Newsletters

L A W L E R & L A W L E R    N E W S L E T T E R [ August 2007 ]

Government Gets Serious on Drunk Driving

People applying for temporary visas and green cards with one drunk driving conviction in the past three years will be required to be evaluated by the consul or immigration service physician for a "mental disorder" or alcoholism. Those with two convictions at any time or one and other evidence of alcohol problems will also be evaluated. For refusal of a visa or green card, the government's physician must make a diagnosis of alcohol abuse and that harmful conduct related to alcohol is "likely" to reoccur in the future.

Visa List Predictions

The open-close-open of the employment based visa list for green card applicants this summer has been stressful to say the least. Predictions are that the October visa list will reflect about what the visa list was in January 2007. The EB-1 and EB-2 will be current, except India and China. There will be a backlog for the EB-3. The October visa list will be issued about September 10th to 15th. To check the list see http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html.

Lawler & Lawler helps Iraqi War Veteran

A two-time Iraq veteran applied for naturalization and was delayed for two years while his FBI name check was stuck in the system. He was born in Pakistan and as an adolescent immigrated to the U.S. with his family. FBI name checks are a problem for many naturalization and green card applicants. With our help and USCIS Headquarters officials, in a few days this veteran's FBI name check was resolved and he was sworn in as a U.S. citizen. He plans to reenlist and become an officer.

Processing Times

USCIS processing times for many applications are slowing, from issuance of receipts to processing of petitions, adjustment of status to work permits. Processing times often fluctuate and it is hoped they will speed up.

DREAM Act

There is more talk about passage of the DREAM Act. It recognizes that children brought here illegally but who have grown up, stayed in school and kept out of trouble have earned a place among us and should be formally included. A student must have been here at least five years and entered the U.S. illegally at age 15 or younger to qualify. These students could apply for and be granted up to six years of conditional legal residence. During that time, the student must graduate from a 2-year college, complete at least 2 years toward a 4-year degree, or serve in the U.S. military for at least 2 years, and stay out of trouble. Then they will be given a full green card.

I encourage people to write their congressional representatives and senators and urge them to support the DREAM Act.

Employer Sanctions

The Department of Homeland Security announced increased penalties and fines for knowingly employing a person without work authorization. Social Security "No Match" letters will require firing the employee if they cannot produce proof of right to work. The rules will not be effective for 90 days. The new rules are expected to be published today. After analyzing the details I will report more on this important topic.

I will keep you posted on these and other immigration matters.

Regards, Martin Lawler
Lawler & Lawler