Monthly Archives: June 2015

What does the Confederate flag mean to immigrants.

June 29, 2015 - Lately, there has been a lot of talk regarding the Confederate flag due to the horrible killing at the Charleston church.  President Obama declared that Confederate flag a symbol of racial oppression. He also praised the efforts and urgency to remove the flag from the South Carolina State Capitol.  On June 27, 2015 two activists were arrested for climbing the flag pole and taking down the Confederate flag. Many are calling them "heroes" while others are protesting their freedom to keep a legacy of the South, and an emblem…Read More Breaking News

I-751 waiver case coming from the 7th Circuit

Note this case comes from the Seventh Circuit and might not be applicable outside this circuit, however, it might be a good guidance of what the BIA should follow on evidence: Hernandez v. Lynch – June 18, 2015, U.S. Court of Appeals, Seventh Circuit In 1988, Gerardo Hernandez Lara married a US citizen (USC), and on the basis of that marriage, gained conditional permanent residency. He never completed the necessary process to remove the conditions on his residency, and in 2008 – ten years after divorcing his wife – he sought permanent residency…Read More Breaking News

T6 and Adjustment of Status (AOS) for U and T visas

On April 15, 2015, the USCIS issued a policy memorandum (PM-602-0107) establishing a new derivative category for the adult or minor child of a derivative beneficiary of a T visa. Further, the policy memo established guidelines for the related T and U visa nonimmigrant adjustment of status applications. The policy changes detailed in the memo are binding on all USCIS employees. New T-6 Derivative Category Section 1221 of VAWA 2013 expanded the derivative category based on present danger of retaliation to include children (adult or minor) of the principal’s derivative family members if…Read More Breaking News

Temporary Protected Status Has Been Granted to Nepalese

Temporary Protective Status has been granted to Nepalese Citizens! Thanks to the efforts of Senators Charles E. Schumer and Mazie K. Hirono, citizens of Nepal who are already in the United States can now legally remain in the country even after their visas expire. Although it has not been formally announced by the USCIS, reports that Nepal has been granted the protective status have been substantiated by a press release from the office of Senator Chuck E. Schumer. What is TPS Temporary Protective Status (TPS) is a humanitarian effort that establishes a temporary…Read More Breaking News

DHS Secretary has designated Nepal for Temporary Protected Status.

As from June 24, 2015, the law for Temporary Protected Status for Nepalese will be implemented for 18 months until December 2016 -  Nepal TPS.  Under 8 U.S.C. § 1254a, the Secretary of Homeland Security may designate a foreign country for TPS (Temporary Protected Status) due to certain conditions.  TPS is based on such conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain…Read More Breaking News

Visa Bulletin and Predictions

The visa bulletin wait for certain foreign nationals especially for Indian nationals seeking benefits, is just like waiting for "lottery results".  Both the EB2 and EB3 waiting time for Indians are horribly backlogged.  As such everybody wants to have an idea when their dates will come through. Unfortunately many turn to "famous fortune teller forums" to tell them when their dates will be current so that they can either apply or obtain their green cards. Some have actually developed an "art" to predict the dates when certain categories will go current.  The truth…Read More Breaking News

Shah Peerally Law Group Is obtaining its first batch of H4 EAD approvals.

The H4 work permit has been a long haul fight since 2011.  Finally in 2015,  the law was passed in 2015 and many actually started applying for their H4 EADs as early as May 26, 2015.  Our law firm which was at the forefront of the fight for H4 EAD rights actually assisted hundreds in this endeavor and is still assisting many applying for their H4 work authorization.  Today, to our great surprise (June 19, 2015), we started receiving our first batch of emails from the USCIS notifying us of the approval of…Read More Breaking News

Saying i do

La mayoría de las personas solo requieren un anillo de matrimonio como evidencia de su casamiento. De hecho, su promedio de parejas casadas no necesitan probarles a otras personas que están casados. La asistencia a su gran casamiento es evidencia suficiente de que en realidad están casados; en inmigración, todo lo opuesto es verdadero. Para aquellas personas que están interesadas en llenar una petición de casamiento para su esposo o esposa, deben saber que existen muchos niveles de evidencia necesarios para probar que en realidad ese matrimonio es legal y verídico. La razón…Read More Breaking News