New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » Department of Homeland Security

Historical Permanent Residency Statistics

Chris Gafner — Wed, 14 Dec 2011 15:36:09 +0000

For those that either enjoy statistics or history (or both), the Department of Homeland Security has provided an excellent map and bar graph collection of historical permanent residency levels from different regions and countries throughout the world. Many of the statistics go back to the 1800s.

The charts are on the DHS’s website.

Immigration And the Federal Shutdown

Chris Gafner — Thu, 07 Apr 2011 13:10:50 +0000

The possibility of a federal shutdown looms large as the government must reach a compromise by Friday to avoid it. If a shutdown does occur, how it might affect immigration processing is not quite known. However, the following are a few observations.

Since USCIS processing is paid for through filing fees, it is expected that it will continue to process immigration petitions. However, the Department of Labor is not funded through filing fees and will not be processing any immigration petitions. This means that PERM applications will be stalled, and that H-1B processing may be halted (as the prerequisite labor certification will not be completed by the DOL).

Of course, the immigration detention centers will continue to hold detainees and the Customs & Border Protection agency will continue to inspect individuals entering the United States.

The Department of State, however, will not be operating as normal. It is unlikely that U.S. passport applications will continue to be processed. Additionally,visa petitions to the Department of State will be halted. During the last government shutdown (in 1995-6), “200,000 U.S. passport applications went unprocessed during the shutdowns and 20,000 to 30,000 foreign visa applications were unprocessed.” (AOL News)

Lets hope that a compromise is made quickly. Otherwise, immigration applicants should expect slowed, if any, immigration processing.

Should I Submit My Original Immigration Documents to USCIS?

Chris Gafner — Mon, 31 Jan 2011 12:08:52 +0000

A common question that individuals have is whether it is necessary to submit original immigration documents to the immigration agency when applying for immigration benefits. Many individuals just assume that it is necessary to submit originals.

But that is not the case. In almost all cases, a COPY OF AN IMMIGRATION DOCUMENT is the only document that is needed. Thus, when a person applies for most immigration benefits, he or she will be able to hang on to the original documents. Unless specifically told differently, an immigration applicant should only file a copy.

Now You Tell Me, How Do I Get

My Immigration Documents Back?

If you have already submitted original documents and wish them back, you may be able to file a Form G-884 with the USCIS. The G-884 is the form to Request the Return of Original Documents. The instructions for the form indicate that it should be filed with the USCIS District Office or Service Center where a case is pending, or where the final decision of a case was made.

Faster Immigration Security Checks Coming Soon?

Chris Gafner — Mon, 13 Sep 2010 10:17:29 +0000

The Department of Homeland Security (DHS) is establishing a single, multi-agency database that includes all immigrant data. The database will be searchable by government officials and will allow immigration officials to more easily detect fraud by those seeking to gain immigration benefits. The new database will be a mirror copy of existing DHS databases, and will be updated in real-time.

The new database is good news for national security and for immigrants seeking entry into the United States. Often times, immigrants are held up by delays caused by the need to do fraud and security checks. Although the program will not eliminate all the delays – It is hoped that the new database will improve the situation.

DHS Issues Yearbook of Immigration Statistics

Chris Gafner — Thu, 02 Sep 2010 10:37:45 +0000

The Department of Homeland Security has released its Yearbook of Immigration Statistics for 2009. Each year the DHS issues the yearbook that is filled with statistical information, including the annual number of immigrants who obtain permanent resdiency, the country of origin for those permanent residents, and the location in the United States were the permanent residents reside.

To view the Immigration Statistics Yearbook, please visit the DHS website.

DHS Announces 2009 Accomplishments

Chris Gafner — Thu, 17 Dec 2009 12:07:01 +0000

Department of Homeland Security Secretary Napolitano recently issued a press release highlighting the accomplishments of the department for 2009. The accomplishments concerning immigration included:

DHS has implemented a “new, comprehensive strategy to reduce the demand for illegal employment,” including a new worksite enforcement policy that has led to 1,897 cases and 2,069 Form I-9 inspections targeting employers. The initiatives have also resulted in 142 Notices of Intent to Fine totaling $15,865,181.
Reformation of the immigration detention system.
Launch of the new, bilingual USCIS website.
Clearance of FBI background checks that had a backlog of a year or more. Currently the vast majority of checks are completed within 30 days.
USCIS has also reduced the backlog of immigration petitions by nearly 90% from fiscal year 2008 – with the average processing time for naturalization applicants dropping by nearly five months.
DHS has begun accepting petitions for qualified widows of U.S. citizens and their minor, unmarried children to seek permanent legal status.

