how will you determine my eligibility for a fee waiver?
A. If you are not receiving a federal-means tested benefit, we will look at other factors, such as the income level of your household and compare it to Federal Poverty Guidelines. We will also consider assets, humanitarian factors, and all evidence that you submit regarding your inability to pay to determine whether your request merits a discretionary grant of a fee waiver.

Q. How will you use my household income information to determine my eligibility for a fee waiver?
A. We will compare your household income with the "Federal Poverty Guidelines". We use the Federal Poverty Guidelines, as established by the Secretary of Health and Human Services.

If your household income is greater than the Federal Poverty Guidelines, then you are not likely to qualify for a fee waiver. However, even if your household income exceeds that of the Federal Poverty Guidelines, if you have a humanitarian consideration or an extraordinary economic situation such as medical bills or unemployment, then USCIS will take this account in an overall assessment of your inability to pay the fees. See further Q&A’s below.

Q. What evidence should I provide concerning my household income?
A. In addition to your written statement, you are strongly encouraged to submit documentary evidence of your household income which includes all forms of income, including income received or earned by any dependent in the United States, and financial assistance. Such evidence may include:

  • If available, a copy your Federal tax return for the last tax year; or
  • If you did not file a federal tax return, submit other forms of evidence which may include paycheck stubs, employment contracts, statement(s) from your employer(s) own business stationary showing salary or wages paid etc, for the past 3 months; or
  • Official transcripts of your tax returns and W-2s. These can be obtained without fee from the Internal Revenue Service by filing an IRS Request for Transcript of Tax Return, (Form 4506T).

Q. Who should I include when determining my household size?
A. You should include:
Yourself;
Your spouse;

  • The following family members:
    • Your children or legal wards, who are unmarried and under 21, and who live with you;
    • Your children or legal wards, who are unmarried, under 23, full-time students, and who live with you when not at school;
    • Your children, or legal wards, who are unmarried, and for whom you are the legal guardian because they are physically or mentally disabled to the extent they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;
    • Your parents, if:
      • You are unmarried, under 23, a full-time student, and you live with your parents when you are not at school; or
      • They are retired and living with you.

Q. Will you include the income of a person living with me if that person is not part of my household for tax purposes?
A. If a person is living with you but is not claimed as a member of your household for tax purposes, that person’s income will not be considered when determining your household income. You do not need to provide this person’s income information.

Q. If I am separated, do I need to count my husband or wife, and children living with him or her?
A. If you are legally separated, you do not need to include your spouse in your family size, and do not need to include your spouse’s income information. However, be sure you include in your household income any support that your spouse is still legally required to provide to your household under court order or state law.

If you are legally separated but continue to live together, your spouse’s income information must be included with your fee waiver request.

If you are not legally separated, even if you are living apart, then you need to include your spouse’s income information in your fee waiver request.

Evidence of legal separation should be included with your fee waiver request. This may be a copy of the court order or a letter from the attorney that is managing your case.

Q. If I am applying for immigration benefits under the provisions of the Violence Against Women Act, do I need to provide my spouse’s financial information?
A. Individuals applying for immigration benefits under provisions of the Violence Against Women Act (VAWA), regardless of current marital status, should only provide their spouse’s financial information if it is readily available. In those cases where the information cannot be obtained, please provide a brief explanation describing the circumstances.

Q. How will my expenses factor into my eligibility for a fee waiver?
A. Essential expenses for this purpose are limited to reasonable expenditures for: rent, food, utilities, child care, medical expenses, commuting costs, clothing, and laundry. Temporary Protected States (TPS) fees are also considered an essential expenditure.

Q. How will my assets and/or the assets of my dependents factor into my eligibility for a fee waiver?
A. In addition to providing us with evidence that your essential expenditures have equaled or exceeded your gross income for the last three months, you will need to provide us with information concerning your assets (as well as those of your dependents) and their value.

Assets include: real estate, property, cash, checking, and savings accounts, stocks, bonds, and annuities (except for pension plans and Individual Retirement Accounts (IRAs)).

If we determine that you can pay the fees from your assets without substantial harm, we will deny your fee request. For example if you have $20,000 in the bank and own two cars, we would determine the applicant has the ability to pay.

