Monthly Archives: September 2015

The Fall of Kunduz, Afghanistan and Asylum for Afghanis

  • Posted on September 30, 2015
  • /Under Asylum
Recently, the city of Kunduz, Afghanistan has fallen to the Taliban. Kunduz, major commercial hub, is the first major city in Afghanistan to be captured by the Taliban since the radical group was ousted from power by U.S. military forces. Although Afghani security forces are typically able to recover cities from Taliban control quickly, the fall of Kunduz is a worrisome indicator that the country may become increasing unstable and dangerous. Due to the Taliban’s capture of the city, Afghani nationals in the United States may have increasingly strong cases for asylum in…Read More Breaking News

Lawsuit on October 2015 Visa Bulletin

The October 2015 Visa Bulletin brings U.S. Citizenship and Immigration Services (“USCIS”) into the 21st century, and in line with the longstanding DOS practice, by adding a date on which applicants may submit adjustment of status applications (“adjustment applications”) that comes before the projected date on which final adjudicative action will occur. By adding this additional date for filing adjustment applications, DOS is better able to discharge its statutory duty of assessing visa demand and ensuring all of the visas Congress allots in a given fiscal year are used. In reasonable reliance on…Read More Breaking News

Petition to Honor October 2015 Visa Bulletin

It is time for Action, many have already taken the move to force the government to honor the original October 2015 Visa Bulletin. It is time for those who are affected to also have a say in this move. Please sign our petition. Sep 29, 2015 — Please sign asap and pass along! Department of State, Department of Homeland Security, Barack Obama: Honor the Original October 2015 Visa Bulletin Fighting Back the October 2015 Revised Visa Bulletin - Call for action! As you all know by now the government has revised the Visa Bulletin…Read More Breaking News

Class Action against the Federal Government on Visa Bulletin

Septemeber 29 2015 - According to Law360, it seems that the government is being hit by a class action on the I-485. The abrupt changes in the Visa Bulletin actually turned up to be devastating for many. If this class action is certified and goes through, we hope the government will change their mind and actually stop the suffering of the October 2015 Visa Bulletin. >>Read MoreRead More Breaking News

October 2015 Visa Bulletin Revised – Special Law Show

September 28 2015 - The Shah Peerally Law Show today special edition covers the "mess" of the October 2015 Visa Bulletin.  As you all know the visa bulletin dates for application of the adjustment of status and acceptance has been changed and many are now wondering what happens to them. If you are having immigration issues please call us at 510 7425887. Listen to the show and share with your friends.Read More Breaking News

New Date for October 2015 Visa Bulletin

Note: The Department of State (DOS) normally posts the new Visa Bulletin the second week of the month before it will take effect. The DOS Visa Bulletin is the official source of these charts. For ease of reference, below is the current chart (posted within two days of DOS’ new Visa Bulletin). October 2015 Note: This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015.   Those are the effects on the Visas Please note that the following "Dates for Filing" have changed: Category (9/9/15) Filing Date…Read More Breaking News

Breaking Bad News – Visa Bulletin October 2015 is changed

DOS Publishes Updated Visa Bulletin for October 2015 On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supersedes the bulletin for October 2015 that was originally published on Sept. 9, 2015. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. TheDates for Filing Applications sections on pages 4 and 6, which have been adjusted, have…Read More Breaking News

AAO Non-Precedent Decisions

The Administrative Appeals Office (AAO) generally issues non-precedent decisions. These apply existing law and policy to the facts of a given case. A non-precedent decision is binding on the parties involved in the case, but does not create or modify agency guidance or practice. We do not announce new constructions of law nor establish agency policy through non-precedent decisions. As a result, non-precedent decisions do not provide a basis for applying new or alternative interpretations of law or policy. If you are looking for information regarding the AAO's precedent decisions, which are binding…Read More Breaking News

USCIS will stop adjudicating some Adjustment of Status cases (I485) until October 1, 2015

September 24 2015- Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015. This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015). USCIS will continue to accept adjustment of status applications that are filed when the foreign national’s priority date is earlier than the cut-off date published in…Read More Breaking News

Retaining Priority date on a revoked I-140 – Non Precedential BIA case of in Re Grace-Estrellado

In the matter of in Re Grace Estrellado, the BIA in a non-precedential decision decided to depart from the usual government regulation and state that if an I-140 is revoked, then the priority cannot be ported to another approved I-140. This decision although non-biding on other decisions has now created a huge confusion in the legal community and among many applicants. This decision actually departs from the The Foreign Affairs Manual (9 FAM 42.53 N3.5) guidance which states: “Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded…Read More Breaking News

White House Encouraging Citizenship

White House Launches 'Commit to Citizenship' Campaign "If you’re a permanent resident considering becoming a naturalized American citizen, take the first step toward giving those dreams a chance to grow. Not only will you enjoy all the rights and freedoms afforded all U.S citizens both here and abroad, you’ll be building toward a stronger tomorrow for yourself and for generations to come." - www.committocitizenship.orgRead More Breaking News

AILA urges Obama to take more Syrian Refugees

Washington, DC - The American Immigration Lawyers Association (AILA) today called upon President Obama to go beyond the commitment he made to resettle 10,000 Syrian refugees and to extend more meaningful protection to all refugees and asylum seekers whether they are resettled from abroad or have crossed U.S. borders fleeing violence, persecution, and other horrors. "The need is both urgent and dire as Syrian refugees flee violence and turmoil in search of safety and security," said AILA President Victor Nieblas Pradis. He continued, "There are four million Syrian refugees seeking protection in Europe…Read More Breaking News

Understanding the New Visa Bulletin from October 2015

September 10 2015 - The new Visa Bulletin of October 2015 although not excellent news, is somehow a great news for many especially applicants from India. What the Department of Homeland Security and the Department of State have essentially done is to divide the the visa bulletin to allow mobility of the employees. As you will see on the October 2015 visa bulletin (charts reprinted below), there are two different dates.  We are referring to them as Chart One and Chart Two. For those whose dates are current based on the second chart…Read More Breaking News
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