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Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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H-1B Premium Processing is Further Suspended

Tiyalaw — Tue, 28 Aug 2018 22:54:37 +0000

H-1B Premium Processing is Further Suspended

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) is further suspending premium processing until February 19, 2019 for all H-1Bs Petitions filed with California and Vermont Service Centers except for the following:

1. Cap-exempt H-1B Petitions by cap-exempt employers filed with California Service Center.

2. H-1B Petitions without any change or amendment filed with Nebraska Service Center.

Previously, USCIS has been suspending H-1B premium processing for H-1B Cap Petitions only until September 10, 2018.

Outside of premium processing, USCIS may still consider expedite request on a discretionary and case-by-case basis.

Premium processing is filed via Form I-907 Request for Premium Processing Service for USCIS to adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or RFE, or denial within 15 days). With this temporarily suspension, there will be processing delay for many types of H-1B Petitions, and FY 2019 H-1B Cap Petitions or Visas that are fortunate enough to be selected in the H-1B lottery process.

For additional information, please visit: https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

August 28, 2018

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Immigration Help for Those Affected by California Wildfires

Tiyalaw — Wed, 15 Aug 2018 19:45:24 +0000

Immigration Help for Those Affected by California Wildfires

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme situations, or natural catastrophes such as the recent California wildfires.

Expedite or discretionary request may be made during or after filing an immigration case.

Upon request, USCIS will provide the following on a discretionary basis:

Changing or extending a nonimmigrant status in the U.S.: If you don’t apply for the extension or change before your authorized period of admission expires, USCIS may excuse a delay in applying for the extension or change before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit: https://www.uscis.gov/humanitarian/special-situations

August 15, 2018

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USCIS Returned All Unselected H-1B Cap Petitions

Tiyalaw — Tue, 31 Jul 2018 17:36:56 +0000

USCIS Returned All Unselected H-1B Cap Petitions

On July 30, 2018, USCIS indicated it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the H-1B lottery system (computer-generated random selection process).

Petitioners with H-1Bs that were received by USCIS between April 2 and April 6, 2018, and who have not received a receipt notice or a returned petition by August 13 should contact USCIS for assistance at https://www.uscis.gov/about-us/contact-us .

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-returns-unselected-fiscal-year-2019-h-1b-cap-subject-petitions

H-1B Cap Petitions Not Selected or Filed After H-1B Cap is Met: Potential H-1B candidates who do not make it to the 2019 FY H-1B visa cap (October 1, 2018 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2019 (October 1, 2019 employment start-date or later) for the FY 2020 H-1B Cap. They may also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

July 30, 2018

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I-751 Biometric Appointment Notices with Incorrect Application Support Center

Tiyalaw — Thu, 24 May 2018 02:02:31 +0000

I-751 Biometric Appointment Notices with Incorrect Application Support Center

U.S. Citizenship and Immigration Services (USCIS) biometric services appointment notices dated 05/04/2018 for I-751 Petition to Remove Conditions on Residence contain errors. These notices instructed Petitioners to appear on May 21, 2018 at Application Support Center (ASC) locations outside their normal geographical area.

Form I-751 is for applying to remove the conditions on a permanent resident status; it is filed by conditional permanent resident who obtained status through marriage.

Per USCIS, Petitioners with these erroneous biometric notices do not need to travel to ASC outside their geographical area, and instead, may choose the following:

Wait for their new biometric services appointment notice with the correct ASC and a new appointment date. Petitioners may check such case status online at https://egov.uscis.gov/casestatus/landing.do ; or
Walk-in to the closest ASC for biometric services. Walk-in may not be seen on the same day. An applicant may locate the closest ASC at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC

For Petitioners who did not complete their biometric services through ASC walk-in or reschedule, USCIS will mail new biometric services appointment notices on June 8, 2018.

For additional information, please visit USCIS at: https://www.uscis.gov/news/update-form-i-751-petition-remove-conditions-residence

May 23, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration News: USCIS Recalling Incorrectly Dated Green Cards

Tiyalaw — Wed, 16 May 2018 12:00:12 +0000

Immigration News: USCIS Recalling Incorrectly Dated Green Cards

U.S. Citizenship and Immigration Services (USCIS) have started recalling over 8543 Permanent Resident Cards (Green Cards) mailed out between February and April 2018 due to incorrectly printed date for “Residence Since.” These incorrect Green Cards were issued for approved applications for Form I-751, Petition to Remove Conditions of Residence filed by spouses of U.S. citizens or permanent residents.

USCIS will mail out notification with prepaid envelopes for Green Card holders to return, within 20 days, their incorrect Green Card. Alternatively, these Green Card holders may also return their incorrect Green Card to their local USCIS office. USCIS will send out replacement Green Cards within 15 days of receiving their returned cards.

Although the incorrect date on such a Green Card does not affect a Green Card holder’s permanent residence or green card status, it is still important to obtain a correct date for “Residence Since.” Otherwise, there may be USCIS processing delay when such a Green Card holder apply for U.S. naturalization. Spouses of U.S. citizens may apply for naturalization after three years of permanent residency in addition to meeting other immigration criteria.

For additional information, please visit USCIS at: https://www.uscis.gov/news/alerts/uscis-recall-incorrectly-dated-green-cards

May 14, 2018

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Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019

Tiyalaw — Wed, 16 May 2018 00:39:57 +0000

Immigration News & Processing: USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions. Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned. H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload. USCIS will issue notice regarding such a transfer. Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2019-h-1b-cap-subject-petitions

May 15, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

Tiyalaw — Wed, 04 Apr 2018 02:27:11 +0000

Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

If a Green Card, work permit or travel document has been approved, and the document has not arrived in the mail, please note the following.

