Immigration Lawyer Blog

Britain could be the first country in the European Union that will introduce passports which do not contain details of the holder’s sex. The move has been proposed because some people have not yet decided whether they are male or female. This is a cause for worry for them at the airports’ border control.

The Liberal Democrats party that has lost its supporters is seems to have invented a method to leave its trace in the country’s history. The coalition government decided to introduce amendments to the passports of Britons on the initiative of the Liberal Democrats.

The citizens of Britain are issued dark red passports, which are like the Russian ones in colour, to travel abroad. Like in passports of all European states, it also has notification of the holder’s sex. Politicians insist on abolishing this information. The column “sex” will remain but instead of M for male and F for female there will be simply a cross. The Liberal Democrats believe this move will defend the rights of people who are undergoing a sex change operation or who have both male and female sexual organs. These people have to inscribe all these intimate details to border guards, who sometimes cannot grasp how this is possible when a woman is standing before them and hands over her passport with a photograph of a male. Although the number of such people is not so high, the Liberal Democrats suggest introducing a gender-free passport for all citizens unexceptionally.

Some officials of the Home Office oppose the move saying that the British border guards, who are working under constant tension owing to terrorist threats in the country, will have to do additional work with the identification of the personality. However, the supporters of the new move insist that details of the passport holder’s sex are not important at all. They point to the identity card issued to all British servicemen, which contains all details of its holder but no information about the holder’s gender.

According to the Home Office officials, no final decision has been taken yet about the amendments to the passport.

In fact, they will have an opportunity to study how this innovation has materialized in the former British colony, Australia. The holder of an Australian passport can write x – unidentified gender on the column of sex or ordinary identification male or female. This is a responsibility of a citizen and his physician because surgery to change the sex is unnecessary to make amendments to passport details. According to the clergy, the innovation not only defies Divine law but also commonsense.

U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.

On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.

“Providing immigration protection to victims of crime and their families while aiding law enforcement efforts to bring criminals to justice is of the utmost importance to the Agency and the public we serve,” said USCIS Director Alejandro Mayorkas.

Due in large part to public education and partnerships forged with law enforcement agencies and service providers, USCIS reached the statutory maximum of 10,000 U-visas per fiscal year for the second year in a row since it began approving petitions for them in 2008. It is a significant milestone for the program created by Congress to strengthen law enforcement’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while at the same time offering protection to victims of such crimes. More than 45,000 victims and their immediate family members have received U-visas since the implementation of this program.

As part of this effort, USCIS adjudications officers have traveled to 30 cities, including Boston, Philadelphia, Seattle and Los Angeles to train federal, state and local law enforcement and immigrant-serving organizations on immigration protections available to immigrants who are victims of human trafficking, domestic violence and other crimes.

USCIS will continue to accept and adjudicate new U-visa petitions, and will resume issuing U-visas on Oct. 1, 2011, the first day of fiscal year 2012.

In recognition of Constitution Day and Citizenship Day on Sept. 17, U.S. Citizenship and Immigration Services (USCIS) will welcome more than 27,000 new American citizens during 285 naturalization ceremonies held across the country and around the world during the week of Sept. 15. As part of this celebration, USCIS is again partnering with the National Park Service (NPS) to hold naturalization ceremonies at 14 national park sites across the country.

“Each year on Constitution Day and Citizenship Day, we commemorate the signing of the U.S. Constitution and what it means to be a citizen of this great nation,” said USCIS Director Alejandro Mayorkas. “We continue to be enriched by our diversity and united by our shared respect for the foundational rights and responsibilities enshrined in the Constitution.”
To introduce our newest citizens to the natural wonders and treasured historic sites across our great country, USCIS and NPS have partnered again this year to hold naturalization ceremonies at NPS sites across the country.

The capstone ceremony will take place on Sept. 23 at the Washington Monument in Washington, D.C. In addition, this year’s celebration includes a ceremony at Federal Hall in New York City, where George Washington took his oath of office as the first President of the United States, and at Yosemite National Park in California, one of America’s first wilderness parks. Other national park ceremonies will include Fort Vancouver National Historic Site in Washington state, the Roger Williams National Memorial in Providence, R.I., and Point Reyes National Seashore in California.

“I can’t think of places more appropriate to welcome our newest citizens than national parks,” said NPS Director Jonathan Jarvis. “National parks preserve significant natural resources and cultural heritage sites, and are places where one can learn about and reflect on the American identity and the responsibilities of citizenship.”
USCIS will also host ceremonies at Golden Hall in San Diego, the National Archives in Atlanta and Boston, and the Campbell Heritage Theater in California, in addition to a military naturalization ceremony on the USS North Carolina in Wilmington, N.C.

The Immigration Minister Damian Green has reaffirmed the importance of tackling abuse of the family migration route, and promoting better community integration for those who come to live permanently in the UK.

In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals which are currently being consulted on, will prevent the family route being used to bypass our immigration laws, while welcoming those who want to make a life here with their family and contribute to their local community.

Reports on family migration to the UK show:
two-thirds of a sample of those granted a marriage visa in 2009 had never visited the UK before deciding to move here permanently; the proportion of people entering on family visas who settle here permanently varies hugely by nationality – of the family migrants granted a visa in 2004, 8 out of 10 from Bangladesh and Pakistan had settled here permanently within 5 years, compared with just 10 per cent of Australians; 20 per cent of a sample of sponsors of marriage visa applicants were either unemployed or had an income below the national minimum wage; 37 per cent of sponsors from the sample were living with family members or friends; and in 2009-10, the Department for Work and Pensions spent £2.6 million on telephone interpreting services and nearly £400,000 on document translation. Immigration Minister Damian Green said:
‘These are sensitive issues which have been ignored for far too long but ones we are determined to tackle.

