The competing McCain bill and the Specter bill share a residency requirement for the undocumented. You must have been physically present in the United States on an appointed day-May 12, 2006 for McCain-Kennedy and January 4, 2004 for Specter. How do you prove the date of physical presence? Based on past examples, you would submit tax returns (certified copies), school records (with an affidavit by the school official to confirm authenticity), hospital records, rental and utility bill receipts, personal checks (with the bank stamp on the back side), credit card statements, employer’s letters and, if all else fails, affidavits from friends and family who knew you were present on the appointed day. If you file only your own affidavit it will surely trigger very close scrutiny. How many documents are enough? If your documents are from government sources (city property tax bill or federal tax return) you need less than if your documents are all monthly household bills. If you show utility bills before, at, and after the appointed day, you prove more than a show of a bill or two on the appointed day. The burden of proof is on you to prove presence.

The McCain bill currently is competing with several rival bills, especially the “Specter bill” or the “Chairman’s Mark” proposed by Sen. Specter (R-Pennsylvania). McCain’s new visa, the H5 visa, is good for three years and is renewable once for a second three years; Specter’s visa, H2C, has the same features. McCain’s H5-A allows for an application for a green card at the end of the six years; Specter’s bill requires departure for at least one year and then to only your home country (ok if it’s Ireland; not ok in other cases). McCain’s H5-A carries no bar against changing status during the three year terms (via marriage to an American for example); Specter’s H2C does not allow changes within the different categories of nonimmigrant classification and so, by inference, may allow change from the nonimmigrant H2C to the immigrant status of a green card holder. Both bills have waivers available for unauthorized work and unauthorized entry into the states. Both bills provide for derivative visas for spouses and children under 21. Consider what to do with one reform that provides for some balance between the competing moral and economic realities and with the other that provides for a delayed deportation order (3+3 and out).  

February 17, 2006       McCain Bill and the Workplace

The McCain bill currently is at the crucial stage where staffers for the Senators are negotiating the specifics of the bill. The staffers argue the points in contention among the Senators and do a large amount of the compromise before the Senators go public with the results.

However, one general point of consensus is that your workplace will be different than it now is. The Social Security Administration (SSA) will compile a database of workers eligible to work in the states. Employers will have to check with SSA before a new hire and will have to do this regularly, not just when they feel like it. SSA will verify identification and employment eligibility within one day. If the initial answer is negative (“nonconfirmation” in government jargon), the employer has 10 days to file for a second round of employee verification. After that the SSA issues a letter for the employer and employee to take to a local office of the SSA or DHS not later than 10 days after receipt of the second denial. Understand that employers are forbidden to fire you for fear of the excess work in this verification process. But the process is a recipe for abuse. If you are verified at the start of a job, you must thereafter be annually reverified.

February 8, 2006.  Senate Action-Revised Schedule

The Senate Judiciary Committee will begin its consideration of immigration reform legislation on March 2. After that there will be weeks of deliberation, negotiation, and compromise. The original McCain bill is one of several under consideration but is the most comprehensive. The full Senate will schedule time for its deliberation. If the current schedule holds, some type of immigration bill should reach the Senate floor during the last week in March and the first week in April.

February 1, 2006  H5-A Visas

Aside from the proposed H5-B visa, the McCain immigration reform bill also proposes to create an employment-based H5-A visa. The H5-A is for those intent on performing a job other than excluded jobs in a few specified positions such as computer programmers, fashion models, scholars, athletes, entertainers, or religious officials. You will have to prove your capability to perform the job, give evidence of employment, and submit the results of a routine medical examination.  There are waivers available for acts committed before May 12, 2005 that would otherwise make you ineligible for any visa. For examples, there are waivers available for unauthorized work, unauthorized entry into the United States, missed deportation hearings, and presentation of false information. If you receive an H5-A visa it is good for three years and is renewable once for a second three years. Unlike the proposed H5-B visas, the H5-A carries no bar against changing status during the three year terms of the visa.

February 1, 2006. Congressional Review of the Mc Cain Bill.

The Senate's consideration of the McCain bill has been pushed back into March- a one month change due to the Judiciary Committee's commitment to the domestic spying issue.

