Cases Against US Citizens

March 22, 2012 § Leave a comment

US Attorney General Eric Holder spoke to the law students about the protection of US citizens who are suspected to be terrorists. He said that US citizenship alone is not sufficient to protect US citizens who are terror suspects. A US citizen has certain rights and such rights protects the citizen. When a citizen is suspected of terrorism, such rights are also not enough to protect that citizen.

He told that due process and the judicial process are both not the same. That statement astounded the law students as they had equated both due and the judicial processes. They spoke to defense attorney Ron Kuby in order to clear themselves and to find out the judicial idea of Attorney General Eric Holder.

An American-born Islamic, Anwar al-Awlaki was killed in an American drone operation in Yemen on September 30, 2011.He was on the US list of suspected terrorists. He was involved in various terror plans in the US. He is said to be an Al Qaeda recruiter and a motivator, who constantly called people from around the world to kill the Americans. The US government did not say anything to justify the killing of Anwar al-Awlaki until Holder said that the Government has the right to use lethal measures if its is not able to arrest terrorists.

Attorney Ron Kuby said that the American law has certain secret laws that gives the right to kill US citizens. He also added that its not a good procedure to do so. Holder did not comment anything about the drone attacks that killed several citizens of Pakistan and the US drone-spying plan in Iran.

 

Renewing US Passport through Mail

March 18, 2012 § Leave a comment

With a US passport, US citizens are allowed to travel internationally. Note that only US citizens can apply for a US passport. US passport can be used as proof for one’s US citizenship. Apart from this, a US passport is needed to enter the US after traveling to Canada, Mexico, the Caribbean and Bermuda.

If you have a US passport that is going to expire, then you should renew it. You have the option of renewing your passport either through mail or in person, and it is based on certain conditions. You can renew your US passport if it is not damaged and can be submitted along with your application and it should have been issued when you were 16 years or older. Remember to note that it should have been issued within the last 15 years and issued in your current name (or) if you are able to document your name change legally. If you do not fit into the conditions mentioned above, the only option to file for a renewal is to apply in person. In addition, if you are a previous passport holder and are eligible to file Form DS-82, you can renew your passport through mail, even if it is your first passport card.

Passport Renewal Process by mail:

The process of renewing your passport varies depending on where you currently reside. If you are currently in the US, you have to file Form DS-82, Application for a US Passport by mail to renew it through mail. You will get detailed filing instructions along with Form DS-82. There are quite a few points to remember before you file for a US passport renewal. You cannot use the mailing option if your passport is mutilated or damaged. In this case, the only option is to file in person.

If you are mailing your application along with any supporting documents, you have to give importance to the delivery method. It is to ensure the application and the supporting documents are not damaged during the process. To be on the safer side, it is better to put your application and supporting documents in an envelope that is big such that the application fits in without folding it. It is better not to use the standard letter-size envelope. Note that when done through the mailing option, the application can be mailed only to US and Canadian addresses.

If you are behind in child support payments, you will not qualify for a US passport. Individuals who wish to get their passport renewed from can file at the nearest US Embassy or US Consulate (except those living in Canada). US citizens who are currently residing in Canada and who want to get their passport renewed can file Form DS-82, Application for US Passport by Mail to the address indicated on the application.

If there is a need to get a US passport quickly, you are required to schedule an appointment at a Regional Passport Agency. But this is possible only in certain circumstances. It is possible only if want the passport to travel abroad in less than 2 weeks OR you want the passport within 4 weeks to get a foreign visa. Should you need to fix an appointment, you can contact the National Passport Information Center to schedule an appointment or locate a Passport Agency.

News on Form I -601 and I-797

March 12, 2012 § Leave a comment

The United States Citizenship and Immigration Services (USCIS) has proposed changes that will permit certain immediate relatives (spouse, children or parents of US citizens) who can prove extreme hardship to a US citizen spouse or parent to get a waiver of the unlawful presence bars before exiting the US. This process is not in effect and will not be available until USCIS publishes a final rule mentioning the effective date. Before pushing the final rule, USCIS has plans to release a notice of the proposed rule making in the near future, considering all comments received.

Individuals are requested not to send an application requesting a provisional waiver during this interim period. The USCIS will reject such applications and return the application package along with any related fees to the individual. Applicants are advised to wait until the USCIS issues a final rule and the change becomes effective. It is also important to remember that some unauthorized practitioners of law may wrongly lead you claiming they can file a provisional waiver application (Form I-601) for you. They may also ask you to pay them to file the form, although USCIS does not accept the form. Do not fall prey to such scams.

USCIS decision on I-797 Receipt and Mailing Process

Recently, USCIS sent the original I-797 receipt and approval notifications directly to the applicants and petitioners who were represented by attorneys. Later, USCIS has passed a decision to return to its earlier practice of sending the original I-797 receipt and approval notice to the applicant or petitioner’s attorney and resumed mailing such notices from January 2012. Recently, USCIS started a process for Form I-129, Petition for a Non immigrant Worker, through which attorneys or representatives could enter their address as the mailing address so that they can get the original I-797 notices.

