Monthly Archives: July 2015

BALCA reverses DOL decision and approves labor Certification in Microsoft case.

July 17 2015 - In the Matter of Microsoft, BALCA Case No.: 2011-PER-02621, July 15, 2015 BALCA reversed the DOL decision stating that the Employer’s advertisements were not misleading, nor did they cause any confusion that could have prevented a potential U.S. applicant from applying for the job opportunity. The issue was the language of traveling and also a mistake in answering the audit. This decision is interesting because those are common errors when a labor certifications is filed. We agree completely with BALCA and also hope that the DOL commending stringent rules…Read More Breaking News

What happens if I don’t have a birth certificate?

The birth certificate or substitute is a requirement by the USCIS in processing cases such as adjustment of status, family petitions, immigrant employment petitions, and so on. However, in many countries birth certificates are unavailable and as such USCIS might either issue a request for evidence (RFE) or even deny the case if the information of the birth certificate is not proven.  These are few tips how to deal with such cases. If a birth certificate is not available? Obtain a certificate of non availability of birth certificate from the registrar entity and…Read More Breaking News

Humanitarian Parole Available for Temporary Emergency Entry into the U.S.

Humanitarian Parole: Humanitarian parole is an emergency measure, used only in extraordinary circumstances to allow someone who otherwise would not be admissible to the United States to enter the U.S. due to urgent circumstances or a compelling emergency. The measure grants temporary admission for the duration of the emergency. USCIS may grant the humanitarian parole to anyone applying for admission into the U.S. based on urgent humanitarian reasons, or if there is a significant public benefit, for the length of the emergency or humanitarian situation. For example, USCIS may grant the parole if…Read More Breaking News

Some EB frequently asked questions answered

The employment based (EB) immigration is one of the most tricky areas of immigration law because it entails minor details and very complex immigration questions.  Many immigration practitioners often shy away from the EB issues because of experience and requirement for detailed analysis.  For example, Indian nationals will have specific questions about AC 21, Visa Bulletin, H1B, labor certification questions which other foreign nationals don't have.  Similarly, those who are born in the Philippines will have different specific questions to issues which a French citizen might not have.  As such many of the general…Read More Breaking News

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

July 15, 2015 - USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. Read more  Read More Breaking News

Traveling on a Pending I-485 (Adjustment of Status)

During a pending adjustment of status, many people will actually be wanting to travel outside the United States.  You cannot actually travel outside the US during a pending adjustment of status (form I-485) unless you have an approved parole form I-131 and have not accrued unlawful presence for more than 180 days. We also would not recommend traveling at all if you are on a non-dual intent visa until you obtain your permanent residence card. In case, you have some criminal background issues, we recommend you speak to a lawyer before traveling abroad.…Read More Breaking News

USCIS New Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

USCIS will now not disqualify religious workers cases based on the fact that the experienced acquired was not on a lawful status. For example a religious worker who obtained experienced while volunteering on a B1/B2 visa or without legal presence.  Note that there might be other reasons for denial.  Nonetheless,  this opens the door to many possibilities for religious workers. We welcome this new policy and invite all those who want to file for an R visa or EB4 to contact our office. On April 7, 2015, the U.S. Court of Appeals for the…Read More Breaking News

USCIS providing new resources in Spanish

On July 8, 2015 -  the USCIS Director Leon Rodriguez, attended the 85th National Convention of the League of United Latin American Citizens (LULAC, for its acronym in English), held in Salt Lake City, Utah, which gave a message about how important it is for eligible Latinos who are not US citizens to consider applying for citizenship. Similarly, it introduced new resources  of information in Spanish incorporated by USCIS to strengthen communication with the Hispanic community. LULAC is one of the largest and oldest in the United States Hispanic organizations and has about 132…Read More Breaking News

Premium H1B processing of applications (I-129 form) resumes as from July 13

July 13 2015 - Great news from USCIS, as from July 13th 2015, USCIS is now again accepting premium processing on all H1B cases including transfers, extensions and amendments. This is a welcoming news for companies and individuals who need fast move to another company or an extension.  It is also crucial for those who need to go abroad for a stamping. Note that for those who have already filed their cases, they can still upgrade to premium. We will be more than glad to help.   If you need help for your…Read More Breaking News

The “How To Guide” on immigration.

In order to simplify some of the complex immigration questions, we have decided to offer a "how to guide" to our readers. The guide covers some of the frequent questions asked by our clients including filing for family petitions, employment based immigration questions, asylum issues and other immigration questions. It is not meant to substitute to legal advice, but only to offer a basic knowledge of some of the immigration procedures and issues  frequently presented to applicants.  You should contact an attorney if you need any help. You can reach us at (510)…Read More Breaking News

Las Exenciones Para Corregir la Presencia Ilegal y obtener una Green Card, están disponibles.

I-601A – Exención de Presencia Ilegal Muchos inmigrantes que desean aplicar para una Green Card, pero que llegaron al país sin inspección (o una visa), serán inadmisibles, debido a su presencia ilegal. (Que es entrar a los Estados Unidos sin inspección). El proceso de exención de presencia ilegal, permite a los parientes inmediatos de ciudadanos Americanos (esposa, hijos o padres) que están actualmente residiendo en los Estados Unidos aplicar a una exención provisional, si la negativa de admisión de los inmigrantes resultaría en dificultades extremas a su pariente relativo de Estados Unidos. Si…Read More Breaking News

Another Successful VAWA Case from the Shah Peerally Law Group PC Team.

July 10 2015 - Today we congratulate the team for a successful outcome on a difficult VAWA (Violence Against Women Act) case.  This case was full of difficulties because there was only mental abuses involved and the evidence was limited. We congratulate the team for working hard on this case and also answering a very difficult request for evidence (RFE) resulting in an approval of the I-360. As you know VAWA is obtained in cases where the applicant has a 1) bona fide marriage 2) been abused mentally, physically or both and 3)…Read More Breaking News

August 2015 Visa Bulletin is Out: no progress for India EB2 or even EB3!

Finally the long awaited August 2015 visa bulletin is out and it seems there is no movement on either EB2 or EB3 for India, China and the rest of the dates stayed pretty much the same for other countries except the Philippines EB categories which were presently Unavailable has become EB3 June 1 2004 and EB2 is still current.  If the trend continues we might actually see some possible retrogression in the September 2015 Visa Bulletin for India and China. Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA…Read More Breaking News

5th Circuit US Court of Appeals to decide on Injunctions blocking Obama’s Executive Actions.

July 10 2015 - The U.S. Court of Appeals for the Fifth Circuit will hear arguments on Friday that could either lift or keep the injunction that has halted President Obama’s executive actions.  The executive actions was meant to give additional rights under DACA (Deffered Action for Childhood Arrivals) and DAPA(Deferred Action for Parents Arrivals) for undocumented immigrants but both were put on hold through an injunction. Both programs were intended to give some hope to millions who have been living in the United States some kind benefits namely a work permit. Note…Read More Breaking News