IMMIGRATION NEWS

The USCIS to increase immigration filing fees by an average of 86%

USCIS recently undertook a comprehensive fee review to revise its application and petition fees in order to ensure it recovers its full business costs. Increases include: Biometric fee by $10, to $80, Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290; Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455; Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is $905; and Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.

The proposed fees increase rule provides for a 60-day public comment period of the fees increase. After receipt and analysis of the comments, USCIS will draft a final rule reflecting the public’s input. It is important to note that a proposed rule DOES NOT AND CANNOT by itself, raise any immigration application fees. Publication is only the beginning of the regulatory process where an agency announces its intentions to change its current regulations, and solicits public comments on the effect of these changes. The actual fees increase could come later this year.

The House Committee on the Judiciary announces its membership for the newly named subcommittee on immigration, citizenship, refugees, Border Security and International Law

With the House Committee on the Judiciary recently announcing it’s members for the newly named Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, the immigration reform ball is expected to start rolling soon. The sixteen-member subcommittee will be Chaired by Re. Zoe Lofgren (D-CA), to include the following Reps: Steve King (R-IA), Elton Gallegly (R-CA), Howard Berman (D-CA), Artur Davis (D-AL), William Delahunt (D-MA), Keith Ellison (D-MN), Randy Forbes (R-VA), Louie Gohmert (R-TX), Bob Goodlatte (R-VA), Luis Gutierrez (D-IL), Sheila Jackson Lee (D-TX), Daniel Lungren (R-CA), Marin Meehan (D-MA), Linda Sanchez (D-CA), and Maxine Waters (D-CA).

IMMIGRATION QUESTIONS

Question: Hi, I live in Jamaica. My father who is a US citizen has filed for me and my priority date is March 2000. I am married and he has filed for me under the married person category. However, I have a stepson (who is 15 years old) who lives with us and my husband has sole custody. I would like to know whether I would be able to take him with us when we immigrate to the US. Is it a case where I would be able to add his name to the forms when they are sent to me for execution?

Answer: When applying under the Family 3rd category (married children of a US citizen), spouses and children under 21 can immigrate with you. Since you married your husband prior to the stepchild's 18th birthday, he will be able to immigrate with you and your husband as long as the visa number becomes available prior to his turning 21. Right now in the Family 3^rd Preference category, there are visas available for petitions filed in February 1999. So you have a year or so to go.

Question: I am currently under H1-B status, and have received a visa stamp at the embassy in my home country a year ago. I am going to change employers and the new company will file my H1-B transfer. My question is: Once the transfer of my visa is complete and I travel overseas, do I have to get a new stamp in my passport with my new company's name on it? My stamp will not expire for two more years.

Answer: No, you can use the same visa stamp to reenter as long as you have documentation of your approval for the new position and proof of your employment (recent paystubs, etc.). Check with your immigration lawyer before you leave to make sure you take the correct paperwork.