Starting April 2, 2018, USCIS will destroy Permanent Resident Cards (Green Cards), Employment Authorization Cards (Work Permits), and Travel Documents (international travels) that are returned as undelivered by the U.S. Postal Service after 60 days if Applicants haven’t contacted USCIS to provide a correct address. In general, Applicants are encouraged to report an address change within 10 days at http://uscis.gov/addresschange . USCIS National Customer Service Center (NCSC) telephone is 1-800-375-5283.

U.S. Citizenship and Immigration Services (USCIS) is a part of the U.S. Department of Homeland Security (DHS). USCIS administers the U.S. lawful immigration system.

For additional information on this matter, please visit USCIS at https://www.uscis.gov/news/alerts/undeliverable-permanent-resident-and-employment-authorization-cards-and-travel-documents-be-destroyed-after-60-days

April 3, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

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USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

Tiyalaw — Tue, 20 Mar 2018 22:47:30 +0000

USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

U.S. Citizenship and Immigration Services (USCIS) has just announced that it will be suspending premium processing service, temporarily, for all cap-subject H-1B petitions, starting April 2, 2018. This suspension is expected to last until September 10, 2018. Currently, this suspension applies only to H-1B petitions that are subject to Fiscal Year (FY) 2019.

H-1B employers will be eligible to submit H-1B petitions subject to FY 2019 visa cap to be received by USCIS on April 2, 2018. With this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Services, filed with H-1B petitions that are subject to FY 2019 visa cap.

The reason for this premium-processing suspension is so that USCIS may adjudicate other H-1B petitions that have been long pending.

With a premium processing service, USCIS will adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or denial within 15 days). With this temporarily suspension, there will be processing delay for FY 2019 H-1B cap petitions/visas. This means, it will be some months before USCIS will be able to adjudicate H-1B petitions subject to FY 2019 visa cap that are fortunate enough to be selected in the H-1B lottery process.

March 20, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

Tiyalaw — Tue, 28 Feb 2017 17:04:07 +0000

New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

U.S. has enjoyed a diverse talented workforce, and vibrant immigration history, ancestry and economy. The new immigration restrictions are a setback to humanity and U.S. revenue.

The new immigration restrictions, and the unnecessary border detention and interrogation will deter international tourism and future talented workforce, important sources of U.S. revenue.

According to data from the World Trade Organization (UNWTO), a specialized agency of the United Nations, the U.S. international tourism brought in US$1.5 trillion of income in 2014. The new immigration restrictions will dampen international tourism.

For examples, due to the effects of new U.S. immigration restrictions, recently in February 2017, the famous and beloved children’s-book author, Ms. Mem Fox, was detained for a long time by U.S. Immigration (U.S. Customs and Border Protection) (CBP) at the Los Angeles airport, for questioning. Ms. Fox is the celebrated author of children’s books such as Possum Magic, and Ten Little Fingers and Ten Little Toes. Ten Little Fingers and Ten Little Toes was an official gift from Australia to the British royal couple, William and Kate, to welcome their new son (Prince George). During the unfortunate CBP immigration detention, Ms. Fox was visiting America for a conference where she was scheduled to deliver a keynote speech on teaching children to read. According to interviews conducted by reputable news media with Ms. Fox, Ms. Fox says she can’t imagine traveling to the U.S. again.

Similarly, in January 2017, in an effort to implement the new immigration restrictions, CBP at Washington’s Dulles International Airport unnecessarily prolonged the immigration detention and interrogation of former Prime Minister of Norway, Mr. Kjell Magne Bondevik, because of his prior Iranian visa in his diplomatic passport. Mr. Bondevik visited Tehran to speak at an anti-extremism conference. As a former leader of a European nation, Mr. Bondevik is also the president of a major human rights organization and the owner of a diplomatic passport. Based on interviews of Mr. Bondevik by CNN, Mr. Bondevik had deep concerns regarding the new U.S. immigration restrictions.

CBP is a U.S. law enforcement agency for border management and control, combining customs, immigration, border security, and agricultural protection. With over 60,000 employees, CBP is one of the world’s largest law enforcement organizations.

In 2011, immigrants made up of 12.8 percent of the U.S. population, but 15.9 percent of the workforce, according to National Conference of State Legislatures (NCSL). Notable foreign-born professionals in just one industry alone who contributed to the U.S. economy included, but are not limited to, big names such as Terminator’s and Total Recall’s Arnold Schwarzenegger, former James Bond’s star Pierce Brosnan, Silence of the Lamb’s Anthony Hopkins, Selma Hayek, Catherine Zeta-Jones, and Rachel Weisz of the mega movie “The Mummy”.

The U.S. enjoys continuous growth in GDP, according to data from the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce. The new immigration restrictions, together with the unnecessary border detention and interrogations, are bludgeoning the applications for admissions into the U.S. by international visitors. In the near future, the U.S. may not achieve or exceed the 2014 US$1.5 trillion of income it has derived from international tourism. These immigration restrictions are a turn-off to talented foreigners, discouraging them from applying their expertise within the U.S. As such, these new immigration restrictions are also disadvantageous to the long-term U.S. GDP.

Given the current immigration maelstrom, please contact an immigration attorney prior to travelling to the U.S.

February 28, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.