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Changes in Visa Reciprocity for the Democratic Republic of the Congo

Department of State update to visa reciprocity for the Democratic Republic of the Congo, changing A and G visa validity to 24 months.

USCIS Update on Processing Changes for Naturalization and Citizenship Forms

USCIS update on the centralization of receipting for various N-Forms at the Dallas and Phoenix Lockbox facilities beginning on 10/30/11. As of 12/5/11, local offices will no longer forward these forms and applicants will be instructed to re-submit to the appropriate Lockbox.

USCIS Announces Restoration of I-797 Mailing Procedures and Other Updates

USCIS announcement on 10/20/11 that I-797 mailing procedures will be restored in approximately six weeks to have original notices going to G-28 attorneys, with copies going to applicant or petitioner. The announcement includes additional updates as well.

CA10 on “Illegal Reentry” for Purposes of Reinstatement of Removal

The court held that where Petitioner was waived through at the border one month after her removal from the U.S., she “reenter[ed] the United States illegally” for purposes of reinstatement of removal under INA §241(a)(5).

USCIS to Offer Spanish-Language Event on E-Verify Employee Rights

USCIS invitation for a free Spanish-language teleconference, which will be held on 11/9/11, to discuss E-Verify employee rights and responsibilities. Additional information about the event and how to participate, as well as contact information, is listed on the flyer.

BIA Deems NY Third-Degree Attempted Arson an Aggravated Felony

The BIA found that third degree attempted arson in violation of NY Pen. Law §§110 and 150.10 is an aggravated felony under INA §101(a)(43)(E)(i), even though it lacks the jurisdictional element in the federal offense.

DHS Extends the Designation of Sudan for Temporary Protected Status

USCIS notice announcing the 18-month extension of the TPS designation of Sudan from 11/2/11 through 5/2/13, and the automatic extension of EADs for Sudanese TPS beneficiaries. The 180-day re-registration period is in effect from 10/13/11 to 4/10/12.

CA9 on Impact of Weekends and Holidays on Voluntary Departure

The court held that where voluntary departure expires on a weekend or holiday, and a motion that would affect voluntary departure is filed the next business day, voluntary departure legally expires on the next business day.

President Obama Releases FY2012 Refugee Admissions Numbers and Authorizations

A 9/30/11 Presidential Memorandum on determinations of up to 76,000 refugee admissions numbers and authorizations of in-country refugee status for eligible persons of Cuba, Eurasia and the Baltics, Iraq, and in exceptional circumstances, persons in any location, for FY2012.

FY2012 H-1B Cap Count (Updated 10/11/11)

USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/23/11, approximately 36,300 H-1B cap-subject petitions were receipted. USCIS has receipted 17,700 H-1B petitions for aliens with advanced degrees.