Breaking News

This category is updated daily on interesting U.S. immigration news pertaining to family immigration, employment immigration and other immigration issues. The updates are meant to quickly keep our readers aware of the ever changing immigration laws and all the related aspects. For more information check our entire website on specific topics. Note that this blog does not cover all aspects of immigration news.

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USCIS Affirmative asylum schedule as of April 25 2016

  • Posted on April 26, 2016
  • /Under Asylum
USCIS’s Affirmative Asylum Scheduling Bulletin as of 4/25/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. As you can see for most of the regular cases, it is around 2 years to get an interview. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.  On December 26, 2014, we began prioritizing asylum applications for interview scheduling as follows: 1.) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or…Read More Breaking News

Ex-ICE attorney Jonathan Love sentenced to prison for falsifying document in immigration case

ICE, Apr 20, 2016 - "A former attorney for U.S. Immigration and Customs Enforcement (ICE) who used a falsified document in an immigration proceeding, was sentenced Wednesday in federal court to 30 days in prison, 100 hours of community service, one year of supervised release, and a 10-year ban on practicing law. Jonathan M. Love, 58, pleaded guilty in January 2016 to deprivation of constitutional rights under color of law. At Wednesday’s sentencing Magistrate Judge Brian A. Tsuchida said, “This is a very sad day…for no good reason you did great harm to…Read More Breaking News

L1A New Memo – Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)

Matter of Z-A-, Inc. In a policy memorandum issued April 14 (this month) by the USCIS regarding the Matter of Z-A-, Inc. case, the USCIS directs all USCIS employees to follow the policy guidance established under the case as it relates to defining “managerial capacity.” The case deals with whether USCIS must consider evidence from a petitioner regarding personnel employed overseas [by another related entity] within the organization who perform tasks for the petitioning entity. The case states that an adjudicating officer must assess all relevant evidence in the record concerning the beneficiary’s…Read More Breaking News

Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day…Read More Breaking News

Should UNNJ students contact their respective countries’ Embassies or Consulates?

April 20 2016 - We are 15 days in the UNNJ issues, and many people are getting desperate and do not know what other options are afforded to them. Some students have suggested that they should reach out to their respective countries' embassies or consulates for help. This video addresses this approach. Note that we are just giving a suggestion here, there is no guarantee that any country's government will actually help in this matter but since the students are still citizens of their own countries, they should be able to ask for…Read More Breaking News

Prudential Revocation is causing fear to Travel

Recently we posted a video on prudential revocation of visas for those who have a DUI and DWI and traveling back to the United States.  This law is becoming a major nightmare for those who want to travel abroad. We wanted to elaborate more on this rule. The Prudential Revocation rule has been there for a while, however in 2016, the State Department amended the Foreign Affairs Manual to read the following: 9 FAM 403.11-5(B) (U) Prudential Revocations (CT:VISA-50; 02-22-2016) a. (U) Although consular officers generally may revoke a visa only if the alien is ineligible under INA…Read More Breaking News

UNNJ Students – Is it possible to move to Canada?

April 19, 2016 - Due to the fact that many students are now eager to leave the US, we have been contacted by many for possibilities in Canada. Unfortunately the Shah Peerally Law Group PC does not handle Canadian immigration. However,  the law firm Joomratty Law Corp, has been nice to offer assistance. In case, you want to move to Canada, please feel free to contact them. This is a message from the President, M. Joomratty. "Given the sad turn of events at University of Northern New Jersey – UNNJ, our law firm has…Read More Breaking News

Difficulties of trying to re-enter the United States after UNNJ

Many of the ex-students of UNNJ who have left are asking whether they will be able to come back. The question is very difficult to answer unless there is an analysis of the specific situation in which the UNNJ students were in while “attending” the school. First of all for those who are found to have defrauded or presented fraudulent documents to any government officials including the Department of Homeland Security, the Department of State and other government entities, they might find themselves in a situation of willful misrepresentation or fraud. See article…Read More Breaking News

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From El Salvador, Guatemala and Honduras

April 15 2016 - The Department of State’s Visa Bulletin for May 2016 reflects a final action date  of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras. This means that starting in May, applicants from these countries who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available. These three countries have reached their EB-4 visa limits as congressionally mandated for fiscal year…Read More Breaking News

Can the press help the UNNJ students?

We are calling on the press to hear the stories of the UNNJ students.  We have been receiving hundreds of calls in the past week. As we hear the story of the students and their versions of situation, it seems that there are a lot of flaws in this operation. Entrapment is the word that comes to mind - in Jacobson v. United States, 503 U.S. 540, 548 (1992). “Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce…Read More Breaking News

Universal English Center Corporation – SEVIS access terminated!

This notice was posted on ICE's website on April 13, 2016: Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time based on federal regulation. On April 12, 2016, SEVP informed officials at Universal English Center Corporation (UEC) that the school's Student and Exchange Visitor Information System (SEVIS) access will be terminated as of May 13, 2016. As of April 12, UEC will no longer be able to issue any new Forms I-20, "Certificate of Eligibility for Nonimmigrant Student Status," and will retain SEVIS access…Read More Breaking News

USCIS Publishes New Edition of Form N-400, Application for Naturalization

On April 13, 2016, USCIS revised Form N-400, Application for Naturalization. The revised version is available at uscis.gov/n-400. You may continue to use the 9/13/13 edition of the form until August 9, 2016. USCIS will reject and return previous versions of Form N-400 submitted on or after August 10, 2016. Eligibility Requirements The eligibility requirements for naturalization have not changed. For information on how to complete the form, and where eligibility you can call us at 510 742 5887. Changes You Will See on the Revised Form USCIS posted the draft form on…Read More Breaking News

Voluntary Departure as an Option for UNNJ cases.

  • Posted on April 13, 2016
  • /Under Asylum
April 12 2016 - The UNNJ cases have brought back some really interesting concepts or reliefs which most people in the community has not experienced for a long time. One of them is the Voluntary Departure (VD).  VD might actually be an option once the Notice To Appear (NTA) has been issued and the individual wants to leave without triggering the inadmissibility bars of ten years of under INA §212(a)(9)(A). Note that in case there is an NTA issued, you cannot depart from the US without at least a VD. In the most of…Read More Breaking News

Failure to Change Address – UNNJ issue!

Whenever you move, you need to file an AR 11 form for change of address. This is mandatory. Failure to change address can have dire consequences.  Recently many people have failed to file their change of addresses because they either forget to do so or were unaware of the rules and regulations on change of addresses.  The specific requirements for reporting your change of address are federal regulations found in 8 CFR Part 265 and 8 CFR Section 264.1(f)(6), concerning designated special registrants. Under 8 CFR § 264.1(f) (as amended by 67 Federal…Read More Breaking News

May 2016 Visa Bulletin

May 2016 Visa Bulletin is out and unfortunately, it did not really move as we expected. We wish at least it had moved further for India but it did not. Please see chart below. Read Full Visa Bulletin Here PROCESSING TIMES A.  APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for…Read More Breaking News