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Higher Civil Fines Against Employers for Immigration Violations

From the Attorney General Michael B. Mukasey, head of the Department of Justice:

Under the specific rounding mechanism of the law, the minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

The full press release can be found here.

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FBI Name Check Questions and Answers Vanished

The USCIS has retracted the Questions and Answers bulletin regarding the new policy of FBI Name Check. The USCIS will release a new one in a few days. MIB created an HTML version of the retracted bulletin, please click here to check it out.

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FBI Name Check Frequently Asked Questions

The USCIS has released a Questions and Answers bulletin regarding the new policy of FBI Name Check requirement. For your convenience, MIB has created a HTML version of the bulletin, please click here.

For the original pdf file from the USCIS, click here. (It might still contain incorrect numbering for the questions and answers and might take a while if you had an older computer.)
 

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Chicago Lockbox and Service Centers Receipting Delay Update

As of February 15, 2007, all USCIS frontlogs have been cleared. There is no more delay in receipting.

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Chicago Lockbox Receipting Delay

As of February 14, 2008 the Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 2/7/2008
For all other applications: Current (no frontlog)

Frontlogs are almost cleared!!!!!!

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ICE halloween pictures revealed

Source: CNN
The above picture is the winner of the "most original costume" at the Immigration and Customs Enforcement halloween party in 2007. CNN has obtained the controversial pictures. Check out Jeanne Meserve's report here.

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Visa bulletin for March 2008

Family All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
1st  15FEB02 15FEB02   15FEB02   01JUL92  01MAR93
2A 15APR03 15APR03 15APR03 01MAY02 15APR03
2B 08FEB99 08FEB99 08FEB99 01APR92 01FEB97
3rd 15MAY00 15MAY00 15MAY00 15JUL92 01APR91
4th 15JUL97  01DEC96 01NOV96 15NOV94 22FEB86

Employment
-Based

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIPPINES

         
1st C C C C C
2nd C 01DEC03  U C C
3rd 01JAN05  01DEC02 01AUG01 01MAY01 01JAN05
Other
Workers
01JAN02 01JAN02 01JAN02 01JAN02 01JAN02
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers
C C C C C

D.  EMPLOYMENT VISA AVAILABILITY

The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months.  Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.


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USCIS Processing Time Report 1/15/2008 Revised

The processing dates for January 15, 2008 have been revised. The USCIS reported incorrect information. Please go to the USCIS website (click here).

For your convenience, you can check out the processing dates for all five service centers on one web page at:

http://mib.bigonenet.com/archives/01152008R.html

You can compare the processing dates for the five service centers for last six months at:

http://mib.bigonenet.com/

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Latest Receipt Situations at Service Centers

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130 petitions*.

As of February 6, 2008 the
Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 1/11/2008 [Last week: 12/27/2007]
For all other applications: Current (no frontlog)

* Stand-alone I-130’s are now filed with the Chicago Lockbox.

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FBI name check delays some immigration applications no more

By MATTHEW CHI'EN, MIB Staff Writer

Thu Feb 7, 5:00 PM ET

Federal officials adopted a new policy that will allow the approval of long-delayed immigration applications due to FBI name check.

Michael Aytes, Associate Director, Domestic Operations of U.S. Citizenship and Immigration Services, said in an interoffice memorandum on Monday that an application which is otherwise approvable and the related FBI name check has been pending for more than 180 days should be approved and card issuance should be proceeded.

"If derogatory or adverse information is received from the FBI after the application is approved," Aytes said. "USCIS will determine if rescission or removal proceedings are appropriate and warranted."

Aytes said the agency must obtain FBI fingerprint check and the Interagency Border Inspection Systems check before granting an otherwise approvable application.

According to the memorandum, the new policy will align the difference between Citizenship and Immigration Services and Immigration and Customs Enforcement in regards to the requirement of FBI name check for adjustment of status applications.

Applications that will benefit from the new policy include application forms I-485, I-601, I-687, and I-698.

