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Date: 7/21/00 11:45:42 PM Eastern Daylight Time
From: webmaster@murthy.com (Attorney Sheela Murthy)
Reply-to: webmaster@murthy.com
To: murthybulletin@topica.com
MURTHYBULLETIN
Attorney Murthy's Immigration Bulletin
LAW OFFICE OF SHEELA MURTHY, PC
Phone : 410-356-5440
Email : law@murthy.com
WebSite : <http://www.murthy.com>
VOL. VI, no. 29, July 2000, Week 3
Posted: July 21, 2000
-----------------
Attorney Murthy's Immigration Bulletin is a free e-newsletter covering all
aspects of U.S. immigration law. It contains the latest updates on work
visas, Green Cards and tracks changes in the law and procedure. Recommended
reading for all immigrants, HR managers, foreign employees, U.S. employers,
and students.
This Bulletin and past editions, as well as numerous other articles are
available at our website.
This Bulletin is not sent unsolicited. The information provided below is of
a general nature and may not apply to any particular set of facts or
circumstances. It **should not be construed as legal advice** and does not
constitute an engagement of the Law Office of Sheela Murthy. This Bulletin
does not intend to establish an attorney-client relationship. Please be
advised that if you have a case specific question / situation on an
immigration matter, you should consult with an attorney who concentrates in
the area of immigration law.
-----------------
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Keep in mind that the Immigration Bulletin may reach you from other sources
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webmaster@murthy.com if you have any problems.
MURTHYBULLETIN is an **Announcement Only** list. This means that subscribers
cannot post to the list.
-----------------
TOPICS in this Edition of the MURTHYBULLETIN:
1. H1B Cap Case Processing Update
2. H1B Bills Stalled in Congress
3. DOS Announces "DV-2001" Lottery Results
4. Derivative Naturalization when Parent(s) Naturalize
5. INS Service Center Processing Times
-----------------
1. H1B Cap Case Processing Update
According to the latest information from our sources, the Immigration and
Naturalization Service (INS) is now processing cap-subject H1B cases that
were received through March 17, 2000. This is only a slight advance over the
March 15, 2000 date indicated in a prior MURTHYBULLETIN. It therefore seems
that the INS is getting close to completing this year's H1B cases subject to
the annual H1B cap.
Currently, cases filed under next year's quota (requesting a start date of
October 1, 2000 or later) are being held until the current fiscal year's
cases are completed. The INS has not yet announced when they will begin
processing the October 1, 2000 cases.
Watch for further H1B updates from The Law Office of Sheela Murthy, P.C.
© Copyright Law Office of Sheela Murthy
-----------------
2. H1B Bills Stalled in Congress
Some important immigration law bills have been stalled in the U.S. Congress.
We urge our company clients and those in management positions to consider
getting involved in advocating for the passage of such legislation, which
will enable their companies to obtain and retain much-needed, high-tech or
other professional workers, and which will help families to stay together.
Many prior MURTHYBULLETIN articles have reported on the vitally important
H1B legislation: S. 2045 in the Senate (Abraham bill), and H.R. 3983 in the
House of Representatives (Dreier-Lofgren bill). Both bills would raise the
H1B cap, and also include helpful provisions for persons pursuing Green
Cards, such as: (a) extensions of H-1 beyond 6 years if the labor
certification or the Green Card petition is pending; and (b) relief from
per-country quotas. These issues are of special concern to persons from
China and India.
Readers should urge their employers and U.S. citizen friends to write to
their Senators and Representatives to urge passage of the above legislation.
It is also important for the foreign nationals themselves, who are directly
affected by these issues, to write to Congress as well. We at The Law Office
of Sheela Murthy, P.C. have been inspired by the actions of some informal
immigrant organizations, made up of individuals such as H1B workers, who
have taken the initiative to write to and visit with Members of Congress to
share their personal stories.
There are only a few weeks left in the Congressional session, so act now!
Other issues of importance, besides the H1B bills, include: restoration of
section 245(i) (penalty fee provision for out-of-status persons to file the
final stage of their Green Card process from within the U.S.), updating the
registry date, and reforming some of the harsh provisions of the 1996
immigration laws. Articles on all these topics have appeared in past issues
of the MURTHYBULLETIN.
The American Immigration Lawyers Association (AILA) has provided sample
letters that can be used to express support for action on all the above
issues. We reproduce them below to be widely used as samples by companies or
organizations and individuals.
SAMPLE LETTER TO REPRESENTATIVE
The Honorable (full name)
__(Rm.#)__(name of) House Office Building
United States House of Representatives
Washington, DC 20515
I am writing to urge you to support efforts that would help ensure our
nation’s continued economic growth and correct past government mistakes and
misdeeds. I urge you to support the following efforts:
- Allow companies to use temporary foreign professional workers. The current
H1B cap is a cap on America’s economic growth. Chairperson Greenspan and
other independent economists support raising the cap. I URGE YOU TO SUPPORT
HR 3983.
