Immigration News Update

on Friday, 07 September 2012. Posted in News, Immigration

Immigration News Update

Georgia to issue Driver's License to young immigrants who are granted Deferred Action.
Federal Court issued decisions on Georgia's Anti-Immigration Law, HB 87
The State of Arizona declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.
The State of Nebraska declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.
US Embassy in India released checklist to help determine whether nonimmigrant visa in-person interview can be waived.
USCIS reaches 10,000 U visa approved in the fiscal year 2012

  1. Georgia to issue Driver's License to young immigrants who are granted Deferred Action.

    On August 22, 2012, the state Attorney General of Georgia, Sam Olens, issued an opinion letter that young immigrants whose Request for Deferred Action is granted by the USCIS is eligible to be issued a temporary Driver's License or Identification Card under Georgia law.

    In light of the current Policy Directive granting Deferred Action to qualified Childhood Arrivals under the Obama Administration, young immigrants may apply for temporary Driver's License once their Deferred Action request is approved by the USCIS. They should present the I-797 (Notice of Action) as evidence for approval of Deferred Action, as well as proof of their residence in the state of Georgia, to a local DMV for license application so that they may have the means to pursue employment and educational opportunities.

  2. Federal Court issued decisions on Georgia's Anti-Immigration Law, HB 87

    Georgia's Illegal Immigration Reform and Enforcement Act of 2011, known as House Bill 87, authorized the police to check the immigration status of criminal suspects who could not provide certain identity documents, to detain them, and to take them to a state or federal prison if they concluded the suspects were in the United States illegally. This provision, Section 8 of the act, is known as the “Show Your Papers” provision by those who oppose the law and say that it would lead to racial profiling.

    Section 7 of the Act also criminalized transporting and harboring undocumented immigrants "while committing another criminal offense" and inducing them to enter Georgia.

    On August 20, 2012, a three-judge penal at the 11th Circuit Federal Court of Appeal, issued an opinion that upholds Section 8 and authorizes police officers to check the immigration status of criminal suspects who cannot prove their legal presence in the U.S. As for HB 87's Section 7 that prohibits transporting, harboring and inducing undocumented immigrants to enter the state, the federal judges found it unconstitutional and struck it down.

    Under the Federal Court's ruling, the “Show Me Your Paper” provision authorizes - but does not require - state officials to check a suspect's immigration status when the suspect cannot produce satisfactory identification, prohibits racial profiling and authorizes arrest and detention only to the extent permitted by federal law, the ruling adds. Various community organizations have called on the law enforcement officials to exercise discretion to uphold public safety for all and not work against their best intentions to promote healthy community policing. Only through community trust throughout a jurisdiction will public safety be enhanced.

  3. The State of Arizona declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.

    On August 15, 2012, the same day when the Policy Directive granting Deferred Action took effect, the governor of Arizona, Jan Brewer issued an Executive Order clarifying that individuals granted deferred action under the June 15th memo will not be eligible for Arizona driver's licenses or other state benefits.

  4. The State of Nebraska declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.

    On August 17, 2012, Governor David Heineman announced that the state of Nebraska would continue its practice of refusing to issue Driver's License and other public benefits to undocumented alien. As the state holds the position that Deferred Action granted to young immigrant does not confer legal status, these young immigrants would not be eligible for Nebraska Driver's license and other state benefits.

  5. US Embassy in India released checklist to help determine whether nonimmigrant visa in-person interview can be waived.

    The U.S. Embassy and Consulate Posts have released a checklist to help determine if an applicant is eligible for nonimmigrant visa renewal without appearing for an interview. Specifically, criteria are as follows:

    • I have a pervious US visa in the SAME class as the visa class for which I wish to renew;
    • My previous visa was issued in India;
    • I am applying the consular district where I want my passport delivered;
    • I confirm I have NO refusals for a visa in any category after my most recent visa issuance;
    • If I am applying for a B/1/B2 or CID visa, my prior visa in the same category expired within the last 48 months or is still valid;
    • I am applying for a J2, L2 or H4 visa, my prior visa in the same category of he same petitioner expired within the last 12 months or is still valid;
    • I understand if my visa was issued before January 1, 2008, I may be required to submit fingerprints at a consular section;
    • My prior visa does NOT have the annotation "clearance received."

    If any applicant for nonimmigrant visa renewal selects “YES” to all the questions above, he or she may be eligible for visa renewal-issuance without a visa interview. He or she may only need to submit all the required documents and forms to the nearest U.S. visa application center. For further assistance with scheduling your visa appointment, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. .

  6. USCIS reaches 10,000 U visa approved in the fiscal year 2012

    On August 21, 2012, the USCIS announced that it had reached the 10,000 U visa quota cap for the fiscal year of 2012. USCIS will continue to accept new petitions as they are received until the end of the current fiscal year, and will resume issuing U visas on Oct. 1, 2012, the first day of fiscal year 2013 when new visas are available.

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