Q. What if I believe I am eligible for a fee waiver because of a humanitarian consideration or due to a recent extraordinary economic situation?
A. To the extent that your essential expenses over the three month period prior to your filing the fee waiver request were not equal to or greater than your income during that period, we may consider the following in determining your eligibility for a fee waiver:

  • Whether your age will have an effect on your ability to earn income in the near future;
  • Any disability that may prevent you from earning an income in the near future; and
  • Evidence that you recently became unemployed.

Disabilities (physical and emotional) should be documented with a letter from a medical professional and should state the nature of your disability and that it prevents or severely inhibits your ability to earn an income.

Q. What if I am filing on behalf of a special immigrant juvenile (SIJ)?
A. Juveniles in the custody of the state or local government will likely qualify for a fee waiver. The legal guardian, conservator, or similar court-appointed surrogate should sign the fee waiver request and provide one of the forms of evidence listed below:

  • Evidence that the SIJ is receiving a federal means-tested benefit.
  • Pay stubs or bank statements indicating the SIJ’s income is under the federal poverty guidelines.
  • Recent juvenile court order establishing dependency or custodial assignment (within the last 6 months) of the SIJ.
  • Letter from a foster care home or similar agency overseeing the SIJ’s custodial placement that describes the SIJ’s inability to pay.
  • Form I-797 Approval Notice for a Form I-360 filed for the SIJ.

Any one of the above types of documentation will meet the evidentiary requirement to support the SIJ’s inability to pay.

Q. Who may request a fee waiver?
A. Anyone who is 18 or older and wants to request a fee waiver for his/her own application.

Anyone who is 18 or older may request a fee waiver for his/her:

1. Unmarried children under 18;
2. Unmarried sons and daughters for whom s/he remains the legal guardian to the extent they cannot adequately care for themselves; and
3. Legal ward who meets either of the above definitions.

Q. Who should sign the fee waiver request?
A. If you are at least 14 years old, you may sign on your own.

Your parent or legal guardian conservator, committee or similar court-appointed surrogate may sign the request for you if you are under 14 years old, or if you are between 14 and 18 years of age, but incapable of signing on your own.

A legal guardian, conservator, committee or similar court-appointed surrogate may also sign the fee waiver request for you if you are 18 years of age or older but a court has appointed a guardian, conservator, committee or similar surrogate for you because you are not capable of managing your own affairs.

Q. If the applicant is a minor and is a ward of the state, who should complete and sign the fee waiver request?
A. The court appointed guardian, conservator, committee or similar surrogate should sign the fee waiver request. The fee waiver request should include a copy of the court order designating the signee as guardian, conservator, committee or similar surrogate.

Q. Some form instructions mention filing fees and biometric fees. Can both be waived? Do I have to file separate fee waiver requests?
A. You do not have to file a separate fee waiver request for the filing fee and the biometric fee. If we approve your fee waiver request, we will waive both the filing and biometric fees.

Q. Do I need English translation of documents?
A. If any document that you submit with your application is not in English, you must submit both the document itself (in the other language) and a full and complete English translation.

The individual who translated the document into English must certify that he or she is competent to translate from the other language into English, and that the translation is a full, complete and accurate translation of the entire document.

The translator must include his or her name, signature, full address, phone number, e-mail address and any related license or registration number.

Q. What if I have questions?
A. If you have questions, refer to our Web site (http://www.uscis.gov ) or call customer service at the National Customer Service Center (NCSC): 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired).

Change of Filing Location for Form I-601, Application for Waiver of Ground of Inadmissibility

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revisions to Form I-601, Application for Waiver of Ground of Inadmissibility.

As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

In addition, USCIS today announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.

Beginning 1/27/2010, the following filing location changes are in effect for applicants located in the United States:

  • Applicants who a) have an approved Form I-360 based as a Self-petitioning spouse or child of an abusive U.S. Citizen or Lawful Permanent Resident, or b) are a T nonimmigrant seeking adjustment of status, and who are filing Form I-601, must file their application at the USCIS Vermont Service Center;

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001.