January 24, 2006.   H5 B Visas

The McCain immigration reform bill proposes a new visa, H5-B, for immigrants without papers who lived and worked in the states before May 12, 2005 and “continuously” after that date. You must prove employment before May 12, 2005. If tax returns and social payments are not available, then satisfactory evidence can be a letter from your employer. Absent a cooperative employer, business records of your employment might be enough. Corroborate the business records with affidavits from US citizens or green card holders. These affidavits would testify to the details of your work. Any false information on these business records or affidavits would be a big mistake. Once the application is filed, you are eligible for a work authorization card (work permit) and can then continue your job with good legal status until the application is decided. Given this good legal status you can work without fear of being detained by the immigration police while the application is pending (unless there is new criminal conduct or conviction).

January 20, 2006-Update on Congressional Schedule:

This website will track the progress of current immigration reform proposals, especially the McCain Bill. On the Senate side, the Judiciary Committee plans to begin formal hearings on the McCain Bill in February, 2006 after the Alito confirmation hearings conclude. After the Committee, the bill goes to the Senate floor. The leadership is committed to schedule floor time quickly for a full Senate debate on immigration reform. That could mean February or March, 2006. On the other side of the Congress, the House Judiciary Committee approved an immigration bill in December, 2005 and the entire House approved the bill. The bill makes no mention of new visas and is focused on border  protection and internal security. Of course, the House bill and any possible Senate bill would go to a Conferences of House and Senate conferees for reconciliaiton. In this process changes in the provisions are inevitable.

October 21, 2005- McCain Bill and Border Security:

The bill contains many sections on border security. The key provisions include the specifics for types of coordination among federal, state, and local police authorities regarding immigration problems. As background, Section 287 of the Immigration and Nationality Act (INA) already authorizes, but does not require, the performance of the functions of immigration officers by officers of state and local police. INA section 287(g). The authorization requires both a written agreement between the Attorney General and the relevant state or local authority and also the training of the local officials in federal immigration law. INA Section 287 (g)(2). Even without a written agreement, local officials are free to report the presence of undocumented aliens to local agents of the Attorney General.INA Section 287 (g)(9)(A)and (B). The McCain bill goes well beyond the INA statement of principles. In McCain, the language is phrased in terms of "data sharing" and combining "personnel and resource assets when practicable" (Section 121). Whatever coordination means, it does not mean that any additional authority is extended to state and local officials regarding immigration (Section 125). But the overlap in areas of coordination and those of delegation of present authority means that the extent of the jurisdiction of local police in immigration matters is once again on the bargaining table. The bill provides for the increased use of new technologies for border security purposes. For example, "unmanned aerial vehicles" are explicitly cited as a means of enhancing the detection of border violators (Section 123). There is no mention, still less discussion, of reconciling the increased need for border security with the increased encroachment of these technical solutions on the humans under their scan.  These portions of the McCain bill have no cachet in certain parts of this country, particularly the Northeast, but are basic and primary in many states, including many of those without borders with Canada or Mexico.

October 18, 2005 - McCain Bill-Status Report:

Read the actual bill at http://thomas.loc.gov and then click on "bill no." and enter the number --S1033. The bill is currently in the Committee on the Judiciary in the United States Senate. No action is expected until at least January 2006 as the committee has reserved time for the hearings on nominees to the U.S. Supreme Court. After the completion of the Roberts hearings, the President announced his choice for the O'Connor seat. Now there will be hearings on the nominee; these hearings are expected to last until late November. December is too short to start the hearings on immigration reform. The senior Republican on the committee mentioned yesterday that the bill would have parts on enhanced border security and parts on legalization for employers of their undocumented employees. 

October 15, 2005- McCain Bill and H5B Visas:

The bill creates a new visa, H5B, for those who lived in the states before May 12, 2005 and continuously after May 12, 2005. Based on old law, you probably can take brief breaks without breaking this residency but do so at the risk of disqualifying yourself. You must not have been in the states on May 12, 2005 in some other nonimmigrant visa. Examples of nonimmigrant visas would be tourist visas or business visas. You can be granted waivers for certain types of conduct, committed before May 12, 2005, that would otherwise make you inadmissible. You can be granted waivers for unauthorized work, for unauthorized entry into the states, for receipt of a deportation order after failure to attend removal proceedings, for use of false visas, for student visa abusers, for invalid documents at time of admission, and for certain aliens previously removed.  You must also establish that you were employed before May 12, 2005 and that you were employed continuously thereafter. The visa is valid for six years .- a period that cannot be shortened before you might apply for a green card.

