Monthly Archives: March 2013

A movie on VAWA and other Immigration issues

‘Shattered Freedom’, is an episode from the series ‘The Immigration Lawyer’. This is a film that every immigrant should relate to. The film is a pure fiction inspired by Mr. Peerally’s and his law firm’s experiences, his struggle through life, the hardships he has seen in his career as a lawyer, the deceit and above all the hope of living the American Dream that survives amidst it all. It is about being offered the opportunities that one did not know existed, within the American society and American legal system. Premier on March 31,…Read More Breaking News

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. In this case, the court agreed on the validity of the marriage of an elderly couple who lived together but did not have sexual intercourse. Problems Dealing with the authorities Although in Peterson,…Read More Breaking News

Benching H1B employees and not paying them is illegal and can be costly to IT consulting firms

For years, our law firm has advocated that IT consulting or other consulting companies should not  "bench" their employees.  Benching is the process of not paying the H1B employees while there is no work for them especially if they are working on different clients' sites.  We have previously written extensively on the mistakes of IT consulting firm policies and how to correct them. However it seems some of them has not really learn the lesson. In a lawsuit filed in labor court against Dibon Solutions of Carrollton, Texas in the U.S. District Court for…Read More Breaking News

Is the form I601A – Provisional Waiver for Unlawful Presence Available?

Yes, the form is now available on www.USCIS.gov website.  The 601 A form is now available, we recommend applicants to make sure they are not barred entry based on other violations than unlawful presence.  For this reason we recommend you hire an attorney to help I-601A, Application for Provisional Unlawful Presence Waiver   Download Form I-601A (1KB PDF) Download Instructions for Form I-601A (1KB PDF) Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)   Purpose of Form :< Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver…Read More Breaking News

Updates on H4 Visa

U.S. Department of Homeland Security Retrospective Review of Existing Regulations – Progress ReportJanuary 14, 2013 January 2013 Full DHS report Follow Updates on H4 on Twitter - H4VisaRead More Breaking News

Problems in filing N400 – Naturalization based on 3 years marriage to a US citizen.

By: Shah Peerally Esq. If a permanent residence card (green card) holder is married to a US citizen, the person can file for citizenship (naturalization) on the 2 years and 9 months anniversary of the resident card. However, in case someone is planning to file under this provision, we recommend that this person marriage is still going strong although there are arguments to be made that the marriage is not terminate. Note that if someone obtained their permanent residence through VAWA, and the abuser was a US citizen, you can still file under…Read More Breaking News