Procedures for Iraqi Citizens Currently in the U.S.

Iraqis currently in the United States who are not able to return to Iraq because they have been persecuted or fear that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum with USCIS.  Information on the process of applying for asylum in the U.S. can be found on in the Asylum section of our website, in the Related Links section of this page.

Procedures for Iraqi Citizens Living Outside of Iraq

Refugees and asylum seekers should seek to comply with all legal requirements of the country in which they are located, including registration with host governments if required.   In addition, all Iraqi asylum seekers located in third countries should register with the nearest UNHCR office. 

UNHCR has the international mandate to provide protection and assistance to refugees and may be able to provide a protection document and possibly other assistance if needed. For a small number of extremely vulnerable individuals, this could include referral to the USRAP or another country's resettlement program.   UNHCR will identify individuals for resettlement referral based on an assessment of their vulnerability at the time of registration.

In Jordan and Egypt, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs and their family members.  Any Iraqi who has fled to Jordan or Egypt because of his/her association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.   IOM can be reached in Jordan at AmmanInfoCenter@iom.int and Egypt at CairoInfoCenter@iom.int.  

Procedures for Iraqi Citizens Currently in Iraq

In Iraq, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs, and their family members.  Any Iraqi who believes he/she is at risk or has experienced serious harm as a result of association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.  IOM can be reached in Iraq at BaghdadInfoCenter@iom.int.

Source: Fact Sheet: Iraqi Refugee Processing (06/23/08); See USCIS Website

WASHINGTON – U. S. Citizenship and Immigration Services (USCIS) today announced it will permanently close its field office in Hong Kong on August 29, 2008.  To prepare, the Hong Kong Field Office will stop accepting the following applications and transfer responsibility after specific dates listed at CLICK HERE.

Source: USCIS Update (06/18/08)

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years. The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.

Source: USCIS Press Release; See also Fact Sheet (06/12/08)

Effective with the July 2008 Visa Bulletin, the EB-3 category will become unavailable until October 1, 2008. AILA has confirmed with USCIS SCOPS that adjustment of status applications will continue to be accepted and receipted through the end of June.  Source: "AILA InfoNet Doc. No. 08061262 (posted Jun. 12, 2008)"

If your priority date is current as of the June 2008 Visa Bulletin, please contact our office today if you have an adjustment of status application to file so that we can file it before July 1, 2008.

USCIS Service Center Operations has provided the following information to AILA liaison regarding processing cases under the FY2009 H-1B cap:

1. Except for cases that were being reviewed as potential duplicate filings, all receipts have been issued for those cases selected in the random lottery. The CSC and VSC completed data entry on all selected cases on May 23, 2008, and mailing of all receipts was completed on May 24, 2008.

2. Cases that were thought to be duplicate filings are being hand reviewed to determine if they are true duplicates. USCIS has received approximately 500 petitions that are believed to be duplicates. However, some of these were submitted as "protective filings" due to courier delivery confirmation problems or where the petition was sent to an incorrect Service Center. Each will be reviewed and determined on a case-by-case basis. If the second submission was accompanied by an explanation of the reason for the second submission, there is a good chance of acceptance.

3. USCIS has determined that the number of petitions selected during the random selection process will be sufficient to meet the cap limit. Therefore, the use of the reserve/cushion will not be necessary this year. USCIS has begun to mail out rejections this week. 

Source: "AILA InfoNet Doc. No. 08061261 (posted Jun. 12, 2008)"

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status. 

Premium Processing Service offers 15 calendar-day processing for designated employment-based petitions and applications upon request.    There is a nonrefundable fee of $1000 for this service.  During the 15-day period, USCIS will issue either an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.  USCIS previously designated certain classifications under Form I-140 for Premium Processing Service in the May 23, 2006 issue of the Federal Register.  See 71 FR 29662.

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

·                 Whose sixth year will end within 60 days; 

·                  Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and 

·                  Who are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available.   Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Source: USCIS Press Update 6/11/2008 / See also USCIS Fact Sheet 6/11/2008

The Department of State released the July 2008 Visa Bulletin and ALL EB-3: Skilled Worker Categories are UNAVAILABLE!   There is no other change in the priority dates for any other employment based preference categories.  The family based categories also does not see a significant change except that the 2A-Spouses and Unmarried Children (under 21) of Permanent Residents for Mexican Nationals is also UNAVAILABLE.   

Employment Based Visa Bulletin

Family Based Visa Bulletin

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it will revise language in transfer notices received by petitioners who filed a Petition to Remove Conditions on Residence. The current notice includes language that may cause petitioners to believe their cases have been approved.

