New Policy Affects Tens of Thousand of Green-Card Applicants Waiting for FBI Name Checks Washington D.C; February 15, 2008 – The Sikh American Legal Defense and Education Fund (SALDEF), the nation’s oldest Sikh American civil rights and advocacy organization, welcomes the new procedure announced by the U.S. Government to expedite the permanent residency applications of thousands of immigrants in the United States. The new policy by U.S. Immigration and Custom’s Enforcement (USCIS) affects 47,000 permanent residency or green card applicants whose applications, which are otherwise completed but delayed due to FBI name checks. The new policy will give the FBI 180 days to complete the name checks. After the time threshold is passed, the new immigration documents will be provided to the applicant even if the FBI has not completed their check. However, the background checks will continue and DHS and the FBI reserve their right to revoke the legal status of someone if credible information is obtained to justify doing so. Unfortunately, this new USCIS policy does NOT apply to applications for naturalization. Since mid-2007, SALDEF has made dozens of official complaints in response to naturalization delay concerns from community members – some waiting over 4 years. In total, 44% of the 322,000 pending immigration name checks (which include naturalization and green cards) have waited over six months. In a December 2007 meeting with USCIS Director Emilio Gonzalez, SALDEF was informed that steps were being taken by the DHS and the FBI to address the thousands of applicants waiting for their naturalization due to name checks. SALDEF was told that “significant results” would be seen within six months. SALDEF feels the new USCIS policy expediting permanent residency and green card applications is an encouraging step in the right direction. We remain hopeful that the increased resources provided by the DHS and the FBI to deal with name check delays resolves this issue for hundreds of thousands of immigrants. If you or a community member you know is experiencing an immigration delay, contact SALDEF immediately at info@saldef.org or 202-393-2700. USCIS Director Emilio Gonzalez Testimony; Hearing on “Naturalization Delays: Causes, Consequences, and Solutions.” House Judiciary Committee, January 2008 E-Verify: Employment Eligibility Verification Program
SALDEF Welcomes New Green Card Processing Procedure
Clinic and Presentation to Address and Advise South Asians on Immigration-Related Concerns Washington D.C. – June 7, 2007: In order to help navigate the complex web of immigration and naturalization law, six leading national and local South Asian advocacy organizations are cosponsoring a free legal clinic and presentation on immigration-related issues on Sunday June 10, 2007. Participants will receive free legal advice from immigration attorneys on an individualized basis as well as learn more about family immigration policies and updates on the current immigration debate in Congress and its potential implications to non-citizens. Translation services will also be provided for those who speak Bengali, Guajarati, Punjabi, Hindi, and Urdu. What: Free Legal Clinic on Immigration Issues When: Sunday June 10, 2007 10:00 am to 1:30 pm Where: Gilchrist Center for Cultural Diversity 11319 Elkin Street Wheaton, MD 20902 Event Sponsored By: Asian Pacific American Legal Resource Center (APALRC), the Gilchrist Center for Cultural Diversity (GCCD), the DC Muslim Bar Association (DC-MBA), the Sikh American Legal Defense and Education Fund (SALDEF), the South Asian American Leaders of Tomorrow (SAALT), and the South Asian Bar Association of DC (SABA-DC) For more information please contact APALRC at (202) 393-3572 ext 19 or ext. 22.
Government Determines Improper Immigration Detention WASHINGTON, DC – An Immigration Judge recently terminated further deportation proceedings against a Sikh man who was wrongfully detained by the government for a period of over 14 weeks. Sikh Mediawatch and Resource Task Force (SMART), the leading national Sikh American civil rights and advocacy group, was notified about Singh’s status the day after he was detained. SMART’s Legal Department provided legal guidance and was consulted by Singh’s attorney. During his detention, SMART attorneys were also present at several court hearings in Boston and Chicago. J. Singh, whose name is being withheld upon his family’s request, approached immigration officials late last year to check on the status of his green card application. Thereafter, Mr. Singh was detained for 14 weeks, on grounds that he was subject to deportation and had failed to appear for prior removal proceedings. Mr. Singh was not provided with actual notice of prior removal proceedings, nor was he properly subject to deportation. While in confinement, Mr. Singh was denied the right to wear his religiously mandated turban, a violation of applicable immigration regulations. Several weeks ago, an Immigration Judge ordered Mr. Singh’s release from custody after government attorneys failed to show cause for his continued detention pending a final removal hearing. SMART thanks members of the Boston Sikh community who assisted Singh’s attorney and provided support to the Singh family over the past several months.