  • Applicants who are filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status, must file the I-485 and the I-601 at the filing location specified on the Form I-485 instructions.
  • Applicants who have a pending Form I-485 must file Form I-601 with a USCIS Lockbox facility, based on the first 3 letters in their application receipt number. Detailed guidance can be found in updated Form I-601 instructions as well as at www.uscis.gov. Applicants must include a copy of the I-797C, Notice of Action, showing that their Form I-485 was accepted.
  • Applicants for Temporary Protected Status (TPS) under the Immigration and Nationality Act Section 244, must file Form I-601 with Form I-821, Application for Temporary Protected Status. Consult the applicable Federal Register notice for the applicant's country’s TPS designation.
  • Individuals in removal proceedings, must file Form I-601 with the Executive Office for Immigration Review (EOIR) office with jurisdiction over your case and according to the instructions that are provided to the individual in court.

USCIS Offices will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities for 30 days, until 2/27/2010. After that, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

Applicants located outside of the United States will continue to file their Form I-601 with the U.S. Embassy or consulate where they are applying for a visa.

When filing Form I-601 at a Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their applications. To receive notification, the applicant must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of the application.

For more information on USCIS programs or to download a copy of a USCIS Form, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

USCIS to Reissue Advance Parole Documents

WASHINGTON - U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.

All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.

If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Tuesday, January 26, 2010

USCIS Update: USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status

WASHINGTON—U.S. Citizenship and Immigration Services has announced that eligible Haitian nationals in the United States may file for Temporary Protected Status (TPS). Details and procedures for applying for TPS are available in the Federal Register notice published on January 21, 2010.

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance.

A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.

Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti

Introduction

On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.

Questions and Answers

Q. I am in the process of adopting a child from Haiti, what can I do to bring the child to the United States?
A. Department of Homeland Security (DHS) Secretary Janet Napolitano has authorized the use of humanitarian parole for the following categories of orphans in Haiti:

Category 1 Cases

Description: Children being adopted by U.S. citizens prior to Jan. 12, 2010, who have been legally confirmed as orphans available for inter-country adoption by the Government of Haiti (GOH) through an adoption decree or custody grant to suitable U.S. citizen adoptive parents.

Required Criteria:

  • Evidence of availability for adoption MUST include at least one of the following:
    • Full and final Haitian adoption decree; or
    • GOH custody grant to prospective adoptive parents for emigration and adoption; or
    • Secondary evidence in place of the above.
  • Evidence of suitability MUST include one of the following:
    • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
    • Current FBI fingerprints and security background check; or
    • Physical custody in Haiti plus a security background check.

Please note, some of the children in this category will receive immigrant visas and others will receive humanitarian parole, depending on the completeness of the cases. Those who enter with immigrant visas will enter as aliens lawfully admitted for permanent residence. Those who enter with humanitarian parole will need to have their immigration status finalized after arrival through an application for adjustment of status.

Category 2 Cases

Description: Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria:

  • Significant evidence of a relationship between the prospective adoptive parents and the child; AND of the parents' intention to complete the adoption, which could include the following:
    • Proof of travel by the prospective adoptive parents to Haiti to visit the child;
    • Photos of the child and prospective adoptive parents together;
    • An Adoption Service Provider (ASP) "Acceptance of Referral" letter signed by the prospective adoptive parents;
    • Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010, with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition, and/or Form I-600, Petition to Classify an Orphan as an Immediate Relative, completed a home study, located an ASP to work with in Haiti, etc.).
  • Evidence of the child's availability for adoption, which would include the following:
    • IBESR (Haitian Adoption Authority) approval;
    • Documentation of legal relinquishment or award of custody to the Haitian orphanage;
    • Secondary evidence in place of the above.
  • Evidence of suitability MUST include one of the following:
    • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
    • Current FBI fingerprints and security background check.

If the child you have adopted or are adopting meets these criteria, please send U.S. Citizenship and Immigration Services (USCIS) detailed information about the adoption case atHaitianAdoptions@dhs.gov. This e-mail address is dedicated to collecting information about adoption cases still pending in Haiti. Please include the name of the prospective adoptive parent in the subject line of the e-mail. Once we have your information, we will contact you with further information.