- Correct the injustice of the 1980s. Although, nearly 15 years ago,
Congress enacted a legalization program, the INS erroneously refused to
allow some qualified immigrants to adjust their status under that program.
Furthermore, in 1996, Congress stripped federal courts of the ability to
hear those immigrants’ cases. H.R. 4172 would solve the problems created by
these circumstances. I URGE YOU TO SUPPORT H.R. 4172.
- Treat immigrants of similar circumstances similarly. Refugees from certain
Central American and Caribbean countries now are eligible to become
permanent residents. However, current law helped some, but not others, in
similar circumstances. Congress needs to act again and pass the Central
American and Haitian Adjustment Act to ensure that refugees from El
Salvador, Guatemala, Honduras, and Haiti have the same opportunity. I URGE
YOU TO SUPPORT H.R. 2772.
- Allow for eligible people to adjust their status in the U.S., instead of
having to travel abroad and be subject to certain restrictions. A provision
of immigration law, Section 245(i), allowed people living here to pay a
$1,000 fee and adjust their status. Allowing such adjustments with the
$1,000 fee provides millions of dollars in additional funding (about $200
million in a recent fiscal year) to help reduce INS backlogs, at no cost to
taxpayers. Since the sunset of Section 245(i) in 1998, INS backlogs have
skyrocketed, families have been separated, businesses have lost valuable
employees, and eligible people must leave the country (often for years) in
order to adjust. PLEASE SUPPORT RESTORING SECTION 245(i) in the CSJ
APPROPRIATIONS BILLS, AND SUPPORT H.R. 1841.
These bills would “keep America working,” ensure our continued economic
growth, and correct past government mistakes. I urge your strong support for
these measures.
Sincerely,
SAMPLE LETTER TO SENATOR
The Honorable (full name)
__(Rm.#)__(name of) Senate Office Building
United States Senate
Washington, DC 20510
I am writing to urge you to support efforts that would help ensure our
nation’s continued economic growth and correct past government mistakes and
misdeeds. I urge you to support the following efforts.
- Allow companies to use temporary foreign professional workers. The current
H1B cap is a cap on America’s economic growth. Chairperson Greenspan and
other independent economists support raising the cap. I URGE YOU TO SUPPORT
S. 2045.
- Correct the injustice of the 1980s. Although, nearly 15 years ago,
Congress enacted a legalization program, the INS erroneously refused to
allow some qualified immigrants to adjust their status under that program.
Furthermore, in 1996, Congress stripped federal courts of the ability to
hear those immigrants’ cases. S. 2407 would solve the problems created by
these circumstances. I URGE YOU TO SUPPORT S. 2407.
- Treat immigrants of similar circumstances similarly. Refugees from certain
Central American and Caribbean countries now are eligible to become
permanent residents. However, current law helped some, but not others, in
similar circumstances. Congress needs to act again and pass the Central
American and Haitian Adjustment Act to ensure that refugees from El
Salvador, Guatemala, Honduras, and Haiti have the same opportunity. I URGE
YOU TO SUPPORT S. 1592.
- Allow for eligible people to adjust their status in the U.S., instead
having to travel abroad and be subject to certain restrictions. A provision
of immigration law, Section 245(i), allowed people living here to pay a
$1,000 fee and adjust their status. Allowing such adjustments with the
$1,000 fee provides millions of dollars in additional funding (about $200
million in a recent fiscal year) to help reduce INS backlogs, at no cost to
taxpayers. Since the sunset of Section 245(i) in 1998, INS backlogs have
skyrocketed, families have been separated, businesses have lost valuable
employees, and eligible people must leave the country (often for years) in
order to adjust. PLEASE SUPPORT RESTORING SECTION 245(i) IN THE CSJ
APPROPRIATIONS BILL.
These bills would “keep America working,” ensure our continued economic
growth, and correct past government mistakes. I urge your strong support on
these measures.
Sincerely,
© Copyright Law Office of Sheela Murthy (except for sample letters provided
courtesy of AILA)
-----------------
3. DOS Announces "DV-2001" Lottery Results
The U.S. Department of State (DOS) has released the results of the latest
round of Diversity Visa (DV) Lottery applications, the DV-2001 program.
Persons who have been selected for the DV-2001 program, should have been
notified by letter by now. Though about 90,000 applicants have been
registered, only 50,000 people will ultimately obtain their Green Cards
through the DV-2001 program. If you have been selected, you must therefore
act quickly and in accordance with the instructions in the letter.
By way of background about the DV program, no more than 7% of the total
number of visas can go to any one country. Countries with large numbers of
lottery winners this time include Nigeria, Ghana, Ukraine, Ethiopia,
Bangladesh, and Russia. Principal applicants (not dependent family members)
must show proof of either a high school education or the equivalent, or two
years of work experience within the past five years, in an occupation that
requires at least two years of experience or training. Complete results can
be found at :
<http://travel.state.gov/dv2001results.htm>.