"There is no change in the requirement that FBI fingerprint check, IBIS check and FBI name check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400)," Aytes said.

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Latest Receipt Situations at Service Centers

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130 petitions*.

As of February 1, 2008 the
Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 12/27/2007 [Last week: 11/26/2007]
For all other applications: Current (no frontlog)

* Stand-alone I-130’s are now filed with the Chicago Lockbox.

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WCBS Video - "woman faces deportation thanks to fake lawyer"

Ti-Hua Chang of WCBS-TV (Channel 2 in New York) reports that a Russian immigrant is in the deportation proceeding because the lawyer who helped her obtain her green card 14 years ago turned out to be fake.

Click here for the tv reports.

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Latest Receipt Situations at Service Centers

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130 petitions*.

As of January 30, 2008 the
Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 12/18/2007 [Last week: 11/26/2007]
For all other applications: Current (no frontlog)

* Stand-alone I-130’s are now filed with the Chicago Lockbox.

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Employer sent to jail for hiring illegal immigrants – The twist is

This Chinese restaurant owner was sentenced to 18 months and fined $2,500 for hiring and harboring illegal immigrants in Springfield, IL. Springfield is the adopted hometown of President Abraham Lincoln (who was born in Kentucky). The twist of this story is that one of the owners, Xian Xi Ye, is himself an illegal immigrant.

The Springfield Journal Register reports that Ye was charged with the violation of the immigration law. However, the general public is not aware that employing illegal immigrants usually comes hand-in-hand with the violation of federal tax law, labor law, social security law and numerous state laws. It was alleged that the restaurant underpaid the workers $266,355. One might wonder why Ye and the other owner were not prosecuted for unfair employment. Also, where is the IRS that likes to haunt ordinary citizens?

The other owner of the restaurant has not been sentenced. For complete report, click here.

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USCIS Processing Time Report 1/15/2008

New processing dates for January 15, 2008 are out. Please go to the USCIS website (click here).

The USCIS reminds customers with the following message:
The processing times shown ... are a tool for our customers to gauge our current processing times. When applications and petitions are completed within our target timeframes, that goal will be shown in the data display.

The processing times shown ... are for applications that have just been completed. If you have just filed your application, these timeframes may not reflect how long your application will take to be completed. We encourage you to check this page periodically before inquiring about your case. The processing times are updated monthly.

USCIS has received a significant increase in the number of applications filed. In July and August, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. This fiscal year, we received 1.4 million applications for naturalization; nearly double the volume we received the year before. The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.

As a result, average processing times for certain application types may be longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16-18 months to process.
For your convenience, you can check out the processing dates for all five service centers on one web page at:

http://mib.bigonenet.com/archives/01152008.html

You can compare the processing dates for the five service centers for last six months at:

http://mib.bigonenet.com/

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Latest Receipt Situations at Service Centers

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130 petitions*.

As of January 23, 2008 the
Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 11/26/2007 [Last week: 11/5/2007]
For all other applications: Current (no frontlog)

* Stand-alone I-130’s are now filed with the Chicago Lockbox.

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USCIS Contractors

Not everyone working at the USCIS is a Federal employee. Uncle Sam outsources many jobs to the private sector. The USCIS receipting job is handled by contractors. If you are a U.S. Citizen, you can work for the USCIS as an employee of the contractors.

The employees of the contractor Stanley, Inc. want to unionize themselves. Stanley serves the California and Vermont Service Centers and many other government departments. The AP story can be found here on Boston Globe's website.

If the union proposal is approved, we may see picket lines at the USCIS in the future if there is any strike. No one would handle millions of checks and applications. It would be disastrous if it happened on the first day of quota-subject H-1B filing period.

In the meantime, if you still want to work as a USCIS contract employee, check out the openings at Stanley, Inc. You must choose the locations in St. Albans, VT and Laguna Niguel, CA.