September 6, 2005- The McCain Bill and Green Cards:

In the original version of the bill, there is a provision for changing from the new H 5 visa to legal permanent residence (green card). First you must receive the H 5 visa to qualify for this part of the bill. If you have received the H 5 then you must pay the usual fees for a green card application plus a penalty of $1,000 for each applicant 21 years of age or over. You must have worked consistently since the receipt of the H 5. You must produce your federal income tax returns or a plan, agreed to by the IRS, to pay off the monies due the government. You take the standard medical exam required of all green card applicants.  You must be admissible except for the waiver examples discussed below. You sign up for the draft, the Selective Service system, if you are between the ages of 18 and 26. You have no security issues. Finally you must demonstrate a level of capacity in the use of the English language and American civics as expected for citizenship tests. This last part allows for study of these areas and will doubtless be an issue for many aliens.  These provisions are taken from the first draft of the

September 4, 2005- The McCain Bill and Its Residency Requirement:

The bill requires presence in the United States on and "continuously " after May 12, 2005. What does continuously mean? Maybe this means what it says; you must have literally no break in residence. Maybe this means what it is taken to mean in other similar circumstances. A brief intermittent break of short duration may not break the "continuous" nature of your residency. For example a family tragedy or celebration requires your trip home for a few days or even weeks. If you can document the reasons for the trip by, for examples, a birth or death certificate, you may be in a good position to argue that your intent to reside in the states was not interrupted by the brief trip outside the states.  In this and other circumstances keep your original documents and store extra copies at more than one location. 

August 31, 2005- The McCain Bill and Waiver of Certain Prior Acts of Inadmissibility:

The proposed reform includes waivers for certain acts otherwise barring application for a non immigrant visa. The general statements of inadmissibility are set out generally in Section 212(a) of the Immigration and Nationality Act of 1952 as amended. The bill would provide waivers to certain provisions of 212(a). Specifically, you can apply for a waiver of the sections regarding those who worked without authorization frm the American government (212(a)(5)), entered the states without inspection or without parole (212(a)(6) (A)), failed to attend removal proceedings (B), acted fraudulently with respect to visas or other such documentation (C), or were stowaways(D). You may also apply for the waiver if you lack proper immigration documentation (212(a)(7)) or if you were previously removed (212(a)(9)). The last provision is emphasized by separate confirmation that 241(a)(5) (the expedited removal of an alien ordered removed and then returned to the states)  is waivable. These waiver provisions relate to acts taken before May 12, 2005. There is no waiver for the sections of 212 (a) that refer to criminal acts, security issues, and child batterers. Those that apply for the waiver would pay a penalty of $1500. These waiver provisions are taken from the first draft of the bill and are, of course, subject to revision in the legislative process.

August 30 2005- The McCain Bill and the New Visa-H 5A:

The immigration reform bill would create a new, non-immigrant visa, the H-5A. To receive the visa,you must have been in the states on and continuously after May 12, 2005. If you qualify, your spouse and children qualify. The technical level of the job is not important. The visa application process includes the need for a medical examination, standard for many non-immigrant visas. The visa applicant would pay the usual application fees and a penalty of $500 on application.The visa would be awarded for three years with a possiblity of a second three years. The visa is portable- you are not locked into the same job for the entire three or six years. After three years your employer can sponsor you for a green card; self sponsorship is also available under certain conditions. You must maintain a clean record, have no criminal convictions, and have paid your federal income taxes. There is an initial limit of 400,000 visas in the first year with provision for adjustments in later years. Immediate relatives do not count against the 400,000 cap.  These are only a few points in the original bill. Negotiations will produce changes and we will try to keep you up to date. Stay tuned. 

July 28, 2005- SENATE HEARINGS BEGIN ON McCAIN REFORM BILL:

The comprehensive reforms initiated by Sen. John McCain (R-Az) began the legislative process today with initial process. The bill was referred to the Senate's Committee on the Judiciary. The companion House bill is HR 2330. The co-sponsors of each bill demonstrate the breadth of opinion and the strength of sentiment for the bill. Expect a long legislative process. This site will keep you up to date on the progresss of this legislation through the Senate and the Congress. Read the actual bill, formally known as the Secure America and Orderly Immigration Act of 2005. The entire text of the bill is available at http://thomas.loc.gov and then enter the Senate bill number S. 1033. 

September 20, 2003-CHANGES IN CANADIAN IMMIGRATION LAW

-The Canadian government announced certain changes in their immigration laws that might benefit you. Generally, any applicant for American asylum may apply for Canadian asylum before the American government decides on the case.If you want to apply in such parallel fashion, do so early. The Canadian border is only five hours by car from the metro Boston area.The recent changes are to the point system. For example IT folks formerly had to score 75 points on the basic analysis of their credentials. Now the qualifying number is reduced to 67. That reduction changes how much education and work experience you or your spouse must present to the Canadians. Think about the changes by looking at the Canadian government website.

