Rouses Point, N.Y. – U.S. Customs and Border Protection Buffalo Field Office, announced the apprehension and arrest of three Chinese nationals illegally present in the United States. The three male citizens of China apparently were destined to Burlington, Vt. when they took a wrong turn and ended up at the Rouses Point Border Crossing on November 18.

Thirty-one-year-old Quing Wu, 50-year-old Binhua Zheng and 46-year-old Songbin Piao, all citizens of China were encountered at the Rouses Point port of entry. The individuals were denied admission into Canada and were turned back to the U.S. side of the border. Due to a lack of identification and clear itinerary, the vehicle and occupants were escorted into the secondary inspection area.

Record checks and interviews conducted by CBP officers on the subjects revealed that they were all illegally present in the United States. Two of the men claim to have entered illegally while the third subject entered legally but had overstayed his visitor’s visa. All three had been working without authorization in the Plattsburgh area and were destined to another job in Vermont.

The three subjects were arrested by CBP and are being held at the Clinton county jail pending a deportation hearing before an Immigration Judge.

“These subjects have been living and working in the U.S. illegally for 4 years or more prior to being arrested by our officers,” stated James T. Engleman, CBP director of Field Operations for the Buffalo Field Office. “Intercepting and arresting violators of our immigration laws at our borders is a very important part of CBP’s mission. I commend the thorough inspection by our officers leading to these arrests.”

Over the years, the number of foreigners entering the country has significantly increased. As many sources state, the reason for the influx of immigrants to the US is attributed to more work opportunities and better sources of income for professionals. However, getting permission to work in the US is not a simple process, as there are legal issues regarding foreign employees. At the same time, certain benefits like medical assistance and education will not be available if a foreigner is not recognized as a US immigrant or permanent resident.

With all these concerns in mind, help from a reliable immigration lawyer is needed. Issues regarding citizenship and immigration may take a long time to be resolved if a professional such as an immigration lawyer is not around. The lawyer’s duty is to make the process easy for you to understand. At the same time, the lawyer provides information such as forms, submission procedures, and the like, so that you are well-guided about the proper methods for filing petitions, whether it is for a visa or a green card.

In some cases wherein a foreign employee is not assisted by his or her company regarding his petition for working visa, the immigration lawyer will represent the client, and ensure that he or she gets the paperwork and attention he deserves. With issues regarding marriage to a  US citizen, these lawyers also assist the foreign spouses with their applications. The immigration lawyer is also very helpful in case you are not getting quick responses regarding applications you have filed a long time ago. Usually, immigration lawyers have connections with concerned agencies to help speed up the process for you. With an experienced and reliable immigration attorney, you can be assured that your files are in good hands, and you won’t fret about getting denied because of improperly completed forms.

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions.

Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

The normal (non-premium processing) adjudication time frame for H-2B petitions is 60 days.  USCIS will make visa numbers available to petitions in the order in which the petitions are filed.  However, because H-2B petitions (Form I-129) for fiscal year 2009 visas must be received, evaluated, and adjudicated on or before the fiscal year 2009 deadline of Sept. 30, 2009, USCIS cannot guarantee approval of any H-2B petition on or before the Sept. 30, 2009 deadline.  Employers therefore are encouraged to file as soon as possible and to request premium processing by filing a Form I-907 and submitting the $1000 premium processing fee, which will allow for expedited adjudication.  See http://www.uscis.gov/premiumprocessing.

To qualify for a fiscal year 2009 H-2B cap number, employers must:

• Submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition.

The petitioner must also indicate an employment start date before Oct. 1, 2009.

Petitions received on or after Oct. 1, 2009, and/or requesting a starting date on or after Oct. 1, 2009, will be considered towards the fiscal year 2010 H-2B cap and are subject to all eligibility requirements for fiscal year 2010 H-2B filings, including 8 CFR 214.2(h)(6)(iv)(D), which requires that the start date listed on the petition be the same as the starting date authorized on the temporary labor certification.

The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs for which there is a shortage of available U.S. workers. Typically, H-2B workers fill labor needs in occupational areas such as education, construction, health care, landscaping,  manufacturing, food service/processing, and resort/hospitality services.

For more information about this reopening of the H-2B fiscal year 2009 filing period, please see the related list of questions and answers. More information about the H-2B visa program is available in the USCIS guide, “How Do I Hire a Foreign National for Short-Term Employment in the United States,” please see Related Links on the right of this page or by calling USCIS’ National Customer Service Center at 1-800-375-5283.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) and the National Archives and Records Administration took a major step today for personal, historical and genealogical research with a formal schedule to begin the transfer of alien registration files (A-files) for permanent retention at the National Archives.  Archival processing of approximately 135,000 files could be completed by next summer and available for public access.

The schedule was formalized in a signing ceremony at the National Archives in Washington.  Gregory B. Smith, Associate Director, USCIS and Chief, National Security and Records Verification Directorate, delivered the first files to Adrienne Thomas, Acting Archivist of the United States, who signed the new schedule.

“Immigration is one of the most significant aspects of the American experience,” said Smith.  The information contained in the A-file is unique.  No other type of case file contains the same level of comprehensive personal data…especially concerning the alien’s interaction with USCIS and the former Immigration and Naturalization Service, and their request for resident status and/or citizenship.  This ensures that the records contained within the A-File will be retained forever in our National Archives – preserving a rich and important part of America’s immigration history.”

“These A-files are a key to unlocking the fascinating stories of millions of people who traveled to the United States in search of opportunity,” added Thomas.  “The National Archives is delighted that it will be able to safeguard the unique and important stories of brave men and women who left their homelands in search of a better life.”

The A-file is a series of records consisting of numbered files used to document the complete history of the interaction between an alien and the U.S. government.  The file is unique in that it not only contains routine demographic information, but may also include photographs, foreign birth certificates, marriage licenses, interview transcripts or actual recordings, and more.  Currently, USCIS maintains approximately 53 million A-files; of these, about 21 million have been retired to a Federal Records Center.

Previously, the A-file was considered a ‘temporary record’ and could possibly have been disposed of 75 years from the date the file was retired to a Federal Records Center or 75 years from the date of last action.  Now, the A-file becomes a permanent record which will transfer to National Archives custody 100 years from the individual’s date of birth.  Newly-eligible files will be transferred to the National Archives every five years.

After transfer to the National Archives, the majority of files will be housed at the National Archives in Kansas City.  Files on immigration through the port of San Francisco will be housed at the National Archives in San Francisco.  Once these records have been transferred, they will be available in the research rooms at these two National Archives facilities.  Copies will also be available through the mail.

Additional immigration-related information and links to resources geared specifically for genealogical research is available online from the Related Links of this page.