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Illegal Immigrant Widow

This is a very dramatic deportation story. The illegal immigrant (technically, the legal non-immigrant who overstayed her authorized period of stay) was already on her way to the airport escorted by the ICE agents. Before arriving at the Chicago O'Hare Airport, the vehicle made a U turn and went back to the detention facility.

The illegal immigrant, French national Corina Turcinovic
, came to the U.S. in 1990 on visa waiver to visit her then fiance Maro. During her visit, Maro was badly injured in an accident. Corina stayed in the U.S. to take of him. Her husband died in 2004 before becoming a U.S. Citizen.

The Chicago Sun Times story can be found here.

However, one might wonder why she did not obtain her permanent residency before Maro died. The news report implies that Maro was a permanent resident and he obtained his LPR status in or before 1998. Assume that they got married in 1998 or before and filed all the necessary applications for the F2A category, she would have gotten her permanent resident status in 2003. The 245(i) provision was still valid for her situation. Maro did not need to be a citizen to petition for her.

*245(i) allows illegal immigrants to obtain green cards in the U.S. if certain conditions are met. Then INS published an article on its website few years ago explaining what Section 245(i) was. However, the article is not on the CIS website. You may check out the copy on findlaw.com.

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Bad News for Vietnamese Waiting to be Deported

The U.S. Assistant Secretary of Homeland Security Julie L. Myers and Deputy Foreign Minister for the Government of Vietnam Dao Viet Trung signed a memorandum of understanding that details the process of deporting Vietnamese nationals ordered to be deported after July 12, 1995 from the United States.

UPDATED: New York Times' Julia Preston has reported in today's (1/23) paper.

The AP story can be found on the New York Times.

The official ICE (DHS) press release can be found here.

Isn't the world of international politics quite intriguing? It is so true that there is no ever-lasting friends and ever-lasting enemies.

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Director’s numbers and his plan for backlogs

During July Visa Bulletin Fiasco*
Number of applications:
I-485 Applications= 300,000
Related I-765 (commonly known as Work Permit) and I-131 (advance parole) = 800,000

*Dr. Gonzalez calls the fiasco an “opening of the employment-based visa window in the July Visa Bulletin, a window that had not been opened fully in many years”.

In the months of June, July and August 2007
Number of N-400 (naturalization) received in June and July = 3.5 times higher than the same period in 2006

Total number of applications received by the USCIS
: over 3 million

USCIS’s average number of receipts per month: 530,000

New processing times

N-400: 18 months (up from seven months or less)
Family-based I-485: 12 months (up from six months or less)

Plans to reduce backlog
- Hire more staff
- Rehire retired staff from USCIS
- Rehire retired officers from Legacy INS
- Work additional shifts and overtime
- Allocate more manpower to the severely backlogged types of applications
- Systems Qualified Adjudication, i.e. high-tech processing for some cases
- Chicago Lockbox, i.e. NBC to pre-process more types of cases
- More e-filing

USCIS’s two-year response plan will reduce processing times to six months by the third quarter of Fiscal Year 2010 (which is June 2010).

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USCIS's Director Testifies Before Congress.

USCIS Director Dr. Emilio T. Gonzalez testified before House Judiciary Subcommittee on Immigration on Thursday by a written statement. Several major newspapers report on this story.

USA Today: "Citizenship applications backlogged"
Chicago Tribune: " Huge backlog for citizenship"
San José Mercury News: " Lawmakers say flood of immigration applicants wasn't surprise"
New York Times: " Legal Immigrants Facing a Longer Wait"

If you have nothing to do, check out the original statement here (pdf file).

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Latest Receipt Situations at Service Centers

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130 petitions*.

As of January 17, 2008 the
Chicago Lockbox is receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

Stand-alone I-130: 11/5/2007
For all other applications: Current (no frontlog)

* Stand-alone I-130’s are now filed with the Chicago Lockbox.

The USCIS updated the frequently asked questions on receipting delay on Jan 16, 2008. Click here.