September 10, 2003-CONGRESSMAN McGOVERN (MA)-REMARKS TO THE HOUSE OF REPRESENTATIVES

-Mr. Speaker, over the past three years, I have raised many questions regarding U.S. policy in Colombia. In July, working with my good colleague from Missouri, Congressman Ike Skelton, the Ranking Member on the House Armed Services Committee, I offered an amendment that would have made a modest reduction in U.S. military aid to the Colombian Armed Forces as a signal of grave concern about the rapidly deteriorating human rights situation in Colombia and the continuing ties between the Colombian military and paramilitary forces. That measure was defeated, in part, because Members of Congress were reassured by Secretary of State Colin Powell and the Colombian government that President Uribe is a strong supporter of human rights and an ally in the fight against terrorism. Unfortunately, throughout the month of August and the first ten days of September, the human rights situation in Colombia has deteriorated even further. Scores of trade union and human rights leaders have been detained by official government forces in Arauca - one of President Uribe's highly-militarized showcase provinces and where nearly 300 U.S. military personnel are active in the counter-insurgency war. And what was their crime? Quite simply, they denounced the links between government security forces and paramilitary groups in the region. According to Amnesty International, the detentions "appear to be part of an on-going coordinated campaign to undermine the work of trade unionists and human rights activists and to expose those sectors to increased attack from army-backed paramilitaries." Also in August, the Commander in Chief of the Colombian Armed Forces, General Jorge Enrique Mora Rangel, held a press conference in which it was alleged that a village of resettled refugees, who were trying to protect themselves from armed actors by putting barbed wire around their village, somehow instead was a "FARC-controlled concentration camp," a remark that puts these refugees and the humanitarian organizations that serve them, including the U.N. High Commission for Refugees, at further risk. These accusations were made shortly after the Colombian Constitutional Court issued a decision allowing some of these organizations to proceed with a lawsuit against General Rito Alejo del Rio, for human rights abuses carried out when he was Commander of the 17th Brigade in northwestern Colombia. Over the past few months, one public attack after another against human rights defenders and organizations has been made by the very highest-ranking members of Colombia's government and military, culminating this week in statements by President Uribe himself. On Monday, September 8th, President Uribe, in a speech to Colombian military personnel, attacked human rights organizations as "politickers at the service of terrorism." President Uribe stated that human rights groups in Colombia are "terrorist agents and cowards who hide their political ideas behind human rights." These highly inflammatory and dangerous remarks came on the same day as some 80 human rights groups released a report critical of some of President Uribe's security measures, which in their view have increased repression against the civilian population. The report was issued by some of Colombia's most respected human rights groups, including the Colombian Commission of Jurists, the Consultancy for Human Rights, and the Jesuit-affiliated Center for Popular Education and Investigation. Equally disturbing, in President Uribe's speech to the military, the word "terrorist" is used only in reference to left-wing guerrilla forces; the paramilitary forces are referred to as "private justice groups," even though it is the paramilitary forces that are responsible for 70 percent of human rights violations committed against the civilian population and nearly all attacks against labor leaders and human rights defenders - and are on the U.S. State Department's list of terrorist organizations. All of us in Congress have seen this pattern before.We know that when high government and military officials start labeling civilian leaders and organizations as "terrorists" or "sympathizers," their deaths soon follow.When President Uribe made such statements, he knowingly and deliberately placed these democratic actors at great risk.The right to criticize, to disagree with official doctrine is a cornerstone of democracy. Let me be clear: Colombia is not threatened by national and international human rights organizations, UN officials, judges, or Colombian government officials whose responsibility it is to protect and promote human rights. Indeed, the most important step President Uribe could take to end terrorism within Colombia's borders is to investigate, prosecute, and punish all those responsible for violations of human rights and international humanitarian law - including the paramilitaries and their military allies. It is impunity, not human rights defenders, that is eroding any prospect for peace, democracy and the rule of law in Colombia. Sadly, U.S. policy is complicit in aiding and abetting this serious state of affairs in Colombia.Thank you, Mr. Speaker, and I yield back the balance of my time. Email Congressman Jim McGovern at http://www.house.gov/mcgovern.

8/21/03- FINAL GREEN CARD INTERVIEWS

You probably know by now the news of the deportation of a woman who showed up for a final interview for her green card. The woman was apparently faulted on a history of use/misuse of the 90 day holiday visa. The BCIS contended that she used the visas to resume a professional job here in the states, not to visit relatives, etc. If your facts are in any way similar and you have an upcoming spousal or work-related interview, consider the services of someone you are quite certain is an immigration lawyer.

