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In the matter of in Re Grace Estrellado, the BIA in a non-precedential decision decided to depart from the usual government regulation and state that if an I-140 is revoked, then the priority cannot be ported to another approved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

Great News – The New Visa Bulletin shows a moving forward.

Finally after a fight, the petition of reducing the time for India EB2 seems to have been heard USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and…Read More Breaking News

Special Thanks to DHS for the Yemen TPS

September 3 2015 - Few months ago, we started a campaign  to support the cause for Yemen in regards to a Temporary Protected Status (TPS) in order to protect those Yemeni nationals who are in the United States. After numerous petitions, advocacy and campaigns, the Department of Homeland Security (DHS) has finally designated Yemen for TPS (Temporary Protected Status). Therefore granting our request. This means that the Yemeni nationals who are in the United States are now eligible for protection (TPS) and can file for work permit. The TPS starts as from September…Read More Breaking News

Breakings News – Yemen Designated for TPS

September 2 2015 - Finally after a long request from many organizations including our own law firm, the DHS has designated Yemen for TPS. See our petition to obtain TPS for Yemen "Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated the Republic of Yemen (Yemen) for Temporary Protected Status (TPS) for a period of 18 months, effective September 3, 2015, through March 3, 2017. Under section 244(b)(1)(A) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(A), the Secretary is authorized to…Read More Breaking News

USCIS simplifies fee payment

September 1 2015 - USCIS has simplified the process for paying the USCIS Immigrant Fee online in our electronic immigration system. The revised payment process reduces the amount of information an immigrant must provide to USCIS. Additionally, in response to customer feedback, anyone can now pay the USCIS Immigrant Fee for an immigrant. For example, a family member, friend, employer, attorney, or accredited representative can pay the fee as long as they have the immigrant’s Alien Registration Number (A-Number) and DOS Case ID. The USCIS Immigrant Fee is required for individuals immigrating to…Read More Breaking News

U Visa Data on I-918 from 2009 to 2015 Released

September 2 2015 - This chart is the data on the number of I-918 Petitions for U Nonimmigrant Status (Victims of Certain Criminal Activities and Family Members) by Fiscal Year, Quarter, and Case Status 2009-2015. From 2009 to 2014, the number of pending U visas has increased around 4 times (from 21,138 to 79,009). Simultaneously the number of application has increased from 2009 to 2014 from 6835 to 26, 039. Based on this data, we can conclude that the number of U visa applications increase is what is causing the delay in certain…Read More Breaking News

Shah Peerally Immigration radio show – August 31 2015

September 1 2015 - The Shah Peerally Law Show of August 31 2015 recorded live from KlOK 1170 AM was very interesting because it covered topics such as H1B transfers, I-140 and transfer to another company, H4 visas, H4 EAD, Fiancee K1 visas, marriage petitions, adjustment of status and many other issues including choosing between H1B and H4 EAD. Listen to the recorded show and please share.Read More Breaking News