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READ CAREFULLY: You will need a valid passport to enter the US Green Card Lottery

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The US Department of State will now require foreign nationals who enter the Diversity Visa program, also known as the Green Card Lottery, to have valid unexpired passports.

In a document published on the Federal Register on Wednesday June 5th, the State Department says the principal petitioner will need to provide his/her passport information of the country he/she is a citizen of. Such information will include the passport number, issuing country, and passport expiration date. Derivatives listed on the entry form will not need to have passport at the time of the entry submission [but like before, will need passports at the time of the interview].

The State Department says the new requirement was necessitated by the significant number of fraudulent entries for the Diversity Visa program each year, noting that sometimes criminal enterprises submit entries for individuals without their knowledge. “Individuals or entities that submit unauthorized entries will often contact unwitting individuals whose identities were used on selected DV Program entries, inform them of the opportunity to apply for a diversity visa, and hold the entry information from the named petitioner in exchange for payment,” says the State Department.

The Department says requiring passport information will lead to less fraudulent entries submitted by third parties.

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Also new, the Department is adding a sentence in the regulations explicitly stating that individuals identified as entrants will be “disqualified if they fail to include all required information and comply with instructions.” Current instructions do not clearly state that failure to provide all required information will lead to disqualification.

With this rule, the Department is amending 22 CFR 42.33(b)(1) to require the petitioner to include on the electronic diversity visa entry form the unique serial or issuance number associated with the petitioner’s valid, unexpired passport; country or authority of passport issuance; and passport expiration date. These requirements will apply only to the principal petitioner and not derivatives listed on the entry form.

These requirements apply unless the petitioner is either stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State, consistent with the passport waivers for immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and (g)(2).

A petitioner who does not have a passport and is either stateless, is a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or has an individual waiver of the passport Start Printed Page 25990 requirement from the Secretary of Homeland Security and the Secretary of State, must indicate that he or she falls into one of these three circumstances on the electronic entry form, instead of providing passport information. The requirements for information from a valid passport will not be waived under any other circumstances.

The Department is also clarifying that failure to accurately include any information required by 22 CFR 42.33(b)(1) and (2) will result in mandatory disqualification of the petitioner for that fiscal year. The existing regulations require the petitioner to submit specific information, including, but not limited to: Name, date of birth, and place of birth for the principal petitioner and any relatives that may accompany the petitioner, if selected to apply for a diversity visa, as well as a digital photo. While these are currently requirements for the diversity visa entry form, existing regulations do not make clear the consequence for failure to provide the information. The revised regulation clarifies that failure to provide the required information, including a compliant photograph, will result in the disqualification of the entry, the petitioner, and derivatives from the DV Program for that fiscal year.

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Each year, the State Department makes 55,000 permanent resident visas (green cards) available on a lottery basis to nationals of countries with historically low immigration rates to the United States. An estimated 14 million people from around the world participate in the program each year by submitting their entries online on the DV Lottery website. The registration period normally runs between October and November, with the results being available early May. The latest program, DV-2020,  ran between October 2, 2018 and November 6, 2018. Results of DV-2020as well as DV-2019 are currently available at https://dvlottery.state.gov.

SOURCE: Mwakilishi.com

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Diaspora

Kenyan man gets life sentence for raping elderly US patient

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A Kenyan man has been sentenced to life imprisonment by a US court for sexually assaulting a 74-year-old patient at a medical facility where he was working.

Anthony Mamboleo Nyakeo, 53, was convicted Wednesday of two counts of aggravated sexual assault of an elderly or disabled person.

A Texas court handed him a life sentence on each account.

2018 CRIME

Nyakeo’s victim was living at the Woodridge Health and Rehabilitation Center in Grapevine, Texas when the crime occured in January 2018. She died late last year aged 75.

Evidence filed in court showed that the sexual assault was discovered after other nurses working at the facility found blood in the underwear of the victim.

 

“An exam found evidence of vaginal tearing consistent with sexual abuse and staff collected DNA that was eventually used to tie Mr Nyakeo to the assault,” Fox News reported.