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Shamer Beware - Petitioner (US Citizen)

The U.S. Citizen involved in the sham marriage with a Russian national as reported last year pleaded guilty on 1/16/2008 in the U.S. District Court in Los Angeles. Sentencing is scheduled on April 7. Benjamin Claude Adams responded to a marriage recruitment ad placed by Yuliya Mikhailovna Kalinina on Craigslist.org in 2006. Kalinina said in the ad that money, not sex, is involved in the marriage.

KCBS-TV has the detailed report.

Some examples of this kind of ads can be found here, here and here.

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ICE New Year Resolution: ¡deporte a los inmigrantes criminales!

ICE Head Julie L. Myer, Assistant Secretary of Homeland Security, told the New York Times that deporting criminal immigrants is a “huge priority” in the Bush Administration. The ICE expects to identify and deport 200,000 criminal aliens this year.

Most people think criminal aliens only include the illegal immigrants who were convicted of crimes. This is not true.
Under current law, immigrants convicted of crimes are deported only after serving their sentences in this country. Foreigners behind bars, Ms. Myers said, include large numbers of immigrants who were legal residents, but lost their legal status as a result of being convicted of crimes.
Even you have a green card, you might still get deported if you committed a serious crime. Check out this press release about several permanent residents who spied for China facing deportation.

The New York Times report can be found here.

The official title of Julie Myer is Assistant Secretary of Homeland Security. The official title of the head of USCIS is Director. The official title of the head of USCBP is Commissioner. Isn’t it confusing?

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Latest Receipt Situations at Service Centers

Latest Receipt Situations at Service Centers

As of January 14, 2008 the USCIS Service Centers are receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

National Benefits Center, aka Missouri Service Center, aka Chicago Lockbox
Stand-alone I-130: 10/25/2007
For all other applications: Current (no frontlog)

California Service Center
I-130:  8/30/2007 *All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.
For all other applications: Current (no frontlog)

Vermont Service Center
I-130:  7/29/2007 *All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.
All applications: Current (no frontlog)

Nebraska Service Center and Texas Service Center
All applications: Current (no frontlog)

New Stand-alone I-130 Filing Addresses

Petitioners (the US Citizens or Permanent Residents) who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming should file their I-130’s with the Lockbox using the following address:

USCIS
P.O. Box 804625
Chicago, IL 60680-1029

Petitioners (the US Citizens or Permanent Residents) who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia should file their I-130’s with the Lockbox using the following address:

USCIS
P.O. Box 804616
Chicago, IL 60680-1029

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USCIS Will Hire Retired Officers for Backlog Reduction

The New York Times reports that the USCIS has agreed with New York Senator Charles E. Schumer's proposal to rehire about 700 retired government employees to reduce the backlog of about one million naturalization applications.

Julia Preston has the details.

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Real ID Rules

The U.S. Department of Homeland Security published new rules on Friday that standardize driver licenses and identity cards that will be accepted for travels on flights and entries into federal facilities. States will remain free to issue documents not following the new rules.

The DHS press release can be found here.

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DOS to Accept Passport Card Applications on 2/1/2008



The Department of State will begin accepting applications on February 1 for passport cards which will serve as alternatives to passports for U.S. Citizens traveling to Canada, Mexico and the Caribbean. The application fees for the wallet-size cards are $45 for adults, $35 for children, and $20 for adults who have passports. The passport cards will be accepted for land and sea crossings between the United States and Canada, Mexico and the Caribbean, but not for flights.

For more information on the Western Hemisphere Travel Initiative, check out the Department of State's website.

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VISA BULLETIN FOR FEBRUARY 2008

Family All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
1st  08FEB02 08FEB02  08FEB02  01JUL92 22JAN93
2A 15MAR03 15MAR03 15MAR03 01MAY02 15MAR03
2B 01JAN99 01JAN99 01JAN99 22MAR92 22JAN97
3rd 08MAY00 08MAY00 08MAY00 08JUL92 01APR91
4th 08JUL97  15NOV96 08OCT96 01NOV94 15FEB86

Employment
-Based

All
Chargeability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIPPINES

         
1st C C C C C
2nd C 01JAN03  U C C
3rd 01NOV02   15NOV01 08MAY01 22APR01 01NOV02
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers
C C C C C


D.  INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
   
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months.  As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately. 



