Monthly Archives: May 2016

Are the Students of NorthWestern Polytechnic University (NPU) in trouble?

May 30 2016 - Is NPU (NorthWestern Polytechnic University) next in the list of investigated Universities? An article on Buzzfeed on May 26 2016 describes NPU as “A college on the edge of Silicon Valley has turned itself into an upmarket visa mill, a BuzzFeed News investigation has found, deploying a system of fake grades and enabling thousands of foreign students to enter the United States each year — while generating millions of dollars in tuition revenue for the school and the family who controls it." The issue at hand is not whether NPU…Read More Breaking News

Filling your adjustment of status

With the visas retrogressing quickly, it is a good idea to actually file your adjustment of status (AOS) quickly in case you need to file under either family petition or under employment immigration especially. This video is provided at the courtesy of the Shah Peerally Law Group PC and ImmiLawHelp.Read More Breaking News

Sample Questions and Tips for H1B Visa Stamping at the US Consulate.

After your H1B visa is approved by the Department of Homeland Security (DHS) and if you are abroad, you will need a stamping of visa on your passport at the US Consulate (Department of State). You might also need a stamping for other reasons. This podcast covers the possible questions as it relates to the H1B visa interview at the US embassy. Note that these are just samples and questions can actually vary based on the case. We recommend preparing yourself well for the interviews.Read More Breaking News

U Visa Fraud

  • Posted on May 22, 2016
  • /Under U visas
The U Visa is a life savior for many especially when they are victims of crimes of domestic violence. Unfortunately many have seen it fit to actually abuse it. It actually blows my mind when I realize someone will actually "fake" a police report in order to get a U visa. It is important for those who are victims to actually make sure that they are not lying on any of such reports. We have fought for many to actually get them a U visa and other benefits under VAWA. It is awful…Read More Breaking News

Dealing with Denials on INA 214(b) – How is your luck?

What is INA 214(b)? Denials on INA 214(b) is the most common denial at the US consulates. Note that INA 214(b) rarely applies to dual-intent visas such as H1, H4, O visas. However, it is extensively used for B1 visas, B2 visas and F1 visas denials. The law reads: (b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time…Read More Breaking News

Comments Period Completed on the long Awaiting Rule for I-140 – Now on Final Stage!

The rule "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers" has now reached its final stage.  Let us hope we will  see some breakthrough on this one. DHS/USCIS Final Rule Stage Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers 1615-AC05 Here is a Summary of the regulation proposed. Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant…Read More Breaking News

Finally Muslims Suing in numbers for Delay Under CARRP

Talal Ansari, BuzzFeed News, May 18, 2016 - "The United States Citizenship and Immigration Services (USCIS) unlawfully delays the citizenship applications of Muslim immigrants due to a secretive immigration program, according to a lawsuit filed Wednesday in St. Louis.  The lawsuit — filed by the Hacking Law Practice on behalf of 13 Muslim immigrants in the Eastern District of Missouri — alleges that the “USCIS has applied different rules under a policy known as the Controlled Application Review and Resolution Program (CARRP), which has resulted in the agency refusing to adjudicate Plaintiffs’ applications.”  CARRP, which…Read More Breaking News

AILA and 300 Organizations Sign on a letter to reduce Delays on U Visas

RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status May 16, 2016 The Honorable León Rodríguez Director, U.S. Citizenship and Immigration Servicesv Department of Homeland Security 20 Massachusetts Avenue, NW Washington, DC 20529 cc: Maria M. Odom, CIS Ombudsman Carrie Bettinger-Lopez, White House Advisor on Violence Against Women RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status Dear Director Rodríguez: We, the 307 undersigned organizations that work with or otherwise support immigrant survivors of sexual and gender-based violence, respectfully wish to bring to your attention the increasing delays in adjudicating petitions for U…Read More Breaking News

Civil Penalties Related to Failure to Comply with Voluntary Departure Does not extend to U-1 non-immigrant victims

USCIS in a Memo adopts the decision of the court in the Matter of L-S-M. While the failure to voluntary depart might still apply to some VAWA cases, the court has made clear it does not apply to U Visa Holders. 2016-0513_Matter_of_L-S-M-_Adopted_Decision_2016-03_ clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 non-immigrant victims of qualifying criminal activity. See sections 240B(d)(1)-(2) of the Immigration and Nationality Act. That said, the…Read More Breaking News

Lawsuit to Challenge Government on October 2015 Visa Bulletin Fails

May 16 2016 - The lawsuit challenging the Visa Bulletin of October 2015 has actually been dismissed with prejudice. This decision of the court, unfortunately closes the chapter in the 'fiasco' of the October 2015 where the government was supposed to allow EB2 India up to July 2011 to file for adjustment of status or consular processing. As such the hopes of thousands of EB Indian applicants are now lost with the decision of Judge Martinez. This is what the court wrote in conclusion: ...The Court finds that the parties have thoroughly presented the…Read More Breaking News

Guide on Filing H4 EAD on your own

  • Posted on May 16, 2016
  • /Under H4 EAD
Filing your own H4 EAD is not very complicated unless your situation is confusing. This presentation quickly gives you a checklist of the H4 EAD. If you need help on your H4 change of status or H4 EAD, please call us at 510 742 5887.Read More Breaking News

The STEM OPT list of degree falling under Science, Technology, Engineering and Mathematics

May 16 2016 - The new STEM OPT of 24 months came out on May 10 2016 but it has completely redefined STEM OPT including the degrees which fall under STEM itself.  Here is a list of the STEM OPT requirements as per the government. The STEM Designated Degree Program list is a complete list of fields of study that DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension described at 8 CFR 214.2 (f). Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM field of study is a field of…Read More Breaking News