USCIS announced last month that it is revising filing instructions for Form I-751 to require filing at the California or Vermont Service Centers. Until the form instructions are revised, any petitions filed with the Nebraska and Texas Service Centers will be transferred to California and Vermont, respectively. When USCIS enters data at one service center and later transfers the case to another, a Transfer Notice is sent to the petitioner advising him or her that the case has been transferred for adjudication and that they will be notified of the final decision.

The current transfer notice currently contains the following phrase: “CRI89 approved removal of conditions (I89).” That statement means that the biometric portion of the case has been successfully transferred; it does not, however, mean that the petition itself was approved.

While USCIS is in the process of changing the language in the transfer notice, a substantial number of notices have already been mailed containing the potentially confusing statement. Any petitioner who may have received such a notice should be aware of the following:

• At the time the I-751 was transferred, USCIS had not yet adjudicated (approved or denied) the case;
• USCIS transferred the case to the Service Center listed on the notice for adjudication; and
• If the petitioner has not received additional information from the California or Vermont Service Centers,

USCIS has not yet adjudicated the case. Petitioners who have a specific question related to their I-751 petition should contact the National Customer Service Center at (800) 375-5283 for more information.

Click Here for complete USCIS Update (6/5/08)

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it has centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.

This internal administrative change will not change where applicants file their naturalization applications. Applicants will continue to file their naturalization applications (N-400), including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence (see list below). Applicants will also continue to report to a local field office for the interview and naturalization test.

USCIS will send applicants a notice when the Service Center transfers their application to the National Benefits Center for initial processing. USCIS will also inform the applicant how to contact the National Benefits Center and how to check their local USCIS field office processing times. USCIS will return to the sender any application mailed directly from the applicant to the National Benefits Center.

All military naturalization applicants filing under the provisions of Section 328 or 329, regardless of geographic location or jurisdiction, should continue to file at the following address:

Nebraska Service Center
P.O. Box 87426
Lincoln, NE 68501-7426

Click Here for Filing Chart of N400 (06/05/08).

Q: Why is expedited processing available for SSI beneficiaries?

A: U.S. Citizenship and Immigration Services (USCIS) recently entered into a settlement agreement in a national class action, Kaplan, et al. v. Chertoff, et al., CV 06-5304. The suit was brought by non-U.S. citizens who had lost or who were about to lose their eligibility for Supplemental Security Income (SSI) based on a statutory seven-year limit, and who were unable to become naturalized U.S. citizens before the loss of SSI benefits.  Under the settlement agreement USCIS will expedite I-485 (Application to Register Permanent Residence or Adjust Status) – commonly referred to as ‘green card’ applications – and N-400 (Application for Naturalization) of current or former Supplemental Security Income (SSI) beneficiaries if the application has been pending with USCIS for more than six months. 

Q: What is expedited processing under the Kaplan Settlement?

A:  Expedited processing includes USCIS requesting an accelerated FBI Name Check and prioritizing any USCIS internal actions, such as scheduling an interview. USCIS will work with the Social Security Administration (SSA) to identify people who have lost or who will lose their SSI benefits within the next year and who already have an I-485 or N-400 pending with USCIS.  USCIS will then expedite those cases even if the applicant has not yet requested expedited processing and if the application has not been pending for six months. Information on the Kaplan Settlement is available at www.uscis.gov/kaplan.   

Q: What if I am a non-citizen who has lost my SSI benefits and am waiting for my N-400 or I-485 to be processed?

A: If you are a non-citizen who has lost eligibility for SSI benefits based on a statutory seven-year limit, and you have filed an I-485 or N-400 with USCIS, you may request expedited processing of your pending application at any time, regardless of   when you lost SSI benefits.   USCIS is working with SSA to identify people who have lost or who will lose their SSI benefits within the next year and who already have an I-485   or N-400 pending with USCIS.  USCIS will then expedite those cases even if the applicant has not yet requested expedited processing and the application has not been pending for six months.

Click Here for complete Questions & Answers (6/5/08)

Click Here for complete Questions & Answers (6/5/08)

WASHINGTON – Zita Chouchan, the spouse of a member of the U.S. military recited the Oath of Allegiance and became the newest citizen of the United States yesterday at the U.S. Consulate in Frankfurt, Germany. This was the first overseas naturalization ceremony for a military spouse.

Jonathan Scharfen, Acting Director of U.S. Citizenship and Immigration Services (USCIS) presided over the ceremony, which also included 20 soldiers stationed throughout Germany and Kosovo.