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Latest Receipt Situations at Service Centers

As of December 28, 2007, the USCIS Service Centers are receipting (issuing receipts, processing payments, inputting data) for the applications received on or before:

California Service Center
I-130:  8/30/2007 *All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.
For all other applications: Current (no frontlog)
 
Nebraska Service Center
All applications: Current (no frontlog)

Texas Service Center
N-400:  10/29/2007 [Last week: 9/29/2007]
For all other applications: Current (no frontlog)

Vermont Service Center
I-130:  7/29/2007 *All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.
N-400: 11/27/2007 [Last week: 11/28/2007]
For all other applications: Current (no frontlog)

National Benefits Center, aka Missouri Service Center, aka Chicago Lockbox
Stand-alone I-130: 8/20/2007
For all other applications: Current (no frontlog)

*** Stand-alone I-130’s are now filed with the Chicago Lockbox.

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Reflection 2007: Top 5 Immigration News Stories

Number 5: Labor Certification Certifiably More Difficult
The Department of Labor (DOL) finished its backlogs and started paying more attention to its new born child named PERM. It is reportedly that the DOL has issued more audits and it takes longer to get a PERM certified. New changes for 2007 are:
- Substitution of beneficiary is history;
- An approved labor certification is only valid for 180 days;
- No one other than the sponsoring employer is allowed to pay for any expenses related to the PERM application such as attorney fee and recruitment costs.
- The DOL explicitly prohibits the sale, barter, or purchase of labor certification

Number 4: Increased Enforcement of Immigration Law
More arrests at the border (only the southern border), ICE raids at work places, prosecution of employers, new I-9 rule, increase in detention of illegal immigrants, States and local governments getting into the mess of regulating and enforcing the Immigration Law, border fence…. still more to come in 2008

Number 3: USCIS Filing Fee Hike and Surge in Applications
Naturalization: $400 --> $675, Adjustment of Status: --> $395 to $1,010
The increase in filing fees resulted in huge backlogs.

Number 2: Visa Bulletin Fiasco, aka VB Gate
The Department of States (DOS) said it would be CURRENT for all employment-based ( EB ) preferences in July. The USCIS did not want too many adjustment applications. The USCIS approved as many as EB green cards before 6/30/2007. The USCIS forced the DOS to retract the original Visa Bulletin for July 2007 citing that all visas for fiscal year 2007 had been used up. The DOS caved in. Immigrants sued the Federal Government and sent flowers to the USCIS. The USCIS caved in. The DOS retracted its retraction. 300,000 plus applications related to the VB gate were filed. MORE BACKLOGS!!!!!!!!!!

Number 1: Immigration Reform Failed
The United States Congress rejected proposals to give green cards to illegal immigrants, raise the numbers of employment-based green cards, increase the H-1B quota increase, grant permanent residency to children without legal status, adopt a new point-based immigration system, and many more. Nothing has been changed and will be changed in 2008 pending the election.

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Reflection 2007: Honorable mentions

Top 5 Immigration News Stories in 2007 Continues.

Honorable mentions are:
- New York Governor Spitzer withdrew his plan to allow illegal immigrants to obtain driver licenses.
- New passport requirement for U.S. Citizens traveling to neighboring countries.
- New filing locations for I-129F, I-130, I-131, I-140, I-360, I-485, I-765, and I-907 (not all kinds though) and new filing instructions for I-129.
- Religious Worker visas (R-1 visa and I-360 petition) are under more scrutiny.
- Assistant Secretary of Homeland Security for Immigration and Customs Enforcement Julia Myers apologized for offen