‘We want a system that lets everyone know where they stand and what their responsibilities are. If your marriage is not genuine, if you have no interest in this country and its way of life, if you are coming here to live off benefits, don’t come in the first place.

‘That is why our focus is on delivering better family migration – better for migrants, for communities and for the UK as a whole.’
Plans to reform family migration are outlined in an ongoing consultation which includes proposals to:
– define more clearly what constitutes a genuine marriage for the purposes of the immigration rules to help identify sham and forced marriages;
– introduce a minimum income threshold for those sponsoring family migrants to ensure they are supported at a level that helps integration;
– extend the probationary period before spouses and partners can apply for settlement in the UK from 2 years to 5 years to test the genuineness of relationships and to encourage integration into British life before settlement is granted; and
– require spouses, partners and adult dependants aged under 65 applying for settlement to be able to demonstrate that they can understand everyday English.

In 2010, family migration accounted for around 18 per cent of all non-EU immigration to the UK. In 2010, 48,900 visas were granted to spouses, partners and dependants of British citizens and those with permanent residence in the UK.

Early findings from the consultation launched in July 2011 show broad public support for many of the changes the government has proposed. The great majority back the proposed requirement that spouses and partners must have to understand everyday English before being allowed to settle here permanently.

U.S. Citizenship and Immigration Services (USCIS) reminds eligible widow(er)s that October 28, 2011 is the deadline for filing a Form I-360 visa petition.

If you are the widow(er) of a U.S. citizen who died before October 28, 2009 you may be eligible to immigrate to the United States if:
– You and your deceased spouse were married for less than 2 years when your spouse died and
– You file Form I-360 for Special immigrant classification as a widow/widower by October 28, 2011. See section 568(c) of Public Law 111-83 for more information.

USCIS must receive your Form I-360 by October 28, 2011. Since you must file Form I-360 by mail or overnight courier, please be sure to ship it in time for USCIS to receive it no later than October 28, 2011.

The procedure for obtaining Schengen visas to Poland has been greatly facilitated for Ukrainian citizens recently, according to the newspaper Delo.

A letter from work with information about pay and holidays, a bank certificate and a copy of the work record card have been excluded from the list of documents required for obtaining visas. This applies to both reusable business (just the original letter of invitation is enough) and travel (only a partially paid hotel reservation is enough) visas. Now it is necessary to submit only a passport, application form, photo, insurance and paid hotel reservation (or a letter of invitation).

Citizenship, Immigration and Multiculturalism Minister Jason Kenney today called on the Canadian Society of Immigration Consultants (CSIC) to do its utmost to ensure a smooth transition to the Immigration Consultants of Canada Regulatory Council (ICCRC), the new regulator of immigration consultants.

“The ICCRC is the designated regulator of immigration consultants under the Immigration and Refugee Protection Act (IRPA) and it is crucial that all parties involved make sure that there is no confusion about who now regulates immigration consultants,” said Minister Kenney.

On June 30, 2011, after a public consultation process, the ICCRC was designated, by regulation, as the new regulator of immigration consultants, replacing CSIC. These regulations also state that all CSIC members who were members in good standing on June 30 are now deemed to be members of the new governing body, the ICCRC, until October 28, 2011. During this 120-day transition period, these CSIC members are not required to pay fees to the ICCRC, which will provide them with ample time to register with the new regulator.

CSIC has filed an application before the Federal Court for a judicial review of the decision to designate the ICCRC as the regulator of immigration consultants and this hearing will be held in October. In the meantime, Minister Kenney urges CSIC to in no way hinder the ICCRC’s work.

Under IRPA, membership in CSIC is no longer required for individuals wishing to practise as immigration consultants under federal jurisdiction. The ICCRC, as the new governing body, is able to determine whether an individual, other than someone who was a member in good standing of CSIC as of June 30, 2011, may become a member of the ICCRC. If CSIC members are uncertain of their status, Citizenship and Immigration Canada (CIC) encourages them to contact the ICCRC.

Minister Kenney also took the opportunity to remind CSIC that it would be in the public interest for this organization to act in good faith and transfer all relevant documents to the ICCRC, including all previous, outstanding and ongoing complaints and discipline matters related to their membership.

USCIS is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via e-mail in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process. The Form I-924 is the Application for Regional Center Under the Immigrant Investor Pilot Program. Information on how direct e-mail communication will work can be found in our Questions and Answers document.

USCIS intends to monitor the progress of this new line of communication to assess whether changes are needed and to implement any required changes on a real-time basis. If you have feedback in response to your use of the direct line of communication for the Form I-924, please submit your comments to opefeedback@uscis.dhs.gov.

USCIS is eager to implement all of the proposed enhancements to the EB-5 program that it first announced on May 19, 2011. USCIS is currently exploring how it can accelerate the implementation of premium processing, which customarily takes months due to the need to revise the applicable forms. USCIS is currently hiring economists and other experts that will enhance and accelerate the adjudication process and also help constitute the Decision Board that was first described on May 19.

Implementation of enhancements to the EB-5 program is a high priority for USCIS. Director Alejandro Mayorkas will provide more information about the status of the proposed enhancements and other action items for this program in his first Conversation with the Director this Wednesday, September 14, and in the national stakeholder engagement on Thursday, September 15.