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In Brief Calif. college raided, CEO charged with visa fraud SUNNYVALE, Calif.: Federal authorities have raided a Silicon Valley college and arrested its CEO on suspicion of visa fraud. The San Jose Mercury News reports that federal agents raided Herguan University, an unaccredited college in Sunnyvale that has attracted foreigners with student visas. CEO Jerry Wang was arrested at his Santa Clara home and charged in a 15-count indictment that could send him to prison for up to 23 years and lead to more than $1 million in fines. The indictment claims the 32-yearold Wang and others at Herguan submitted false documents, false transfer letters and made false statements to federal regulators. About 450 students, mostly from India, are enrolled at Herguan, which offers business and computer science degrees. It's unclear how the case will affect their visa status. -AP

Human immigrants smuggler guilty in Texas wreck CORPUS CHRISTI, Texas: A Houston man has pleaded guilty in a South Texas human smuggling case and wreck that left an immigrant dead. Prosecutors say 22-year-old Leonel Alvaro Abundis-Carreon pleaded guilty in Corpus Christi to conspiracy to transport 14 suspected illegal immigrants. He also pleaded guilty to causing serious bodily injury to a person. Sentencing is Oct. 30. AbundisCarreon, who remains in custody, faces up to 20 years in federal prison. -AP

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India Post

August 17, 2012

Feds oppose bid by immigrant to be lawyer in Calif SAN FRANCISCO: Federal officials have opposed the attempt of a Mexican immigrant living in the U.S. without legal permission to become a lawyer in California. Detais on page 42

360k more immigrants eligible for late deportation WASHINGTON: About 350,000 more illegal immigrants than previously thought could earn an extra two years in the U.S. when President Barack Obama's new policy takes effect, according to the Migration Policy Institute. Under the Deferred Action for Childhood Arrivals program, students age 30 or younger who are enrolled in school on the day they apply will now be eligible for a two-year reprieve from deportation if they demonstrate that they came to the U.S. before their 16th birthday; lived there for the past five years; and have not been convicted of certain crimes or pose a national security threat. Before the new rule was announced, the program was slated to be open to students enrolled in school as of June 15, 2012, or those who have graduated high school, received a GED or honorably left the armed services, including the Coast Guard. Obama's policy takes effect Aug. 15, and the government will

begin accepting applications for deferral that same day. The application includes a fee of $465 used to fund the program, though exemptions will be provided for minors, homeless youth and youth with chronic disabilities that fall below 150 percent of the U.S. poverty level.

Institution for Science, Doris Meissner, Director of the institute's U.S. Immigration Policy Program, said as many as 1.76 million people could be eligible, based on new guidance the Homeland Security Department released Friday. Jeanne Batalova, an author of the report, said the program is ``a

The Homeland Security Department previously said that it could need to hire more than 1,400 full-time employees, as well as contractors, to handle the requests coming in Applicants who are denied deferral will not have the option to appeal. Those approved will be able to separately apply for work authorization in the U.S. The institute estimated in June that 1.4 million unauthorized immigrants could benefit from the program. Those estimates only included students who were enrolled in school as of that date. Speaking Tuesday at a panel at the Carnegie

powerful incentive to go back to school'' for young people who previously were not continuing their education. Alejandro Mayorkas, director of U.S. Citizenship and Immigration Services, emphasized that the program only serves to delay deportation for successful applicants, without excusing ``past unlawful presence.'' ``It does not provide a pathway

to permanent residence or citizenship,'' Mayorkas said. The Homeland Security Department previously said that it could need to hire more than 1,400 full-time employees, as well as contractors, to handle the requests coming in. Mayorkas said both the number of applications and the pace at which they come in will determine how long it takes service centers throughout the U.S. to process them. ``In other words, will the agency experience a steady flow of volume from August 15th forward,'' Mayorkas said. ``Will people who wish to request deferred action, will they file very quickly,'' or will they wait to see the outcome for other applicants. Muzaffar Chishti, director of the institute's office at New York University's School of Law, said applicants' early reaction to the program and confidentiality for them, their families and their employers would be ``very critical'' for building confidence among potential beneficiaries. -AP

New office for EB-5 investor visa program CYRUS D. MEHTA

Denver varsity moves ahead with illegal immigrant tuition DENVER: Metropolitan State University of Denver is moving ahead with its new tuition rate for illegal immigrant students. Former House speaker and Metro trustee Terrance Carroll told The Denver Post that the school is not looking for a fight. But he adds the school is willing and able to defend its decision. The school's decision in June drew criticism from Republicans who rejected Democrats' legislation this session to make higher education less expensive for illegal immigrants. Attorney General John Suthers has issued a legal opinion that says the school's decision is ``not supported by governing law.'' -AP


.S. Citizenship and Immi gration Services (USCIS) has announced formation of a new EB-5 program office. Also, USCIS released the latest thirdquarter statistics on its stakeholder call in late July, and released a summary of questions and answers from the previous stakeholder meeting in May. USCIS also announced that it plans to release a new version of its draft EB-5 policy memo soon. Highlights of the latest developments are included below. New EB-5 program office: On July 18, USCIS Director Alejandro Mayorkas announced the creation of a new office to oversee administration of the EB-5 immigrant investor visa program. The office will be led by a new Chief of Immigrant Investor Programs. The position opening was announced the same day.

Director Mayorkas noted that the EB-5 program "has spurred the creation of tens of thousands of new jobs and the injection of billions of dollars into the U.S. economy since Congress created the program in 1990." Interest in the EB-5 program has grown exponentially in recent years, he noted,

Alien Entrepreneur) petitions. Director Mayorkas said this was more than triple the number approved in all of FY 2009. "Since 2009, we have quadrupled the size of the EB-5 adjudications team and brought on board eight expert economists dedicated to the EB-5 program to ensure that EB-5 cases

Director Mayorkas noted that the EB-5 program "has spurred the creation of tens of thousands of new jobs and the injection of billions of dollars into the US both from domestic project developers seeking capital and foreign investors who have the capital that can fuel economic growth. In fiscal year (FY) 2012 to date, USCIS approved more than 3,000 Form I-526 (Immigrant Petition by

are handled expeditiously and with appropriate expertise." By the end of July, a Review Board consisting of two Supervisory Immigration Services Officers and one economist "will review every pending application for re-

gional center designation for which a denial has been recommended, with applicants receiving the opportunity to discuss their cases in-person before any final adverse decision is rendered," Director Mayorkas said. Third-quarter statistics: USCIS said it has approved over 3,000 I526 (Immigrant Petition by Alien Entrepreneur) petitions so far this year, and that the number of I-829 (Petition by Entrepreneur to Remove Conditions) filings has decreased. USCIS expects to see more filed in the fourth quarter. According to the latest EB-5 program statistics based on preliminary data for the third quarter of FY 2012, USCIS received 4,156 I-526 (Immigrant Petition by Alien Entrepreneur) petitions and had approved 3,002 and denied 775 so far. Cont’d on page 41


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