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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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Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Tiyalaw — Sat, 12 May 2018 19:38:12 +0000

Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Effective August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) implements a new and more restrictive immigration policy on the accrual of unlawful presence for F, J and M nonimmigrants and their dependents, admitted/authorized to stay for duration of status (D/S) or until a specific date. This USCIS new policy is to update Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

F and M are student visas. An F visa is for an academic student to study in the U.S. at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. An M visa (vocational student) is participating in vocational or other nonacademic programs, other than language training. J is an exchange visitor visa for participating in an approved program for teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

For nonimmigrants above who failed to maintain immigration status before August 9, 2018, their unlawful presence starts from August 9, 2018, unless they have previously started accruing unlawful presence on the earliest day of the following:

The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

For nonimmigrants above who failed to maintain nonimmigrant status on or after August 9, 2018, their unlawful presence starts on the earliest day of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

A dependent’s status (F-2, J-2 and M-2) ends when the nonimmigrant status of the F-1, J-1 or M-1 ends. Alternatively, a dependent’s status in F-2, J-2 or M-2 may end due it his/her own’s activities or situations.

The accrual of unlawful presence for individuals present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.

Unlawful presence affects an individual’s immigration benefits. Generally, individuals subject to a time bar are ineligible for a visa, admission, or Green Card unless they have an approved waiver or another form of relief. For examples, an individual with over 180 days of unlawful presence in a single stay may, upon departing the US, trigger a 3-year or 10-year bar from entering the U.S. Individuals who have over a year of unlawful presence who either reentered or attempted to reenter the US may trigger a permanent bar to inadmissibility.

For additional information on USCIS new policy on unlawful presence for J, F and M nonimmigrant status, please see

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf

May 11, 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 & Nationality 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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USCIS Completed FY 2019 H-1B Cap Lottery Process

Tiyalaw — Thu, 12 Apr 2018 19:59:22 +0000

USCIS Completed FY 2019 H-1B Cap Lottery Process
U.S. Citizenship and Immigration Services (USCIS) just announced it had completed the random selection process for the 190,098 petitions it received for the fiscal year 2019 (FY 2019) H-1B Cap. It began accepting H-1B Cap Petitions on April 2, 2018.

On April 12, 2018, USCIS had received sufficient FY 2019 H-1B Cap Petitions for the government-mandated annual 65,000 H-1B visa cap and the 20,000 master’s cap (U.S.-advanced-degree visa exemption).

USCIS conducted the lottery process first for the 20,000 master’s cap H-1B petitions. Those not selected joined the lottery process for the 65,000 H-1B visa cap.

Premium processing for H-1B Cap Petitions cases selected in the lottery process have been suspended until September 10, 2018. For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

H-1B Cap Petitions that are not selected will be rejected and returned with their filing fees.

What is an H-1B?
H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap
Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B
In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

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.

For more information on USCIS H-1B Cap selection process, please visit: https://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-random-selection-process-fy-2019

April 12, 2018

Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality 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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No More DACA Deal? TN For Mexico in Crisis!

Tiyalaw — Sun, 01 Apr 2018 22:11:22 +0000

No More DACA Deal? TN For Mexico in Crisis!

This morning, President Trump tweeted: “NO MORE DACA DEAL!” and threatened to terminate NAFTA with Mexico if it doesn’t stop people from flowing through Mexico’s Southern Border and then into U.S.

It is unclear if the tweet represents a change on DACA policies. Although rescinded by President Trump, The Deferred Action for Childhood Arrivals (DACA) program’s cancellation is being partially postponed by court action. Currently, U.S. Citizenship and Immigration Services (USCIS) is not accepting DACA applications from individuals who had never been previously granted DACA. The benefits of having an approved DACA are the ability to apply for a work permit and deferred removal actions from the U.S.

The North American Free Trade Agreement (NAFTA) is an agreement of special economic and trade relationships for the United States, Canada and Mexico. Under NAFTA, eligible Mexican and Canadian citizens may apply for TN classification to perform professional business/work activities in the U.S. Unlike H-1B Cap Petition, TN is not subject to an annual visa cap.

April 1, 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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Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension

Tiyalaw — Sat, 24 Mar 2018 19:12:34 +0000

Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension

There will be processing delays for H-1B petitions that are lucky enough to be selected in the lottery system for Fiscal Year (FY) 2019. This is because effective April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will be suspending premium processing, temporarily, for FY 2019 H-1B Petitions that are subject to visa cap. Foreign nationals waiting for H-1B lottery results will still need to maintain or extend their immigration status. They may also consider additional immigration application(s) as back-up, if eligible.

For more information, please visit https://immigrationresource.net/uscis-suspends-premium-processing-service-for-h-1b-petition-fy2019-visa-cap/ .

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; International: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law in the U.S. and internationally in diverse immigration cases: extraordinary ability (EB-1A, EB-1B, EB-1C); national interest waiver NIW; PERM; I-130 for families; I-140 for employment Green Card; I-485 to adjust status; I-765 work permit; I-131 for international travel and returning to the U.S; I-601/I-601A extreme hardship waivers; 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 workers and other H cases; ; L executive, manager and specialized knowledge professionals 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 and U.S. Department of Labor DOL; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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DACA Cancelled. Some Individuals May Still Apply

Tiyalaw — Thu, 07 Sep 2017 19:22:37 +0000

DACA Cancelled. Some Individuals May Still Apply

Even though Deferred Action for Childhood Arrivals (DACA) Program has been terminated on September 5, 2017, certain individuals may still apply or proceed with DACA. For examples, U.S. Citizenship & Immigration Services (USCIS) will still adjudicate the following:

1. Properly filed pending DACA renewal requests and related Employment Authorization Documents (EAD) from current beneficiaries that have been accepted as of September 5, 2017; and

2. From current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017.

3. USCIS will reject all requests to renew DACA and associated applications for EADs filed after October 5, 2017.

September 5, 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: seven zero three – 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.

