ICE to Increase I-9 Audits of Employers
A senior offical has announced that his agency will intensify a crackdown on employers of workers in the country illegally. The new chief of US Immigration & Customs Enforcement, a unit of the Department of Homeland Security, said his agency will increase the number of companies it will audit and systematically impose fines on violators. Some violations could lead to criminal charges.
VSC Fails to Send RFEs Resulting in Denials
The Vermont Service Center has advised that about 1000 Requests for Evidence that were prepared, were erroneously not sent out. These RFEs are dated June 4, 2009. Approximately 300 of these cases were denied based on abandonment. However, VSC will re-open on service motion and re-send the RFE. If a motion was filed, VSC will refund the fee.DHS Takes Position on Asylum Claims Based on Domestic Violence
The Obama administration has opened the door for foreign women who have suffered brutal domestic violence in their home countries to receive asylum in the
To be eligible for asylum status in the United States an applicant must demonstrate a well-founded fear of persecution on account of her race, religion, nationality, political opinion, or membership in a particular social group. Of the five protected grounds, particular social group is the least well-defined and understood.
To prevail on an asylum claim, victims of domestic violence must establish that they are members of a social group which is particular, visible, and immutable. For practitioners, articulating a clearly delineated social group which exhibits all of the aforementioned characteristics is often very challenging. In an effort to help practitioners and to create uniformity in the law, the Department of Homeland Security posited two variations of social groups which could establish a cognizable asylum claim for victims of domestic violence. The Department stated that these social groups are best defined in light of evidence regarding how the applicant’s abuser and her society perceive her role within the domestic relationship. The first group articulated by the department includes women whose partners believe they occupy a subordinate position in the domestic relationship and who are unable to leave the relationship due to this inferior status. The second includes women who are viewed as property by virtue of their position in the domestic relationship.
Under this new framework, if an applicant can show that the domestic violence she suffered was on account of being a member in one of the Department’s posited social groups she will be eligible to receive asylum, if she can prove the other statutory requirements for an asylum claim. Now, victims of domestic violence will find it easier to articulate and prevail on their asylum claims. We applaud the Department for taking a clear stance on this worthy issue and for recognizing the importance of keeping the door open for the protection of foreign women who have suffered severe domestic violence.
September Visa Bulletin -- Still Backlogged
The September Visa Bulletin continues to reflect the unavailability of third preference visas and a backlogg of immigrant visas available to nationals of China and India in the second preference category. The State Department has indicated that the first perference cateogry could soon be backlogged as well for nationals of China and India. We urged qulified individuals to file their petition and take advantage of the premium processing program. We expect the third-preference category to become available again with the start of the new fiscal year in October. Stay tuned.