The Department of Homeland Security (DHS) has announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.

DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an additional six months from March 17, 2008 through September 17, 2008. This will allow sufficient time for eligible TPS beneficiaries to receive their new EAD without any lapse in employment. There are approximately 300 nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who are eligible for re-registration.

The extension of TPS for Somalia is effective March 17, 2008 and will remain in effect through September 17, 2009. Nationals of Somalia who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period beginning March 12, 2008 and remaining in effect until May 12, 2008. Somali TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day re-registration period. Please note that re-registration applications from Somali nationals will not be accepted by USCIS until the re-registration period opens on March 12, 2008. Details on where, when and how to file under each designation will soon be published in the Federal Register and additional information will be provided online at: http://www.uscis.gov/.

To re-register for TPS under this extension, a TPS beneficiary must submit Form I-821 (Application for Temporary Protected Status) without the application fee and Form I-765 (Application for Employment Authorization). If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. All applicants seeking an extension of employment authorization through September 17, 2009 must submit the required application filing fee with Form I-765. The biometric service fee must be submitted by all re-registrants age 14 and older, as well as re-registrants under age 14 who are requesting an EAD.

Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the re-registration application.

For assistance in preparing your Somali TPS extension, late registration, or related employment authorization application, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Drive, Suite D, Williamsburg, VA 23185; (757) 345-3467; www.swynfordlaw.com; amy@swynfordlaw.com.

U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document.  The instructions include changes, effective March 5, 2008, that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints & photographs) at a USCIS Application Support Center (ASC) for background and security checks and requirements for secure travel and entry documents containing biometric identifiers.  USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.

The new instructions for Form I-131 require that applicants (ages 14 through 79 years old) for re-entry permits and refugee travel documents provide biometrics before departing from the United States.   Applicants also are strongly encouraged to apply well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. 

Shortly after filing an I-131 form for a Refugee Travel Document or a Re-entry Permit, USCIS will mail the applicant a receipt and an ASC scheduling notice.  The I-131 includes instructions for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. 

The instructions also discuss the requirement for applicants who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee.   As in the past, the application fee for the I-131 form cannot be waived.

In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved.    A request for expedited processing should contain the applicant’s reasons for such processing.

For assistance in preparing your Application for a Refugee Travel Document or Re-entry Permit on the new I-131, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Drive, Suite D, Williamsburg, VA 23185; 757.345.3467; www.swynfordlaw.com; amy@swynfordlaw.com.

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On February 28, 2008, the Executive Office of Immigration Review (EOIR) announced that it has issued the "Immigration Court Practice Manual" which provides uniform procedures, recommendations, and requirements for persons who present cases before the immigration courts. The Manual will go into effect April 1, 2008, and local operating procedures for immigration courts will no longer be used.  For counsel or representation regarding removal procedures with the Executive Office of Immigration Review, contact Amy L. Becerra, Esq., Swynford Law Group, P.C., 1101 Professional Drive, Suite D, Williamsburg, VA 23185; (757) 345-3467; www.swynfordlaw.com; amy@swynfordlaw.com

A home inspection is a thorough and systematic evaluation of the condition of a residential property. It is a complete physical exam of the general integrity, functionality, and overall safety of a home and its various components. The purpose of this process is to ensure that home buyers know exactly what is being purchased, prior to completing the transaction.

In the course of a home inspection, the inspector will evaluate the foundation, framing, roofing, site drainage, attic, plumbing, heating, electrical system, fireplaces, chimneys, pavement, fences, stairs, decks, patios, doors, windows, walls, ceilings, floors, built-in appliances, and numerous other fixtures and components.

In all homes, even brand-new ones, some building defects will inevitably be discovered during the inspection. All pertinent findings will be detailed in a written report for the buyer's reference and review, and the inspector will make a complete verbal presentation of these conditions for those who attend the inspection.

This information enables a home buyer to make educated decisions about a home purchase: whether to complete the transaction, whether to ask the seller to make repairs, or whether to buy the property “as-is.” Buyers can also determine how much repair and renovation will be needed after taking possession, which problems are of major concern, which ones are minor, and what conditions compromise the safety of the premises.

A thorough inspection enables a home buyer to avoid costly surprises after the close of escrow. It is an indispensable component of a well-planned purchase. Provided by Exit Realty, Yvonne Mansini, Realtor, (757) 876-8565.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center. A USCIS Update was issued on December 3, 2007, encouraging petitioners to file with the Chicago Lockbox while the form was being revised. Now that the revision is complete, filing with the Chicago Lockbox is required.