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Not Selected in the H-1B Cap Lottery? Avoid Immigration Fraud: Maintaining Status in the U.S. and Reapplying.

Tiyalaw — Tue, 10 May 2016 19:36:32 +0000

Not Selected in the H-1B Cap Lottery? Avoid Immigration Fraud: Maintaining Status in the U.S. and Reapplying.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up: Potential H-1B Candidates Who Continue to Stay in the U.S. Must Maintain Legal Immigration Status

H-1B candidates who have not made it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted to USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. Such H-1B candidates may also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

Please note, if potential H-1B candidates are in the U.S. and are considering other immigration options such as the above, they must still continue to maintain legal immigration status in the U.S., in compliance with U.S. Immigration & Nationality Law.

Example of Failure to Maintain Status: Immigration Fraud

On April 5, 2016, special agents of the Homeland Security Investigations (HSI) of the U.S. Immigration and Customs Enforcement (ICE) arrested 21 individuals (e.g. brokers, recruiters) for conspiracy to commit visa fraud, conspiracy to harbor aliens for profits, and other offenses. In addition to the arrests of the defendants, the international students involved in the student-visa fraud or pay-to-stay scheme were also arrested by ICE for removal (deportation) purposes. The arrests were made in Virginia, Washington, New York, and New Jersey. HSI and ICE are part of the U.S. Department of Homeland Security.

The defendants fraudulently enabled around 1,076 international students, primarily from India and China, to enroll as F-1 students under the false pretense that they were participating in full courses of study at the University of Northern New Jersey (UNNJ) in New Jersey. All the international students were considered willing participants in the fraudulent F-1 scheme.

Unbeknownst to the defendants, UNNJ is a sting operation – a storefront serving as undercover operations – by HSI agents posing as school administrators to investigate criminal activities involving student visa fraud and alien harboring for profits. UNNJ was not staffed with any educators, had no actual academic curriculum, and did not have actual classes or educational activities.

The defendants solicited UNNJ and facilitated the international students’ enrollment at UNNJ to fraudulently obtain and maintain F-1 student visa or status, in exchange for commissions or kickbacks. The defendants also created fake student records such as transcripts, attendance records, diplomas, and projects, purchased by international students.

International students were issued UNNJ I-20 Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students, for international students to remain in the U.S. These I-20 Certificates and phony student documents were then used to apply for H-1B Cap Petitions with the U.S. Citizenship and Immigration Services (USCIS). Additionally, the defendants used UNNJ to obtain work permit and employment authorization for their clients (international students).

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet the cap.

USCIS received over 236,000 H-1B Cap Petitions described above. USCIS had long completed its computer-generated random selection process (lottery system) which started on April 9, 2016.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit.

For some time now, USCIS has been issuing receipt notices for the above H-1B Cap Petitions filed under premium processing, regular processing, and U.S. advanced degree.

Normally, all USCIS receipt notices for selected H-1B Cap Petitions were being issued within several weeks of the lottery system (random selection process).

USCIS announced on May 2, 2016 that it has completed all its data entry of H-1B Cap Petitions selected in its lottery system. USCIS will now begin returning all H-1B Cap Petitions not selected. Due to the overwhelming number of H-1B Cap Petitions received, USCIS is not certain when it will complete returning all the unselected petitions but will issue an announcement once they are all returned to the employers (petitioners). Previously, H-1B Cap Petitions not selected in the lottery system were being returned throughout the summer.

USCIS urges employers (petitioners) not to inquire on the status of their H-1B Cap Petitions until they have received a receipt notice or a return of an unselected petition. This will allow USCIS to better-use their resources such as on adjudicating cases and completing the necessary return of unselected petitions.

On May 12, 2016, USCIS will begin premium processing of H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days. Additionally, employers have the option to upgrade their selected H-1B Cap Petitions to premium processing.

All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. Certain employers are cap exempt.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, 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 in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; 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; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

Tiyalaw — Sun, 08 Jul 2012 15:34:26 +0000

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are:

Came to the United States under the age of sixteen;
Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012);
Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND
Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

July 7, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

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CBP Travel Advisory: Border Crossing from Canada to USA

Tiyalaw — Fri, 18 May 2012 04:00:45 +0000

CBP Travel Advisory: Border Crossing from Canada to USA

With Victoria Day (May 21, 2012) holiday weekend approaching in Canada, the U.S. Customs and Border Protection (CBP) is anticipating a substantial increase in border-traffic crossing from Canada to the United States of America (USA). Through one of the government branches (CBP), USA being a welcoming nation, ensures and protects the safety of U.S. citizens, permanent residents as well as international travelers visiting USA for business, pleasure, studies or work.

Travelers are advised to plan accordingly such as factoring more time into their travel-commute activities or travel during non-peak border-traffic hours, and carrying proper documentation. Please see below.

Documentation: For efficient or expedited border-crossing services, CBP is encouraging travelers to utilize radio-frequency identification (RFID)-enabled travel documents such as U.S. passport card, Enhanced Driver’s License/Enhanced Identification Card, Trusted Traveler Program card (NEXUS, SENTRI, global entry, or Fast/Expres).
Avoid Peak Border-Traffic Hours: Typically, peak hours are between 7:00am and 7:00pm. Travelers may also check the wait times of various border-crossing port-of-entries at http://apps.cbp.gov/bwt/ to plan their border-crossing travels accordingly.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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

We represent employers, and individuals and their families in green card and all work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.