Q. If parole is authorized, how will my child get out of Haiti?
A. The Consular Section and USCIS Office is coordinating the arrival of children at the Embassy so that they are able to arrive safely. We urge families not to make individidual arrangements and to assist us in coordinating with the ophanages on the ground. Orphanage directors should wait to receive instructions either from the Embassy or USCIS Headquarters in Washington before taking their group of children to the Embassy for processing. Individuals or groups that appear at the Embassy without prior coordination may be turned away.

Q. If humanitarian parole is authorized, may I travel to pick up a specific child?
A. The Department of State (DOS) Travel Warning, urges U.S. citizens to avoid travel to Haiti. Communications and transportation in Haiti is extremely limited and nearly all available resources are dedicated to the immediate search and rescue of Haitians. Updates to the DOS travel warnings for Haiti are available online athttp://www.travel.state.gov/travel/cis_pa_tw/tw/tw_4632.html.

Once a child receives a visa or is authorized for humanitarian parole, we encourage you to work with your U.S. adoption agency and the orphanage staff in Haiti to identify an escort to bring the child to the United States.

Q. Many documents were destroyed in the earthquake. What kind of secondary evidence can be submitted in the place of primary documents?
A. Secondary evidence may include, but is not limited to, copies of records or correspondence referring to the existence of the destroyed or missing document, as maintained by an Adoption Service Provider or the prospective adoptive family, as well as affidavits of individuals with knowledge of the document or event.

Q. I am a prospective adoptive parent in the process of adopting a child in Haiti, but the adoption was not finalized prior to the earthquake. If DHS authorizes humanitarian parole for a child who was not legally adopted in Haiti, how will I obtain the legal authority to take the child into my home?
A: If you received an order from the Government of Haiti granting custody of the child to you, then the child may be paroled into your custody upon verification of the order, your identity and that of the child after the child's arrival in the United States.

If you have not received a formal order granting you custody from the Government of Haiti, then the child may be placed in your care but some additional procedures must be followed. These procedures are intended to protect children and ensure that those without final adoptions are placed with families that are able to care for them. These additional procedures may take a little time, but they are critical for keeping children safe. Children who cannot be placed with prospective adoptive parents will be well cared for. ORR has contracts with organizations around the country to care for unaccompanied children who are not U.S. citizens.

Whether you become a sponsor or not, you will need to adopt the child under the adoption laws of your place of residence in order for the child to acquire permanent residence in the United States.

Q. How do I request Humanitarian Parole for the child I am in the process of adopting?
A. If you want to request humanitarian parole for a specific child you are in the process of adopting from Haiti, please send the request to HaitianAdoptions@dhs.gov. Please include the name of the prospective adoptive parent in the subject line of the e-mail. You do not need to file Form I-131 or submit a fee for these cases.

Q. I am a prospective adoptive parent in the process of adopting a child from Haiti. What should I do if my Fingerprint Clearance has expired?
A. USCIS will review each prospective adoptive parent's request for humanitarian parole on a case-by-case basis. If we determine that your fingerprint clearance(s) has expired, you do not need to take any action. USCIS will electronically rerun your prints. (Please do not send a request for updated fingerprint to HaitianAdoptions@dhs.gov.) If you have not been fingerprinted by USCIS at any stage of your adoption process, please send an e-mail message to HaitianAdoptions@dhs.gov and we will arrange a fingerprint appointment for you. Please include "FP Request" in the subject line of the e-mail.

Q. Is there any other way I can help orphans in Haiti?
A. We understand that some Americans want to respond by offering to open their homes. We certainly appreciate this generous impulse, but note that it can be extremely difficult to determine whether children are truly orphans. Children may be temporarily separated from their parents or other family members, and their parents or other relatives may be looking for them. In the first instance, we believe it is most important to focus on re-uniting separated children with their relatives. Some individuals may wish to assist by contributing to a reputable relief or humanitarian organization working in that country. More information can be found at the following Web sites linked on the right:

  • Department of State
  • United States Agency for International Development (USAID)
  • International Committee of the Red Cross (ICRC)
  • Interaction