8/15/03 -CHANCES OF THE RETURN OF 245i?

Rumors abound about 245i. When and, more importantly,if it ever passes Congress again you will want to find out the details.The past episodes with 245i suggest any repeat will have residency requirements. Build your own case.Keep records from the time you entered the country. Collect legal letters (affidavits) from friends now to verify that you were in the country at the time you in fact entered. If a witness is old or infirm, get the letter now.Save you basic bills as long as possible.Put telephone bills, electric bills, bank statements, pay stubs in a drawer or box and leave them alone.Build a paper trail.Tax records are the best evidence that you werein the states and are signs of good moral character.Old pictures are useful. Look around your place and put aside somewhere whatever you can find. When, and if,245i returns the documents will help to convince necessarily skeptical officers that your claims of residency are valid.

8/11/03-IMMIGRATION SCAMS:

 Most major cities have offices advertised as providers of so-called "Immigration Services". Be careful. In Massachusetts, the offices are on occasion scams to lure unsuspecting immigrants to pay for services that are not performed. The Attorney General of the state has even opened an immigration scam office to deal specifically with this problem.If you need help, ask friends for references and try to establish past track records. If the office advertisements do not advertise a staff name with the "Esq." after the name, there is no lawyer on the staff.The best advice is that if you have reason to be suspicious, stay away and find someone else.

7/6/03 -GREEN CARDS BY MARRIAGE:

Marriage to an American citizen may (and may not)make you eligible for a green card. Be very sure your future spouse is a citizen. The alien must have entered the states by visa or been paroled into the states or been otherwise inspected by immigration officers. If you did not enter the country legally you cannot become eligible for a green card by way of marriage. Legal entry under the visa waiver program (the program where a green,not white, entry card was put in your passport)is ok as you declare at arrival your intent to leave within 90 days. After you arrived there was a genuine change in your circumstances- for example,you fell in love.

RECENT ASYLUM DECISIONS IN THE IMMIGRATION COURTS:

For summaries of key asylum decisions, see the asylum alerts section of the Asylum Page.

5/2/03- SPOUSAL GREEN CARD APPLICATIONS-AGAIN POSSIBLE TO WALK IN:

The BCIS in Boston announced recently that it is again possible to walk-in green card applications for those citizens with an alien spouse. There are no more numerical caps on how many couples will be processed each day.Couples will be processed on a first come-first served basis in the JFK building. The building opens at 7:00am but the line forms before the opening time. The earlier the better-you should arrive before 5:00am.Couples might want to use the side door nearest Room E 160. An attorney can use the attorney drop box for mailed or walk-in deliveries.

4/10/03- SELECTIVE SERVICE REGISTRATION:

Men who receive a green card and are between the ages of 18 and 26 are required to register for the military draft, the Selective Service System. There has been no actual military draft since the 1970s but you must register. It is simple and quick. Check the telephone book for the local office or see www.sss.gov. Failure to register is a felony. For your immigration purposes, failure may be considered against you on the count of good moral character-one of the requirements you must meet for your application for citizenship.

4/10/03 -LABOR CERTIFICATION AND GREEN CARDS:

