Criminal Convictions, even for relatively minor infractions, can have far reaching consequences for the Non-U.S. Citizen.  An incident that for a U.S. citizen might result in a stern warning from the judge and the payment of a fine could result in inadmissibility, deportation or the inability to become a U.S. Citizen. For this reason, it is important to consult an immigration attorney regarding Non-U.S. Citizens who have been charged with crimes.

A recent decision by immigration officials underscores the importance that immigrants seeking permanent residence need to be fully aware of the terms and conditions of their visa category and take personal responsibility in maintaining lawful status and following rules.  

FBI Name Check Policy Revised For Adjustment of Status (AOS) Applications, How does this Affect You?
Submitted by the staff of Immigration Law Associates, P.C.

The USCIS Background Check Process
Every individual that applies for a U.S. immigration benefit must go through a criminal and national security background check to confirm eligibility. This background check process usually involves three stages. The first and fastest of these is The Interagency Border Inspection System (IBIS) name check. The IBIS is a database that stores the law enforcement information of multiple agencies and the information is usually immediately available.

Impact of DUI arrests on Visa Issuance

The Department of State (DOS) has recently issued a cable, “Guidance on Processing Visa Applicants with Drunken Driving Hits,” and revised the text of the applicable section of Foreign Affairs Manual accordingly.  Under this new directive, consular officers must refer immigrant and nonimmigrant visa applicants to panel physicians for medical examination if the applicant has a single DUI arrest within the last three calendar years, if the applicant has two or more DUI arrests or a conviction (s) in any time, or if there is any other evidence to suggest the applicant has an alcohol problem. As this new directive is not discretionary but mandatory, it is most likely that any alcohol-related arrest (i.e., disorderly conduct, assault or battery while intoxicated) at any time could trigger this new directive, and render visa applicants inadmissible.

Overseas Citizenship of India (OCI) Scheme

Applications for the OCI Scheme will be received at the Indian Embassy, Washington, DC and Consulates General of India, USA with effect from January 9, 2006. 

Highlights of the Scheme

The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly known as ‘Dual Citizenship’.

Forward Movement in Employment-based Priority Dates

H-1B Processing

In the aftermath of the speedy and complete exhaustion of   FY2008 H-1B numbers, USCIS has clarified some issues

Sixty-five thousand (65,000) H-1B visas become available April 1, 2007 for an employment  start date on or after October 1, 2007.  In recent years, the supply has run out within just a few months.   We remind employers and foreign nationals that they may strengthen their chances of timely approval by preparing their H-1B cases now.   In addition, as a service to our readers we present a short discussion of some recent USCIS policy changes, as they may affect an H-1B  individual’s present or planned immigration status. 

As of October 1, any individual in need of an Employment Authorization Document (EAD) -- interim or not – must send Form I-765 to the address indicated by the form’s instructions.     Local processing will no longer take place, and the form requesting it has already been discontinued.  Until October 1, offices that had been accepting applications locally may continue to do so, but will simply forward them to the appropriate service center rather than processing them.  Applicants are best advised to send their forms directly to the indicated center for fastest service.  After October 1, local offices will return any Form I-765 to the applicant, advising him or her to redirect the application.

As a result of this change, local USCIS offices will no longer produce interim Employment Authorization Cards.  Those whose EAD applications have been pending 90 days may still use InfoPass to schedule appointments at local offices to obtain an interim EAD, but processing will no longer be local. Rather, the local office will call the service center to inquire about the case; however, it will not issue the EAD.  (According to USCIS, their aim is to respond to any such phone call within 30 minutes.)  It is therefore especially important for applicants to allow adequate lead time and respond promptly to USCIS requests for documentation.  For example, failure to attend a biometrics appointment, or a delay submitting information requested by USCIS may

re-start the 90-day period.