"This week, as we observe Memorial Day, we take time to reflect upon the sacrifices our military and their families make to defend the freedoms America offers," said Scharfen. "Words cannot express our profound appreciation for the honorable service you provide. You make us proud to be Americans."

May is Military Spouse Appreciation Month, and in her letter to USCIS seeking the opportunity to conduct her naturalization process and ceremony overseas, Mrs. Chouchan said, “I'm very proud … not everyone has earned the right to be called a military spouse.”

In January, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 into law. This new law amended portions of the Immigration and Nationality Act to allow certain spouses of members of the military to naturalize overseas where they are stationed. Before January 2008, these spouses could only naturalize while physically within the United States.

The 21 new citizens were born in American Samoa, China, Cuba, Ecuador, El Salvador, Great Britain, Grenada, Haiti, Hungary, Israel, Jamaica, Liberia, Mexico, Nicaragua, Nigeria, the Philippines, Russia, and Togo.

Source:  USCIS Update – Frankfurt Marks Military Spouse Appreciation Month (05/30/08).  See Photo Gallery

The Global Entry program is a new pilot program managed by U.S. Customs and Border Protection, which allows pre-approved, low-risk travelers expedited clearance upon arrival into the United States.

U.S. citizens and U.S. Lawful Permanent Residents aged 14-years and older may apply to this program.

On May 12, 2008 Global Entry began accepting applications using the Global On-Line Enrollment System (GOES). ( Global Entry Program – Applications Are Available Now! ) A non-refundable $100.00 per person applicant processing fee is payable on-line at the time of application.

Beginning June 10, 2008, Global Entry will be available to approved members at Terminal 4 - John F. Kennedy International Airport, Washington-Dulles International Airport, and George Bush Intercontinental Airport. Prior to approval, applicants must be interviewed for eligibility at one of the enrollment centers that CBP has established at these airports.

Travelers must be pre-approved before they can participate in the pilot project. All applicants will undergo a rigorous background check and be interviewed by a CBP officer before they are enrolled. Automated enforcement checks will occur each time the member uses the kiosk to enter the United States. Although pre-approved for the program and determined to be low risk, members of Global Entry may be examined at any time when entering the United States.

Participants will enter the United States utilizing automated self-service kiosks. To report their arrival, participants will use their machine-readable U.S. passport or permanent residency card, submit their fingerprints for biometric verification, and make a CBP declaration at the kiosk’s touch-screen. Upon successful completion of the Global Entry process at the kiosk, the traveler will be issued a transaction receipt and directed to baggage claim and the exit, unless chosen for a selective or random secondary referral.

Global Entry participants are exempt from routine CBP questioning however, on a random basis or if selected

Source: Global Entry Fact Sheet (05/12/08); Global Entry Applications Now Available Online

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) moved the agency Lockbox to a new location in Chicago on May 28. While the Post Office Box address is the same, the move changes the address for deliveries by private couriers (non-USPS).

The new address for deliveries by private courier is:
USCIS:
Attn: Please check Form Instructions for the proper Attn: information
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

Express courier services have agreed to forward packages to the new site for 90 days (until Aug. 24, 2008). During this transition period, USCIS will accept and process without delay all cases otherwise properly filed.

Forms processed at the USCIS Chicago Lockbox include those associated with family-based adjustment of status, all Petitions for Alien Relative (Form I-130), and Temporary Protective Status.

Source: USCIS Update 5/30/2008

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised the Application for Temporary Protected Status (Form I-821). The agency is publishing a notice in today’s Federal Register  to inform the public that the new form becomes effective on June 27, 2008.

Form I-821 is an application used by nationals of a country currently designated for Temporary Protected Status (TPS). The form is used by individuals to apply for TPS for the first time, as well as by aliens applying to re-register for TPS. The new form (with an Oct. 17, 2007 revision date) includes additional questions that will enhance USCIS’ ability to determine an applicant’s eligibility for TPS that were not contained on earlier versions of the form. During the development of the revised form in 2007, the public was notified and given an opportunity to comment on the proposed changes.

USCIS will accept previous editions of the form through June 26, 2008. Beginning on June 27, the agency will only accept the revised form (with the Oct. 17, 2007 revision date), and will reject all requests using previous editions of the form.

Authority to designate a country for TPS lies with the Secretary of Homeland Security. TPS is a temporary immigration status granted to eligible nationals of designated countries who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization.

Source: USCIS Update 05/28/2008