Visa Waiver travelers will soon require advance pre-travel authorization 

The Dept of Homeland Security recently announced a final rule requiring nationals of Visa Waiver countries (countries whose nationals are not required to have U.S. Tourist Visas, like Spain and Italy) to obtain pre-travel authorization  on an online electronic system prior to departure beginning Aug. 1, 2008.

Under the new system, travelers must apply online no later than 72 hours prior to travel. The approved application will be valid for a period of two years or until the applicant’s passport expires, whichever comes first. Once the registration begins, Visa Waiver travelers will be required to apply online at:  https://esta.cbp.dhs.gov/

USCIS resumes 15-day premium processing for certain I-140 petitions

The USCIS announced that effective June 16, 2008, it will resume 15-day “Premium Processing” for I-140 Immigrant visa cases involving H-1B workers who are at the end of their sixth year and will expire within 60 days. Approval of the I-140 will allow these H-1B workers to extend their H-1B visas.

TN Visas will soon be issued for three years instead of one!
The USCIS will soon increase the vailidity period of TN visas from 1 year to 3 years. This will  apply to both new visas, as well as extensions. TN visas are for Canadian and Mexican workers with professional degrees who work in  professional positions in the U.S.

IMMIGRATION Q&A

Question:  I read your article last week about children that have turned 21 before their permanent residency visa is available, and how a change in the law may now make it possible of them to get their permanent residency anyway.  I have a situation, and I wanted to find out if my son may still be able to get his visa. In 1996 my U.S. citizen mom petitioned for me to get my green card.  At the time, my son was 19 years old, and was included in my petition.  By the time a visa was finally available, my son was 24 years old.  I was able to get my permanent residency, but because my son was over 21, we didn’t even send in an application for him to get his permanent residency.  Are you saying that now with the change in the law he can still get his permanent residency using that old petition?

Answer:  Yes, that is correct, according to new USCIS policies. The USCIS has recently changed the way that it applies the law and now makes it now possible for an individual  who has “aged out”—meaning they turned 21 after the I-130 petition was filed (by a family member or employer), but before a visa was available. Individuals can now apply for permanent residency as if they had never turned 21. 
For purposes of the permanent residency application, the USCIS will now consider the applicant to be the same age they were when the I-130 petition was first submitted.  This is the general rule, but it is important to remember that details of each individual case can affect the process significantly. In order to ensure eligibility, care should be taken to fully review qualifications before filing, as ineligible filings could result in lost filing fees.  

Question:  My father has been a U.S. Resident for 20 years and he’s applying for Citizenship. Unfortunately, he had a shoplifting charge in 1999 for theft which he paid a fine and only got probation.  The court also expunged and sealed his record. My question to you is whether my dad really has to list the shoplifting arrest, since his criminal record was expunged. If so, will this one charge affect his possibility for U.S. Citizenship?

Answer: Yes, he must list all criminal offenses on the N-400 application. However, most minor criminal issues which occur more than five years before applying for Naturalization will not prevent an applicant from obtaining U.S. Citizenship. However, due to Immigration “Good Moral Character” issues in Naturalization cases, any criminal issue in the past should be thoroughly reviewed by an immigration attorney who practices in criminal issues just to make absolutely certain that no serious issues will arise, before making the application.