USICE Form I-9 Audit Inspection Overview and Penalties

December 3, 2009 - The United States Immigration and Customs Enforcement (USICE) has provided an overview of the Form I-9 inspection and investigation process. In this overview, the USICE explains the nature, process and the financial penalties that may be imposed as a result of violations. It also discusses when criminal prosecutions may be pursued for violators along with civil fines. Employers found to be in violation may also be subject to debarment, meaning that the employer will be precluded from participating in future federal contracts and from receiving other governmental benefits.

The memorandum also describes the common types of notices issued by the USCIS after inspections, as follows: Notice of Inspection Results; Notice of Suspect Documents; Notice of Discrepancies; Notice of Technical or Procedural Failures; Warning Notice and Notice of Intent to Fine. Finally, a chart is provided that summarizes the fines and penalties that are levied for the various levels of infractions and to those employers who continue to be in violation.

pdf [Review the Entire USICE I-9 Inspection Overview Memorandum]

Removal/Deportation Immigration Detention Facilities List Update

As of November 23, 2009, the USCIS released a comprehensive list of immigration detentions centers and facilities. These facilities are typically used to hold aliens in removal or deportation proceedings whose cases are pending in front of an immigration judge in an immigration court.

This list also assists friends and families of detained aliens and/or those in deportation or removal proceeding in locating the alien by determining the location where the alien is being held.

pdf [Review the Revised List of Immigration Detention Facilities]

USCIS-Permanent Residency for Surviving Spouses and Children Of Citizens

By Memorandum dated December 14, 2009, Secretary Napolitano and Director Mayorkas have announced the implementation of the new law proving permanent residency (Green Card) eligibility for surviving spouses and children of U.S. citizens.

Under this new law and directive recently signed by President Obama, all widows and/or widowers and children of U.S. citizens are eligible to apply for green card status regardless of how long the couple was married. Previously, affected widows/widowers had to show that they were married to the U.S. citizen for at least 2 years.

This new law applies to widows/widowers living abroad as well as those residing in the United States who seek to apply for adjustment of status.

pdf [Review the Announcement For Surviving Spouses and Children of Citizens]

Widow(er), Children of U.S. Citizen Green Card Application-FAQs

The USCIS has issued a memorandum answering frequently asked questions on the newly enacted law regarding permanent residency for surviving spouses and children of deceased U.S. citizens. The memorandum addresses questions on how to handle the process where:

A Form I-130 is Pending
A Form I-130 is approved before the death of the U.S. citizen
An I-485 Petition is pending
A widow(er) who has not pending application at all
What happens to children of widow(er)

The memorandum also explains what USCIS forms to use for the filing of applications, how to obtain employment authorization, Form I-751, Form I-360 as well as the effect of remarriage on the applications. The memorandum further gives guidance to those in removal or deportation proceedings.

pdf [Review the Question and Answers For Surviving Spouse Applications]

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