Having reverted back to the earlier process, attorneys and representatives need not enter his/her address as the mailing address to get the original I-797 notices. All the I-129 Form currently being filed should have the petitioner’s address as the mailing address. This change is effected to avoid any future delays in VIBE. Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance the decision of USCIS on some employment-based immigration petitions. This process will also enable premium processing customers to submit petitions without the need for enclosing a postage pre-paid envelope.

Passport Fair

March 7, 2012 § Leave a comment

Post Offices (Atlanta) will host a one-day Passport Fair on March 10, 2012. If you wish to apply for a passport, bring with you proof of American citizenship (previously issued passport, birth certificate, or a certificate of citizenship. In addition, bring any photo identification. This include a driver’s license or state identification card, military photo ID card or government issued photo employee card.

All minor children (below 16 years old), who wish to apply for Passports have to be accompanied by both parents. Note that children who are 16 to 17 should be accompanied by one parent. Also remember if one parent is absent on the day, the other parent should submit proof of sole legal custody of the child. He/she should also bring a notarized written consent of the other parent for issuing the passport. As an alternative, a written statement that explains why the non-applying parent’s consent cannot be obtained can be produced. Adults have to pay a $110 fee for Passports, whereas for children under 16, it is $80. For Passports cards, it is $30 for adults, whereas it is $15 for children. Both will be subject to a $25 acceptance fee. Photographs will be made available onsite for a fee of $15. Should you have your own, make sure the size is 2″x 2″. Note that applications to apply for passports are available online as well as at the Post Office.

Participating Offices/Time

9:00 AM – 2:00 PM

Acworth Post Office 4915 N Main St. 30101

LaGrange Post Office 950 Lafayette Pkwy 30241

Suwanee Post Office 990 Peachtree Industrial Blvd 30024

9:00 AM – 1:00 PM

Cumming Post Office 525 Tribble Gap Road 30040

9:00 AM – 4:00 PM

Howell Mill Station 1984 Howell Mill Rd NW 30327

Northridge Branch 1185 Hightower Trl. 30350

9:00 AM – 5:00 PM

Pharr Road Station 575 Pharr Road NE 30355

Sandy Springs Station 227 Sandy Springs Pl. NE 30328

10:00 AM – 2:00 PM

Griffin Post Office 101 N 8th St. 30223

10:00 AM – 3:00 PM

Adairsville Post Office 10 Finley St. 30103

Athens Main Post Office 575 Olympic Dr. 30608

Marietta Main Post Office 257 Lawrence St. NE 30060

Limestone Station 364 Green St. NE 30501

Lawrenceville Post Office 35 Patterson Rd 30044

10:00 AM – 1:00 PM

Forest Park Post Office 4989 Courtney Drive 30297

10:00 AM – 4:00 PM

Atlanta Main Post Office 3900 Crown Rd. SW 30321

1:00 PM – 3:00 PM

Loganville Post Office 4160 Logan Dr. 30052

Newnan Main Post Office 60 Postal Pkwy 30263

1:00 PM – 4:00 PM

Akers Mill Postal Store 2997 Cobb Pkwy SE 31139

Ben Hill Station 2260 Fairburn Rd. SW 30331

Briarcliff Station 3104 Briarcliff Rd. NE 30345

Doraville Branch 4700 Longmire Ext. 30340

 

E-Verify Self Check

March 1, 2012 § Leave a comment

Through the E-Verify electronic program, employers can verify the employment eligibility of their employees, once hired. In simple terms, employers submit information taken from a new recruit’s Form I-9 through E-Verify to the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS) to verify if information is similar to government records and also if the newly recruited individual is authorized to work in the US.

Before using E-Verify, you are required to enroll your company or organization in the program. The company can be a small family-owned shop or a multinational corporation. You have to enroll your company only once and then you can register yourself and others. Remember, you do not enroll your company multiple times. Trying to enroll a company that is already enrolled in E-Verify will lead to delay in your enrollment.

You can choose E-Verify participation on a site-by-site basis. Your company has to use E-Verify for all new recruits at each participating site. Though E-Verify gives this flexibility to your company, your local and state laws may be more restrictive. Certain states require companies to use E-Verify at all sites within that state. While enrolling, you have to choose the number of hiring sites in each state that will participate in E-Verify.

To determine how to best use E-Verify, start with understanding how your company processes its Forms I-9. Some things to consider are:

  • When and where do employees complete the Form I-9?
  • Does your company outsource processing of Form I-9?
  • Does your company send its Forms I-9 to a central location?

Self Check was developed to help individuals to check their own employment eligibility status. In addition, it also acts as guidance on how to correct an individuals DHS and SSA records. Self Check is available in English and Spanish. Through this, individuals can enter the same information into Self Check that employers enter into E-Verify. Since this program came into effect, thousands of individuals have used Self Check to access their federal employment eligibility records and for guidance on how to correct record discrepancies before the hiring process. Starting August 2011, Self Check was made available to users in both English and Spanish.

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