You should consider the program called labor certification as an underused method of the award of a green card.Labor certification is a process which employers have to undertake upon sponsoring an immigrant worker in to the USA. It is intensive, and the time lines vary from state to state. In short, labor certification is the process where them employer proves to the DOL and US BCIS that the immigrant coming into the US will work in a position that cannot be filled with a US worker. Labor certification has to be for a full time permanent position. Labor certification starts with the state offices of employment. In Massachusetts, this office is known as the Division of Employment and Training. This process is started by submitting Forms ETA 750, part A and B, which describe the duties and the minimum requirements for the position, as well as the employee's qualification. Time line differences can be experienced at the state level, then at the federal level where the Department of Labor (DOL) is involved, and at the BCIS processing. With this traditional filing, the DET directs an advertising campaign some time after the application is filed. Responses to the job advertisements posted in the workplace and area newspapers go to DET, and the employer must demonstrate that none of the applicants are qualified for the position. Massachusetts currently has a processing time of one to two years. The best way to go is through a process known as Reduction and Recruitment. This process is different because the company submits evidence of recruitment over the past six months along with the ETA 750 application. This process is significantly faster than the traditional labor certification. Goodwill is involved here on the part of the attorney working on the process. This part of the process sometimes takes 9-11 months before filing with US BCIS.Once it gets to BCIS, along with the labor certification, the employer files the I-140 petition for an immigrant worker. At BCIS, this takes six to nine months. Reduction and Recruitment-Advertisements: Advertisements must be posted in a leading area paper. Two advertisements are usually sufficient in a leading paper in the geographical area where the position is vacant, or in a leading journal in the field of employment. Sunday newspaper advertisements are preferred.The vacant position also has to be posted clearly in the place of employment. The posting has to fully explain details of the position. It has to remain posted for 10 business days. Following the approval of the I-140, the beneficiary if in the USA files the Form I-485 (Adjustment of Status) and this is mailed to INS Vermont for residents in the Eastern Service Centers jurisdiction. Vermont is currently taking 14-17 months. If the immigrant is abroad she/he applies for permanent residence at the US Consulate. The disadvantage of the Consulate is that the immigrant could be turned down and there may be no grounds for appeal. It is much better, whenever possible, to do Form I-485.Immigrants need to be aware that certain non-immigrant visas require non-immigrant intent, so an ongoing labor certification process may affect them trying for a student or visitor visa. There is a labor shortage in the states, particularly for many jobs without prior educational or experience requirements. Many jobs go unfilled because traditional Americans are reluctant to engage in whole areas of employment.Hotel,restaurant, and tourist businesses depend on new sources of labor. Check back here for the detailed comments as we have processed many labor applications with success.

 3/7/03 -TOURIST VISAS FOR 2003:

Last week the INS, in its closing days, abandoned plans to change the typical tourist visit from an automatic six months to a shorter discretionary period of one to three months. The proposed change in policy was abandoned after its implementation created an administrative nightmare.Key economic groups, especially tourism, were opposed to the plan. The result is that the standard tourist visa and the six month period of initial stay remain the rule.

3/2/03 -THE NEW DEPARTMENT OF HOMELAND SECURITY:

The new department (ministry) will include four major directorates (Border and Transportation Security, Emergency Preparedness and Response, Science and Technology, and Information Analysis and Infrastructure Protection).The Border and Transportation Security directorate will house the U.S. Customs Service, the Immigration and Naturalization Service, the Federal Protective Service, the Transportation Security Administration , the Federal Law Enforcement Training Center, Animal and Plant Health Inspection Service, and the Office for Domestic Preparedness. Outside of these four directorates, the old INS adjudications and benefits programs will exist as a separate bureau and report directly to the Deputy Secretary as the Bureau of Citizenship and Immigration Services (BCIS).This bureau (BCIS)is the key bureau for green card applications, visas, and the like.Here are the new immigration agencies and their links within the Department of Homeland Security. BCIS (Bureau of Citizenship and Immigration Services)= http://www.bcis.gov BICE (Bureau of Immigration and Customs Enforcement= http://www.bice.immigration.gov BCBP = (Bureau of Customs and Border Protections http://cbp.customs.gov 

2/11/03-BRAZILIAN VISAS-RECENT EXPERIENCES:

 This report is based on direct news updates in January 2003. In 2002 many Brazilian tourists went to the American Embassy to apply for tourist visas. Many received the visa for a shorter period than expected but they had their visas. After the purchase of the airline tickets and the arrangement of their trips, many arrived in Miami International in January 2003 and found that they were denied access to the United States even with a valid visa.Be advised that INS officers at points of departure such as airports have the power to deny entry if the officer has reason to believe the real purpose of the trip is residence in the states or some other illegal purpose. If the officer finds false documents then entry will certainly be denied.When you plan your trip prepare for any number of possibilities. The award of a visa in an embassy is not a guaranteed ticket into the states.

2/11/03- RUSSIAN TOURIST VISAS:

Russian tourist visas require more and different documents than was the case even a year ago. Be prepared to present letters, telephone records or whatever else you can find to prove a long relationship between the Russian visitor and the American host.Prove that the two know each other and that the visit is part of a continuing relationship. The immigration officials want assurance that the visitor will return to Russia at the end of the legal period of stay.

2/8/03- APPEAL YOUR CASE:

If you lose your case in immigration court you have the right of appeal to the Board of Immigration Appeals in Virginia. At the end of your trial the Judge will announce that you have thirty days to file a notice of appeal. Understand that the appeal notice must be RECEIVED in Virginia by the thirtieth day. Thereafter the Court will instruct you or your attorney as to deadlines for filing the brief and other documents.