Immigration Law Updates June 6 2019. Immigration Law Show by Shah Peerally May 30 2019. 10 Important Facts about the K3 Visa visa process - US Immigration lawSan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose. By: Shah Peerally Esq. K3 Visa process – ten important facts you should remember. A US citizen, who marries a non-US citizen outside the country, can bring their spouse to the US without the help of a K3 Visa. However, the K3 Visa might shorten the waiting time for the procedure. Also called a spouse a K3 Visa is a non-immigrant Visa under which you can bring your spouse and even children to the US. Children need a K4 Visas, which is issued once the spouse is issued a K3 Visa.
Eligibility for a K3 Visa - In order to be eligible for a K3 visa, you must be married to a U.S. citizen - If you spouse (who is not a US citizen and needs a K3 visa) is already in the United States, then the marriage has to be done in the US. . – You must have a pending Form I-130 – Have a petition for ‘Alien Relative’, filed by a spouse who is a U.S. citizen on your behalf Important facts about the K3 Visa - 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Testimonial Sincerely, Nabeel. Did you know that many F1 students get U visas? 6 Tips on how to find your Automated I94 Travel History. As many of you have probably noticed, the Customs and Border Protection (CBP), a branch of the Department of Homeland Security, has implemented an electronic automated I-94 form for non immigrant visas entering the United States. Therefore, gone are the days when the small red, green and white little I-94 cards were used.
5 Tips how to answer an OPT/CPT RFE. Recently we have handled many RFEs (Request for Evidence) cases on OPT (Optional Practical Training) , H1B and H4 EAD RFEs based on OPT or CPT (Curriculum Practical Training). The idea of those RFEs are to make sure that the students did not abuse OPTs or CPTs. The most common questions on those are based on the time of the candidates F1 student/OPT visas namely: Proving that the students have actually attended classes including proving their living within commuting distance of the schools;How much was being paid under OPT and CPT;Details about the participating company in the CPT program;How many hours of CPT;andProving that CPT was an integral part of the curriculum and participation was required.
The above are but few RFE questions that we have encountered in several change of status applications or for OPT, H1B, and H4 visa/H EAD applications. It is incumbent upon the students to actually to properly understand the questions and answer them carefully. Tip #1. Immigration Law Updates May 23 2019. USCIS Modifies Asylum Interview Scheduling. USCIS, Jan. 31, 2018 – “U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims.
The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last five years, and the rate of new asylum applications has more than tripled. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS; Applications pending 21 days or less since filing; and All other pending applications, starting with newer filings and working back toward older filings. USCIS, Jan. 31, 2018 – “U.S. DHS lost motion to Dismiss on H4 EAD lawsuit against Save Jobs USA. As you all know there is an H4 EAD law suit going on and although Save Jobs USA lost the preliminary Injunction which was denied in May 2015, Save Jobs USA did not give up on the merits of the lawsuit.
Today according to Law360, the government failed to Nix the lawsuit. This means that government (DHS) was not able to get rid of the lawsuit. Now it seems the case will be going on for hearing on the merits. Prudential Revocation is causing fear to Travel. This rule is causing panic in the community of those who have F1 student visas, H1B visas, L1 visas or other non-immigrant visas especially the part about DUI or DWI (Driving under the influence). c. (U) Prudential Revocation for Driving Under the Influence: Either Post or the Department has the authority to prudentially revoke a visa on the basis of a potential INA 212(a)(1)(A) ineligibility when a Watchlist Promote Hit appears for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years.
This does not apply when the arrest has already been addressed within the context of a visa application; i.e., the individual has been through the panel physician’s assessment due to the arrest. This does not apply to other alcohol related arrests such as public intoxication that do not involve the operation of a vehicle. IS A MARRIAGE VALID FOR IMMIGRATION PURPOSES EVEN IF NOT CONSUMMATED? By: Shah Peerally Esq. Consummation of a marriage is basically defined as having a sexual relationship or sexual intercourse during the marital relationship and for immigration purposes it is an important factor in determining the bona fide of a relationship.
However, under the Matter of Peterson, 12 I&N Dec. 663 (BIA 1968), a marriage validity is not determined by consummation. H1 Transfer converted from Consular Processing to Change/Extension of Status. March 22 2016 – We are proud to announce that after a strategic approach, we have successfully reversed a partial denial on an H1B transfer to a change/extension of status.
Facts: Client came to see us stating that his lawyer got him an H1B change of employment but unfortunately was unable to get him an extension of status because USCIS believed he fell out of status. While it is frequent to get such sort of approval, in this case because Client’s lawyer mistakenly did not file the extension and his amendment in the right way, USCIS only partially approved the change of employment refusing categorically to accept the extension of status. His lawyer tried to again to get an extension of status but it was denied again by the USCIS. Our approach: We took the case and contacted the representatives and ultimately re-negotiated with USCIS and guided the client.