After the discovery of the blood, all male staff at the facility at the time the suspected sexual assault took place were asked to undergo a DNA test. The Tarrant County District Attorney’s office told the court that Mr Nyakeo’s DNA sample “matched the sample recovered from the woman during her sexual assault exam.”

The court was also told that the Kenyan nurse, who immigrated to the US, raped the elderly woman despite knowing that she could not resist or consent to his sexual advances because of her medical condition.

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“She could not speak, feed herself or use the bathroom on her own as she wore a diaper and relied on staff. We are an ageing community and we each deserve the peace of mind of knowing we will be treated with dignity when such time comes,” Jordan Rolfe, the lead prosecutor told the court.

“The defendant violated that right, and the jury demonstrated with their sentence this kind of abuse against the vulnerable will not be tolerated here,” he added.

In his defence, Mr Nyakeo denied sexually assaulting the elderly woman. He claimed that someone took his DNA from a used condom and planted it on the victim’s body. His colleague however, who testified against him, said he had told his friends to lie to the court during the trial.

In addition prosecutors also said in court documents that Nyakeo had also sexually harassed his colleagues and that he attempted to leave Texas during the investigation.

    -Nation.co.ke

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Diaspora

Trump says he is seriously looking at ending birthright citizenship

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BY BMJ MURIITHI

U.S. President Donald Trump has rekindled debate over the pros and cons of right to citizenship by birth. On Wednesday, he said his administration is seriously looking at ending the right of citizenship for U.S.-born children of non-citizens.

Speaking to reporters outside the White House, Trump also said he intends to end the right of citizenship to people who illegally  immigrated to the United States

“We’re looking at that very seriously, birthright citizenship, where you have a baby on our land, you walk over the border, have a baby – congratulations, the baby is now a U.S. citizen. … It’s frankly ridiculous,” he said.

This is not the first time Trump is expressing his displeasure with the the 14th amendment which made it easier for people from other countries to easily assimilate into the system. In 2018,  he he  told Axios news website that he would end “birthright citizenship” through an executive order.

Experts have however said such a move would run afoul of the U.S. Constitution.

The Constitution’s 14th Amendment, which was passed after the US Civil War with the aim of ensuring that black Americans had full citizenship rights, granted citizenship to “all persons born or naturalized in the United States.”

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To date, that amendment has been used to grant citizenship to millions of people born in the United States, whether or not their parents are American citizens or legally in the country.

 

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Diaspora

Trump tightens Work Permit Rules for Immigrants Paroled into the US

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The Trump administration on Monday issued a new policy guideline that tightens in issuance of work permits to immigrants who have been paroled into the United States, including those who are otherwise inadmissible.

In the new policy guideline, contained in Volume 10 of the Policy Manual, The United States Citizenship and Immigration Services (USCIS) states that the agency has discretion to grant employment authorization to foreign nationals, and that applicants “are not entitled to employment authorization.”

USCIS says it will grant discretionary employment authorization on a case-by-case basis, “taking into account all factors and considering the totality of the circumstances of each individual case.” Such factors include the immigrant’s criminal record, and immigrant having been subject to a final removal order, or misrepresentation to an immigration officer.

Work permits are normally issued to foreign nationals who are paroled into the US for several reasons such as when adjusting status from a non-immigrant visa holder such as F-1 to an immigration visa holder/permanent resident or from an expired status to a green card holder. They are also issued to refugees/asylum applicants, as well as Temporary Protected Status (TPS) beneficiaries.

USCIS states that the need for the guidance arose from the “national emergency at the U.S. souther border where foreign nationals are entering the U.S. illegally.”

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Immigration advocates say the move is one of Trump administration’s efforts to limit the number of work permits issued. “This is where they were heading from the beginning. They want to see fewer [wok permit] issued,” Natalie Tynan, an immigration lawyer, and former Immigration and Customs Enforcement policy unit chief said.

-Mwakilishi.com

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