The Department of State has released the January 2009 visa bulletin summarizing the availability of immigrant numbers during January 2009.

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US Immigration and Customs Enforcement ("ICE") agents arrested 15 undocumented immigrants on 10 December 2008 who were working as contract janitorial workers at the BP Whiting oil refinery. ICE states that the arrests are part of a continuing two-year critical infrastructure worksite enforcement investigation and that the investigation was initiated after ICE received information that undocumented immigrants were being contracted by an Illinois company to work at the BP refinery, and that they had access to secure areas of the plant. ICE states that it "identifies oil refineries as critical infrastructure, which are crucial to our nation's ability to function and are vulnerable to sabotage, attack or exploitation."

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U.S. Citizenship and Immigration Services announced on 8 December 2008 an interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become lawful permanent residents stating that "[t]he interim final rule implements the provisions of the Victims of Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in the Federal Register."

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of State published a proposed rule to amend Exchange Visitor Program (EVP) regulations to provide greater specificity regarding program administration, sponsor obligations and participant eligibility. Public comments will be accepted for 60 days.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

On 10 December 2008, the US Department of Justice (DOJ) published a final rule directing federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the US, subject to certain limitations and exceptions. (See 73 FR 74932)

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On 8 December 2008, the Department of State announced that the U.S. Embassy in Baghdad will shortly begin processing immigrant visas.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

On 8 December 2008, USCIS updated its webpage with the latest figures for the 2nd half, FY 2009, H-2B visa cap.

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On 4 December 2008, Immigration and Customs Enforcement announced that it had arrested of 16 undocumented workers at an Idaho wood framing company on administrative immigration violations.

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The US Defense Department announced on 05 December 2008 that it has authorized the military services to implement a pilot program that temporarily permits enlistment into military service certain legal aliens who have lived in the United States for at least two years and who hold skills that are critically needed in the military. This pilot program will address health care professionals holding needed medical specialties such as physicians and nurses, and people with skills in certain strategic foreign languages and cultures.

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In July 2008, Immigration and Customs Enforcement (ICE) executed nine federal search warrants and arrested 43 foreign nationals employed by The Farms, an agricultural conglomerate based in Waipahu, Hawaii. ICE has now announced that federal indictments have been filed against two managers of The Farms.

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A 02 December 2008 Department of Homeland Security notice announced that enhanced driver's licenses and identity documents (EDLS) issued by the State of New York are acceptable documents for US Citizens to represent identity and citizenship for purposes of entering the United States at land and sea ports.

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On 01 December 2008, President-elect Barack Obama and Vice President-elect Joe Biden officially announced key members of their national security team. Nominated were: Senator Hillary Clinton as Secretary of State, Eric Holder as Attorney General, Arizona Governor Janet Napolitano as Secretary of the Department of Homeland Security, and Susan Rice as Ambassador to the United Nations. General Jim Jones, USMC (Ret) was selected as National Security Adviser and Defense Secretary Robert Gates was selected to remain as Secretary of Defense.

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The US Department of State has launched Exchanges Connect, a social networking site to promote international exchanges. The site, found at connect.state.gov, includes blogs, photos and videos from users as well as information on various international exchange programs.

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The New York Times has published an article on Mr. Heathcliffe Bradley, a citizen of New Zealand who entered the United States on the Visa Waiver Program in 1996. Mr. Bradley did not depart the United States at the end of his authorized 90-day stay, but instead remained and eventually married a US Citizen in 2004. He then applied to adjust status from his administrative status to legal permanent resident based on his marriage. In June 2008, when Mr. Bradley attempted to postpone his permanent residency interview a second time due to work conflicts, USCIS denied the request for failure to show good cause. Immigration officers then arrested Mr. Bradley at his house on 08 October 2008, and placed him into removal proceedings.

Although Mr. Bradley has appealed the deportation order, the Department of Homeland Security argues that Mr. Bradley does not have the right to appeal as travelers on the visa waiver program sign a document waiving the right to appeal deportation, except in very certain circumstances. Mr. Bradley argues that he only "vaguely recalls" signing the waiver when he passed through passport control upon entry, but that he was not in any condition to waive his rights "knowingly and voluntarily" since he was not sufficiently knowledgeable about his legal rights and was "groggy from the sleeplessness, jet-lagged and sufficiently intoxicated." On 10 November 2008, the Appeals Court stayed Mr. Bradley's deportation, and he has been released from detention pending the outcome of the case.

Of note: In fiscal year 2008, 785 foreign nationals who entered the United States on visa waivers were deported.

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Although, the revised religious worker regulations require employer attestations, USCIS has not yet posted revised forms with the required attestations. Petitioners may use the currently posted forms until the new forms are posted on the USCIS website. Service centers have been instructed not to reject religious worker petitions that do not contain required attestations until the new forms are posted; however, a Request for Evidence (RFE) will be issued for the required attestations.

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