Finally after one month, Client case was reversed without an appeal and obtain a new approval with H1B visa extension of status. 4 Ways to deal waiting on your EB2 immigrant visa if you are from India. By: Shah Peerally Esq.
Some time back, the State Department released an EB Demand Data report which shows a sudden unprecedented growth in EB2-India cases since the year 2007. This is about 33 times more, than normal, compared to the number of EB2-India cases that are pending in 2012 as compared to 2007. Comparatively, EB3-India has had a pretty modest growth. Close on its heels is the news bulletin from November 2012 which brings a fresh dose of disappointment for Indian nationals waiting on their EB2 immigrant visa, all over again. The EB2-India list almost refuses to move and remains stuck in 2007. What happens at the Port of Entry (Airport) when entering on a non-immigrant visa.
Contrary to popular belief, a non-immigrant such as H1B visa, B1/B2 visa, F1 visa are no guarantees of entry in the United States. A visa stamp on the passport is just a document to board a plane and to come to the port of entry, where an immigration officer (Custom Border Patrol aka CBP officer) will make a determination whether they will let you inside or not. At the airport, the officer will look at your visa, ask you questions on the purpose of your entry, and take a fingerprint notice and “eye scan” then weigh in if they will let you inside the United States.
The officer might also put you in secondary inspection, where you might be held for few hours and questioned then the officer(s) will decide: a) to allow you inside the United States; b) deny you entry and ask you to leave without marking it as removal; or c) put you in summary removal proceedings (which carries a bar of 5 years non entry) These are possible questions which you might get at the airport: a. Willful Misrepresentation or Fraud in providing Documents to apply for H1B, or OPT. April 8 2016 – Some of the students of the University of Northern New Jersey (UNNJ) who applied for an OPT or an H1B visa, have been receiving a number of requests for evidence (RFEs) based on their physical and actual attendance of UNNJ classes including but not limited to transcripts, parking space receipts, attendance records, etc. Since UNNJ was not a real school per se, many of those records were wrongfully obtained either through the brokers or the school administrations. As such bogus parking space receipts, false attendance records and false transcripts were provided to students to prove their RFEs.
Such documents were actually mentioned in the complaints of the Department of Justice against some of the agents/brokers in making their complaints. How to Deal with Failure to Register for Selective Service on your Citizenship case. In general, males must register with Selective Service within 30 days of their 18th birthday but not after reaching 26 years of age. The U.S. Government suspended the registration in April of 1975 and resumed it in 1980.
An applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the good order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States.Applicants may register for Selective Service at their local post office, return a Selective Service registration card received by mail, or online at the Selective Service System website.Confirmation of registration may be obtained by calling (847) 688-6888 or online at www.sss.gov. The officer may also accept other persuasive evidence presented by an applicant as proof of registration. 2. U Visa Travelling. Few reasons why you should not travel as a U visa applicant or on a U visa nonimmigrant status.
We are often asked by U visa applicants or U approved nonimmigrants who are presently in the United States about travel abroad during a pending application or after their U visa is approved before applying for adjustment of status is filed. We first do not recommend to travel because of the possible complications which may include the situation enumerated below: It is often the case that U visa applicants and U nonimmigrants usually have duty to cooperate with law enforcement or the entity which is working on their case.
Immigration Law Updates May 16 2019. I-212 Waivers: Getting Around the Reentry Bar. Upon being removed (formerly called “deported”) from the U.S., one is barred – that is, prohibited – from reentering the country for a set number of years, and perhaps permanently, depending on the reason the person was removed. If, after being removed, the person illegally (or attempts to illegally) reenter the U.S., they may also be permanently barred and inadmissible to the U.S. To be legally admitted to the U.S. while the bar still applies, you must apply for and obtain an I-212 waiver. How to prove Domicile in the United States for immigration purposes? - Family Based ImmigraionSan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose.
Whenever a petitioner is filing for a beneficiary especially in family based petitions, INA Section 213A requires that the petitioner who is sponsoring for a legal permanent residence or green card to be domiciled in the United States. By simple definition domicile is the place where the sponsor petitioner resides and intent to reside in the foreseeable future. If a sponsor petitioner is residing abroad usually in the past two years, the State Department or the Department of Homeland Security might require the sponsor to prove that the sponsor’s principal residence is the United States. US Visa for Australian Nationals, E3-Visa An Alternative to H1B for Australians- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services- California Best Perm Labor Certification Imm. Can an H4 Visa holder engage in employment abroad (remote work) while inside the United States? The question above cannot be easily answered.
Immigration Law Updates May 9 2019 by Shah Peerally. Best Immigration Lawyers in California, Washington DC. New USCIS Proposed Rule to increase fees on H1B and other visas by around 21% Possible Options for H4 Children Dependents Turning 21. Immigration For those from India and China on EB2 and EB3 visas, the waiting time is far too long (see petition for reduction Of EB2 and EB3 time).