Lets hope that 2010 brings more good changes to DHS.

DHS to Exchange Immigration Data With Canada

Chris Gafner — Fri, 27 Nov 2009 13:23:27 +0000

The Department of Homeland Security has announced initiatives to share immigration data with Canadian immigration officials. The initiative is meant to increase the border security of both countries and to better streamline travel between the two countries.

For more information, please read the DHS press release.

Change is Coming to U.S. Detention Policy

Chris Gafner — Wed, 07 Oct 2009 13:51:29 +0000

Homeland Security Officials have announced that foreign nationals who are in detention in the United States may soon be separated based on their risk. Additionally, detainees may be housed in places other than jails, including motels and nursing homes. These changes are deeply needed given the many instances of detainee abuse and neglect that have plagued the system for years. Lets hope that more improvements will come quickly.

In making the announcements, the officials also indicated that it did not intend to let up on its increased immigration enforcement.

Alejandro Mayorkas Confirmed as USCIS Director

Chris Gafner — Thu, 13 Aug 2009 11:51:10 +0000

Alejandro Mayorkas has been confirmed as the USCIS Director. Profiled previously on this blog, Mr. Mayorkas is an accomplished attorney and was born in Cuba. Congratulations to Mr. Mayorkas.

Bureaucratic Barriers

Chris Gafner — Wed, 04 Mar 2009 11:30:00 +0000

The Washington Post ran a story Monday about Rashad Bukhari. Mr. Bukhari, an editor at Search for Common Ground, recently tried to return to the United States following a visit to his native Pakistan. The Search for Common Ground is a “Washington-based nonprofit organization that works to find peaceful solutions to conflict around the world.” Mr. Bukhari’s is the Urdu-language editor of the Common Ground News Service -a service “whose goal is to build bridges between the Muslim world and the West.”

Without going into detail, Mr. Bukhari was denied entry by an immigration officer who gave him two options: accept the immigration officer’s decision and “voluntarily depart,” or appeal the decision and risk incurring a five year bar from entering the United States. Faced with such a high risk, Mr. Bukhari returned to Pakistan.

I cannot criticize the immigration officer’s decision – I do not know the exact facts. But what concerns me is that too often the immigration process creates impersonal situations that leave individuals without explanations or an exact understanding of why they are denied certain immigration benefits. Although Mr. Bukhari’s story is personal – it is indicative of the immigration process in general. Mr. Bukhari is quoted as stating, “I prefer to go where I am welcome.” Without a clear immigration policy the United States risks appearing unwelcoming and creates bureaucratic barriers between it and the rest of the world.

Left Hand, meet Right Hand

Chris Gafner — Mon, 02 Mar 2009 11:30:00 +0000

Last Tuesday, U.S. Immigration and Customs Enforcement (ICE) agents conducted a worksite raid at Yamato Engine Specialists in Bellingham, Washington. The raid resulted in the arrest of 29 foreign nationals accused of being in the United States without valid immigraiton status. Although worksite raids became common place during the Bush Administration, this raid was the first of the Obama Administration.

The raid was a surprise to many – including Homeland Security Secretary Napolitano. When questioned on Wednesday, a Homeland Security officer stated that the Secretary was not aware of the raid until after it had occurred and had ordered a review. Additionally, the officer stated that the Secretary “was not happy about it because it’s inconsistent with her position, and the president’s position…”

Left hand, meet right hand. Lets hope that as the Obama Administration irons out the winkles, the various immigration agencies will coordinate with each other, Secretary Napolitano and President Obama. Better coordination will create a more consistant immigration policy – something that many feel has been lacking for many years.

Congratulations John Morton and Esther Olavarria

Chris Gafner — Wed, 25 Feb 2009 12:34:00 +0000

The Administration’s immigration team became clearer yesterday as John Morton was nominated as the Assistant Secretary for Immigration and Customs Enforcement (ICE) and Esther Olavarria was named Deputy Assistant Secretary for Policy. Mr. Morton is a career official at the U.S. Department of Justice and Ms. Olavarria brings years of immigration experience to her new position. Congratulations to both, may you serve the United States well.