—U.S. Citizenship and Immigration Services (USCIS) has revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center. A USCIS Update was issued on December 3, 2007, encouraging petitioners to file with the Chicago Lockbox while the form was being revised. Now that the revision is complete, filing with the Chicago Lockbox is required.

Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.

Two separate post office box addresses (see below) have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 must be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.

Petitioners who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-1029

Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:

USCIS

P.O. Box 804616

Chicago, IL 60680-1029

For assistance in preparing your Form I-130, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Dr., Williamsburg, VA 23185. (757) 345-3467. www.swynfordlaw.com

In its February 11, 2008, Newsweek's above-titled article, writer Moira Herbst suggests something most folks in the technological industries have known for years... that the most active users of the H-1B work visa program have been accused of underpaying or otherwise mistreating their foreign-born employees.  The H-1B program requires companies bringing employees to work in the U.S. to pay that job's prevailing wage so as not to depress the salaries of American workers in similar occupations.  Many companies, however, have been shown to actually underpay their foreign employees despite reporting a base salary sufficient to garner the Department of Labor's (DOL) approval when beginning the H-1B visa filing process. 

As who worked in a boutique law firm dedicated to grinding out H-1B visas to corporate employees in San Francisco during the technological boom, Herbst's initial observations in her article were no surprise, but rather par for the course, at least in California.  What is new, however, is that the latest trend in the H-1B visa program involves an increasing use by non-U.S. outsourcers.  Five of the top H-1B sponsoring companies (having between nearly 5000 and almost 3000 visas issued to them) are based in India!  This is an unfortunate trend both for American and foreign born workers as both lose wages and job opportunities.

There is proposed legislation to overhaul the H-1B program.  In the interim, the H-1B visa remains an elusive option for many companies wishing to hire foreign-born workers.  The available visa quota is met practically within hours each year with corporations and their law firms poised to flood the USCIS with applications the moment the filing date opens--and this for employees who may not even be able to begin work until a year and a half later!  This is after jumping through the DOL's certification hoops. 

For those companies/employers looking for other options to the H-1B that are less time-consuming and costly, one might try the L-1, E, TN, R, Q, J, M or B-1 visa categories.  Call the Swynford Law Group, PC, at 757.345.3467, or contact Amy L. Becerra, Esq. at amy@swynfordlaw.com to make an appointment to discuss your options.  www.swynfordlaw.com

A local College of William and Mary professor, Roy L. Pearson, in a recent interview by the Daily Press, noted that the region here in Virginia and Hampton Roads is in a better economic position than much of the rest of the nation because the mortgage crisis was not felt as strongly in the state, and real estate was not as "vastly overvalued" as it was elsewhere.  He also stated that with Hampton Roads' high employment rate in military and defense contracting, the local economy is not as service-based as elsewhere in the nation, such that the Hampton Roads area in particular is not as likely to be affected by an economic downturn.  With mortgage interest rates beginning to come down, the housing industry may be able to recover a bit through refinancing and new home purchases.  To find out what the current mortgage interest rates are in your area, go online and check your area. Yvonne Mansini, Licensed Real Estate Salesperson, Exit Realty Dierling & Associates, (757) 876-8565.

