Month: October 2013

Categories
Global Pinoy

What to do when questioned by US immigration

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MANILA – The ordeal of 63-year-old Carina Yonzon Grande who was allegedly harassed by immigration officials at the Seattle International Airport and then deported made the headlines this week.

Immigration lawyer Lou Tancinco shared some information on what a traveler should do when faced with a similar situation.

Here’s the transcript of her interview on ANC’s The Bureau:

“First, we have to understand that at the port of entry, anyone entering with a visitor’s visa is not entitled to a legal representation.

If you are presented with that situation, you have to explain clearly what your intentions are, which, in the case of Grande here, she said that she was clear about attending the wedding.

And if that happens, and if there’s a threat she’s going to be sent back to the PH, what you can do is request if you can just withdraw your admission that is in lieu of an expedited removal.

After explaining what you’re intentions are and after being put in expedited removal, they will ask you to sign a written statement or declaration, under oath, the reason why you are being removed. And then you can also sign or not sign. You can deny the allegations there.

And, if eventually, despite your request for application for withdrawal, you’re still removed or deported, you can still seek redress, that’s when lawyers could come in and you can file a complaint with the Department of Homeland Security in regards to the way that you were interrogated at the port of entry.

Will this affect your future entries into the United States?

If you are put on an expedited removal, like what happened here with Grande, which is equivalent of deportation, you will be barred from entering the United States for 5 years, and it doesn’t stop there.

You can actually have that reconsidered. You can have someone investigate the unreasonableness of the interrogation at the port of entry and if you are successful in contesting the basis of removal probably that would be reversed and the ban will be lifted.

Source: http://www.abs-cbnnews.com/global-filipino/10/10/13/what-do-when-questioned-us-immigration

ANC The Bureau, October 10, 2013

Categories
Updates

Department of State Requires Use of Form DS-160 for K-1, K-2 Applications

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According to a new cable from the Department of State, one new
electronic form will replace multiple forms for the processing of K-1
and K-2 nonimmigrant visa applications. Effective immediately, Form
DS-160, the Nonimmigrant Visa Electronic Application, now replaces Form
DS-156, the Electronic Visa Application Form, Form DS-156K, the
Nonimmigrant Fiancé Visa Application, and Form DS-230, the Application
for Immigrant Visa and Alien Registration.

Applicants are guided to start using Form DS-160 immediately. The only
exceptions will in in cases in which the beneficiary has already been
scheduled for an interview or has been interviewed and additional
documentation is pending or cases received at posts prior to receipt of
this guidance.

Categories
Updates

Immigration Courts Affected by Federal Shutdown; Some Services Delayed

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The recent governmental shutdown has affected immigration courts as it
has other key federal provisions. The shutdown will put some urgent
matters on hold. According to a recent article in the Washington Post,
“petitions for political asylum and non-emergency deportation cases are
among the matters that could be delayed for months if the shutdown lasts
more than a few days.”

As of early this week, 16 immigration courts are closed and 42 are open;
23 of those manage cases of detained immigrants only. Some services
remain unencumbered, including services that are financed by customer
fees. Court hearings and other procedures for immigrants in federal
custody are to continue on schedule. Additionally, the Board of
Immigration Appeals will continue to hear requests for emergency relief
from deportation and appeals for detained immigrants, said the Justice
Department.

Categories
Updates

USCIS Publishes Updated H-2B Visa Numbers September 27, 2013

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On September 27, 2013, USCIS provided an update of the amount of
cap-subject H-2B visas received and approved by the federal agency for
the first and second halves of Fiscal Year 2013. According to USCIS, a
total of 28,213 beneficiaries have been approved for the second half of
Fiscal Year 2013, with an additional 610 petitions pending. A total of
5,396 beneficiaries have been approved for the first half of Fiscal Year
2014 with an additional 1,505 petitions pending.

Congressionally-based legislation limits the amount of H-2B visas
provided per fiscal year to a total of 66,000, with 33,000 allocated for
employment for the first half of the fiscal year and 33,000 allocated
for employment for the second half of the fiscal year. Unused numbers
from the first half of the fiscal year are made available for use by
employers seeking H-2B workers during the second half of the year.