The DV-2001 program ends on September 30, 2001; that is the end of fiscal
year 2001. Adjustments of status / issuance of immigrant visas under this
program must be completed by that time.
The next lottery application period, for the DV-2002 program, is from
October 2 to November 1, 2000. Complete instructions will be announced by
the U.S. Department of State on July 31, 2000. Please note that the mailing
addresses for the DV-2002 will be at the new Kentucky Consular Center. We
will post that information in the MURTHYBULLETIN.
© Copyright Law Office of Sheela Murthy
-----------------
4. Derivative Naturalization when Parent(s) Naturalize
The children of naturalized citizens comprise an important category of
people who may not have to apply separately to the Immigration and
Naturalization Service (INS) to become U.S. citizens. Rather, they usually
obtain their citizenship based upon the naturalization of their parent(s),
by a process known as "derivative naturalization."
As many of you are aware, most people applying for U.S. naturalization must
pass the English and Civics tests and background checks, and must also
demonstrate an ability to understand the oath of allegiance to the United
States. In contrast, derivative naturalization enables the child to
automatically become a naturalized citizen; the child is not required to
submit any application or take any test or oath.
Applicants for U.S. naturalization also must endure long waiting periods
from the time that they file their application until the date of their
interview. A child who is eligible for derivative naturalization, however,
can simply obtain a certificate in her or his own name proving that he or
she is a United States citizen. This certificate, which can be obtained by
filing form N-600 with the INS along with the appropriate evidence, is not a
prerequisite for obtaining naturalization, but serves as documentation that
naturalization has already been acquired. Alternatively, the child can
simply apply for a U.S. passport instead of obtaining a certificate of
citizenship. Either document is conclusive proof of his or her U.S. citizen
status.
The rules and statutes for derivative naturalization have changed many times
over the years. Each time, the changes applied only prospectively.
Consequently, there are now different rules for different people, depending
upon dates of birth. Of the various ways for a person to qualify for
derivative naturalization, the two most common situations are: (a) when a
child is the child of two foreign national parents or (b) a child of a U.S.
citizen and a foreign national (assuming that the child did not derive
citizenship at birth through the U.S. citizen parent). If both parents are
foreign nationals, the child derives citizenship when both parents
naturalize. An exception is where the parents are legally separated or
divorced, and the child becomes a citizen upon the naturalization of the
parent who has custody of the child. If one parent is a U.S. citizen and the
other is a foreign national, then the child obtains derivative citizenship
when the foreign national parent naturalizes.
The basic requirements for derivative naturalization are that the child is
under the age of 18 years at the time the parents naturalize; and that the
child enters the U.S. to reside permanently or as a lawful permanent
resident (LPR) while under the age of 18 years. So a child who is living
outside of the U.S., but whose parents have just naturalized, can become a
citizen of the U.S. upon entering as a LPR, as long as she or he is still
under the age of 18.
One important issue to remember is that, for foreign national parents of
mentally disabled children, derivative status may be the only way that the
child will be able to acquire U.S. naturalization. As mentioned above, an
applicant for naturalization must demonstrate an understanding of the nature
of the oath of allegiance to the U.S. Those persons with certain mental
disabilities or mental illnesses may not be able to meet this requirement.
Therefore, it is important to make sure the necessary procedures for
derivative naturalization are completed before the child turns 18.
Please note that there are also a variety of ways to derive citizenship
automatically at birth. This is a separate topic, but here is an example. If
one parent is a U.S. citizen, and the other is a foreign national, it may be
possible for the citizen parent to go to the U.S. consulate and file a
registration of the child's birth abroad. If various legal requirements
(relating mainly to the amount of time the U.S. citizen parent has lived in
the U.S.) are met, then the child is a U.S. citizen, regardless of the
citizenship status of the other parent.
© Copyright Law Office of Sheela Murthy
-----------------
5. INS Service Center Processing Times
You can always locate the most up-to-date processing times for the INS
Service Centers on our website :
California <http://www.murthy.com/pt_calif.html>
Nebraska <http://www.murthy.com/pt_neb.html>
Texas <http://www.murthy.com/pt_tex.html>
Vermont <http://www.murthy.com/pt_verm.html>
© Copyright Law Office of Sheela Murthy
-----------------
This Bulletin is not sent unsolicited. The information provided above is of
a general nature and may not apply to any particular set of facts or
circumstances. It **should not be construed as legal advice** and does not
constitute an engagement of the Law Office of Sheela Murthy.
-----------------
Copyright 2000, LAW OFFICE OF SHEELA MURTHY, PC
Attorney Murthy's Immigration Bulletin
LAW OFFICE OF SHEELA MURTHY, PC
10451 Mill Run Circle, Suite 100
Owings Mills, Baltimore County
Maryland, 21117. USA.
Phone : 410-356-5440
eMail : law@murthy.com <mailto:law@murthy.com>
WebSite : <http://www.murthy.com>
-----------------------------------------------
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