The U.S. Department of Health and Human Services’ (HHS) Center for Medicare and Medicaid Services (CMS) has released a set of Questions and Answers for State Medicaid Agencies regarding the Haitian earthquake crisis. The set of Question and Answers provided are exclusively applicable to Haitian nationals who are arriving in the United States from Haiti as a result of the recent earthquake and subsequent humanitarian disaster. These Q&As provide information particularly about the eligibility of Haitian nationals for Medicaid program.

For complete information, please click: Q & As for State Medicaid Agencies

The U.S. Department of Health and Human Services’ (DHHS) Office of Refugee Resettlement (ORR) has issued a State Letter to Refugee Coordinators, National Voluntary Agencies, and Other Interested Parties on “Cuban and Haitian Entrants”: Eligibility for ORR-Funded Benefits and Services. The Letter reviews the definition of “Cuban and Haitian entrant” as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services under the Refugee Education Assistance Act of 1980.  Under the Refugee Act, certain categories of Haitian nationals are eligible for financial assistance, medical assistance and social services that are in the United States.

For complete information, please click: State Letter #10-03

In line with the U.S. Department of Homeland Security’s (DHS’) commitment to provide certain forms of temporary relief to those who are unable to return to Haiti at this time due to the earthquake, the U.S. Citizenship and Immigration Services (USCIS) have decided on the following:

• Implement procedures to adjudicate favorably, where possible, applications for change or extension of nonimmigrant status following the expiration of an applicant’s period of admission;

• Grant an additional period of parole or advance parole in appropriate cases;

• Authorize “F” nonimmigrant students’ requests for off-campus employment work authorization;

• Expedite the processing of advance parole (AP) application and relative petitions for minor children from affected areas; and

• Grant employment authorization where appropriate.

Explaining the steps being taken as part of the U.S. relief to Haitians in a guidance memorandum to USCIS adjudicators, the USCIS Associate Director Alejandro N. Mayorkas said that the guidance will apply to nationals and habitual residents of Haiti some of whom may fall outside the scope of TPS.

For full news, please click: More Immigration Benefits for Haitians

Estimating that approximately 100,000 to 200,000 Haitians will be eligible for Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) have published Q&As on the subject. The Q&A covers all relevant questions such as eligibility for TPS, application requirements, procedure, application forms and fee, required documentation, etc.

For detailed Q&As, please follow the link: TPS for Haitians – Q&As

The U.S. Department of Homeland Security (DHS) has extended the designation of Sudan for temporary protected status (TPS) for 18 months from its current expiration date of May 2, 2010, through November 2, 2011. The U.S. Citizenship and Immigration Services (USCIS) have issued a notice to this effect, setting forth the procedures necessary for nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) with TPS to re-register and to apply for an extension of their employment authorization documents (EADs) with USCIS

Re-registration is limited to persons who previously registered for TPS under the designation of Sudan and whose applications have been granted pending. New EADs with a November 2, 2011, expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for EADs.

For full information, please click: Sudan TPS Extended

Constrained by the court’s dictum, the U.S. Citizenship and Immigration Services (USCIS) announced the reopening and extension of the public comment period for the interim rule “Commonwealth of the Northern Mariana Islands Worker Classification” for additional 30 days until December 27, 2009. The rule was published in the Federal Registrar on October 27, 2009 and was supposed to be effective on November 27, 2009. However, the U.S. District Court for the District of Columbia stayed its implementation until Department of homeland Security (DHS) considers public comments and issues a final notice.

For more details and USCIS addresses for comments to be sent, please click: Advance Copy of USCIS Interim Rule: CNMI Transitional Worker Classification; Reopening the Public Comment Period

The U.S. Citizenship and Immigration Services (USCIS) have published questions and answers that were raised and answered during the USCIS National Stakeholder Meeting, which was held on October 27, 2009. The questions and answers covered the areas such as fee waiver requests, bona fide standards for U visas and the adjustment of status applications by the U visa holders,  guidance on the provisions on TVPRA 2008, position on the July 2009 ORR Memo,  existing G-28 protocols,  SAVE system issues and the fee structure.

For complete information, please follow the link: USCIS Stakeholder Meeting Q&A

According to a latest update from U.S. Citizenship and Immigration Services (USCIS), the H-1B filing is hovering at 52,800 as of October 25, 2009. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. However, USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For full news, please click: H-1B Update

The U.S. Supreme Court asked the White House on Monday for an opinion on Arizona law that punishes businesses for hiring undocumented immigrants. A business group, The Chamber of Commerce is challenging the Arizona law as part of a coalition of corporate, labor and immigrant groups that range from the American Civil Liberties Union to Arizona Farm Bureau Federation. The impugned law that was written in 2006 allows private complaints to be filed against employers and penalizes those who knowingly hired illegal immigrants without proper documentation, requiring all employers to use an online verification system.

For complete information please click: U.S. Supreme Court seeks White House views on Arizona Immigration Law

The New York City Bar Association received a petition in October 2008 signed by 100 detainees in New York City’s Verick Street Detention Center describing cramped, filthy quarters where dire medical needs were ignored and hungry prisoners were put to work for $1 a day. The petitioners were among 250 detainees imprisoned in an immigration jail and 100 of whom are imprisoned without criminal charges. Sean Smith a Spokesman for Secretary of Homeland Security Janet Napolitano who oversees immigration enforcement said, “Immigration and Customs Enforcement considers the access to legal services at Verick Street as a good model.” In a report issued on Monday, the association’s City Bar Justice Center is calling for all immigrant detainees to be provided with counsel. An article to be published this month in The Fordham Law Review treats the Varick jail as a case study in the systemic barriers to legal representation.

For complete information please click: Immigrant Detainees – Where is the Access to Legal Services?