	Wednesday, June 27, 2007
Posted by: Amy L. Becerra Regardless of where one stands on the issue of Immigration and the Comprehensive Immigration Reform (CIR) reform bill before Congress, I am finding in my practice that many immigrants, whether legal or illegal, are often making a grave mistake by placing all their hope in proposed legislation.  This can have particularly bad consequences when one chooses not to apply for immigration benefits for which one is currently eligible (especially before July 30, 2007, when the USCIS will be raising its fees for applications/petitions across the board), because s/he believes that a "better" benefit will accrue to them by waiting for CIR to pass.  Some clients also believe that they are saving money by not applying for or renewing current benefits... money better invested in any new benefits provided by CIR.  My particular concern is for those individuals (especially from Honduras, Nicaragua and El Salvador) who would have no legal status in the U.S. outside of the TPS program.  Many of these currently registered TPS holders, who enjoy permission to work, are opting not to re-register or renew as they believe that CIR will confer some greater benefits to themselves and their families.  How do we reach these communities of immigrants in a timely manner (Honduran/Nicaraguan TPS reregistration period closing 7/30/2007) so as to inform them as to the potential consequences of such a choice? Helping clients with immigration solutions at: www.swyfordlaw.com.  Amy Becerra Error Frecuente Hecho por Inmigrantes:  He notado que mucha gente extranjera ha puesto demasiado fe en el reforme comprehensivo de imigracion (CIR) propuesto en el Congreso. Algunos clientes han decidido no pedir o no renovar beneficios de inmigracion para que son eligibles pensando que pueden guardar dinero o que van a recibir beneficios mejores bajo cualquier legislacion nueva de CIR.  Estoy preocupada especialmente para los inmigrantes ya registrados en la programa de TPS (Estado Protejido Temporal) de Honduras, Nicaragua y El Salvador, quienes tienen permiso de trabajar pero que no estan renovando TPS pensando que esperando al pasaje de CIR seria mejor.  Pero ?que les va a pasar si el Congreso o el Presidente de los EU no aprueba el CIR o si el CIR sea apropado pero no les da ningun beneficio?  Hay que comunicarnos con la comunidad hispana/latina para informar a esas personas que sea mejor renovar los beneficios de TPS (para los Hondurenos y Nicaraguenses, antes del 30 de julio 2007.... para los Salvadorenos la renovacion empezara en los fines del verano) que esperar algo mas costoso y aun no garantizado por el CIR.  Estoy ayudando a clientes con todo tipo de caso de inmigracion a: www.swynfordlaw.com.  Amy Becerra

	Tuesday , September 18, 2007
Posted by: Amy L. Becerra    On September 5, the U.S. Citizenship & Immigration Services (USCIS) announced an interim rule regarding the "U" visa, a nonimmigrant classification that provides temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity.     U nonimmigrant visas will be set aside for victims of criminal activity who: suffered substantial mental or physical abuse because of the activity; have information regarding the activity; and are willing to assist government officials in the investigation and/or prosecution of the crime. Additionally, the crime must have violated U.S. law or occurred in the United States (including its territories and possessions).     Individuals granted U nonimmigrant status may remain in the United States for up to four years, and may be accompanied by eligible family members (spouse, children, unmarried siblings under 18, and parents). Not only do eligible petitioners obtain legal status to remain in the country, but will also be provided referrals to nongovernmental organizations for assistance and additional resources, and automatic employment authorization. A total of 10,000 U-visas will be available each fiscal year; the cap does not apply, however, to eligible family members.     The interim final rule will be available for public comment at www.regulations.gov until 60 days after publication in the Federal Register. More information on the new classification, plus instructions on submitting comments, is available in an accompanying Fact Sheets.     For assistance in preparing an application for a U visa, please contact Amy L. Becerra, Esq. at (757) 345-3467; 1101 Professional Drive, Suite E, Williamsburg, VA 23185; or at www.swynfordlaw.com.  ________________________________ El 5 de septiembre, el Servicio de Inmigracion anuncio una regla provisional de la visa "U", una clasificacion no-inmigrante que provee beneficios temporales de inmigracion a ciertas victimas de crimenes quienes asisten a los oficiales del gobierno en investigar o enjuiciar la actividad penal. Visas "U" seran para victimas de crimen quienes han sufrido abuso mental o fisico grave por causa de la actividad ilegal; tienen informacion referenente a la actividad; y son dispuestas a asistir a los oficiales del gobierno en la investigacion y/o el procesamiento del crimen.  Adicionalmente, el crimen debe haber violado las leyes de los EEUU o ocurido en los EEUU (incluyendo a los territorios). Los individuales dados el estado noninmigrante de la visa "U" pueden quedarse en los EEUU hace 4 a~nos, y pueden ser acompa~nados por sus miembros de la familia eligibles (esposo/a, hijos, hermanos solteros menos de los 18 a~nos, y padres).  Tambien, personas con la visa "U" van a recibir informacion de organizaciones gubernales para asistencia y recursos adicionales, y un permiso de trabajo.  Hay un limite de 10,000 visas "U" dadas por a~no; este limite no incluye miembros de la familia eligibles. Puede ver a la regla provisional y hacer comentarios at www.regulations.gov hasta 60 dias despues de que la publiquen en el Registro Federal.  Hay mas informacion de las visas U en esa pagina de la red y tambien en www.uscis.gov. Para asistencia en preparar una peticion para la visa U, favor de contactar a la abogada Amy L. Becerra, (757) 345-3467; 1101 Professional Drive, Suite E, Williamsburg, VA 23185; o a www.swynfordlaw.com.