Transfer Spouse Priority Dates - Cross country chargeability. By: Shah Peerally Esq.I have a question regarding my GC processing I have a petition filed I-485 with the USCIS, and it was filled in 2007 and its in the EB3 category and since the movement in the EB3 category pretty slow my wife’s employer is currently willing to process her petition in EB2 category, would it be possible for her to port my date for her application?
Shah Peerally Law Show May 2 2019 - Immigration Updates. Latest Update on Provisional I-601A Waiver, I-601A Waiver Lawyers. I-212 Application for Admission After Removal. What is an I-212 Application?
The O1 visas - an alternative to H1B for STEM OPTs. US Immigration Benefits and Issues By Country. The world is full of countries. There are officially 191 countries listed and recognized in the world, and there are more which are still being contested. Workers of Extraordinary Ability Visa. EB1 A with Sharif Silmi Esq. Who is entitled to file under the provisions of VAWA? Vawa-Violence Against Women Act -Vawa Lawyers California. VAWA – A Solution to Immigrants in Abusive Relationships VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children.
Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships from loosing their status in the United States or getting deported from the United States. U Visa Immigration Lawyers, Criminal Victim Visa Lawyer California, U Visa Services, U Visa Attorney: Shah Peerally Law Group- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services. DOL Signing U-Visa Certifications. “I Do” is not enough for USCIS. Travelling Outside the U.S More Than One Year as a Lawful Permanent Resident. INA 212(d)(3) Non-immigrant Visa Waiver Lawyers. Visit the USA. Immigrant Visa Waiver- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services. Immigration Consequences of Mergers, Acquisitions, and other forms of Corporate Restructuring. Asylee/Refugee Immigration Lawyers , Asylum or Refugee Status- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services.
TPS Granted to Citizens of Yemen. How to file and AOS. Q : How Can I Invite Someone to the U.S. to Visit?, Family Petition, Marriage Petition- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services- California Best Perm Labor Certificat. What is the EB-1-2 or EB1-B & Common Issues Related to This Application. Immigration Law Show March 28 2019 - Shah Peerally Law Show. H4-RFE-EAD. Immigration 'How to guide' U Visa Fraud. B1/B2 visa to adjustment of statusSan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose. US citizenship delay after interview. What are my options on H4 visa? H4 Visa Attorney Attorney California. What you need to know about H4 employment authorization - Shah Peerally Law Group PCSan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose. USCIS Policy Memo L1B. Green Cards Available to Physicians Through the National Interest Waiver- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services.
Do I have to be divorced before filing VAWA? Latest L1 Memo & L-1B Classification. Shah Peerally Law Show March 14 2019. - California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services- California Best Perm Labor Certification Immigration Lawyer provides. Immigration Law Show in conversation with Sharif Silmi. Immigration Law Show Feb 28 2019. Trump’s tough student and work visa policies are pushing legal immigrants to Canada.
Immigration How To Guide: How to Bring Your Parents to USA. How bring your parents to the United States? L1 Blanket - Easy way out but not so easy! L1 Blanket. Shah Peerally Law Show - Feb 21 2019. H4 ead Updates - Government moving forward in removing H4 EAD. I 539 Change Of Form And Biometrics Fees for Change of Status/Extension of Status. USCIS to Publish Revised Form I-539 and New Form I-539A. Employment based Green Card under Trump. What is the EB-1-2 or EB1-B & Common Issues Related to This Application- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services.
Immigration Law Show by Shah Peerrally - Jan 31 2019. Shah Peerally Law Show January 17 2019 by Shah Peerally, Esq. Breaking News - F1 Students Arrested based on fake university. Increase in denials of H1B and RFEs - report FY 2017. Invest in USA and get a Visa. E2 Visa USA - Investing in the USA and get an E2 Visa! Shah Peerally Law Show January 17 2019 by Shah Peerally, Esq. Immigration law show January 10 2019. Eb1A with Shah Peerally and Sharif Silmi, Esq - Law Updates Dec 27 2018. Immigration Law Show Dec 20 2018 - VAWA and Family Petitions. Immigration Law Updates December 13 2018. Denials of Visa at the US Consulate I US embassy. Frequently asked questions- Employment Based Immigration. 6 Tips on how to find your Automated I94 Travel HistorySan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose. Immigration Law Show - Special Visa Bulletin October 2018. USCIS using filing dates chart on the Visa Bulletin for October 2018.
October 2018 Visa Bulletin sees a jump on EB1, EB2 and EB3 for India. Transfer Spouse Priority Dates - Cross country chargeability. H4 EAD updates and other immigration issues - August 6 2018. Implication of removal of Premium on September 11 2018 I Law Show Aug 30 2018 - USCIS planning to increase premium fees from $1225 to $1410 as from October 1 2018. Medicare supplement or Medigap Insurance Plan. Using the L1A as an investor Visa. Premium Processing suspended H1B.