Family Immigration

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary…Read More Breaking News

USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results. When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test…Read More Breaking News

Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

Following a Cable from DOS, there is a change in the 30/60 day rule to 90 days. It is important to note that this is a rebuttable presumption and should be addressed at the outset of the application. 1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens…Read More Breaking News

Immigrants’ Know Your Rights Law Show

December 2 2016 - Many have been asking what might happen to immigration once Donald Trump takes power. There were a lot of proposed immigration changes which have not been formalized. However, based on certain groups analysis and the Trump's chosen Cabinet, we can come to our own conclusions. Note at this point we can only guess what might happen until we see some actual new regulations or immigration laws passed. This law show covers not only the issues but also what immigrants should do to prepare for eventual changes in immigration law.…Read More Breaking News

Congratulations to The Shah Peerally Law Team for another great VAWA win!

VAWA are for those who had a bona marriage to a US citizen or greencard holder and who have been abused.  Today, we won a difficult VAWA case, the Shah Peerally law group including Shabana, Shah Peerally and attorney Sharif Silmi argued the case and we won. Here is what Sharif has to say about VAWA and U Visa. We have placed this both on podcast and youtube. Please share.Read More Breaking News

Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) – Death of Petitioning Spouse

A memo from the USCIS on November 18 2015 clarifies what happens to the Beneficiary when a petition US citizen spouse dies before 2 years of the marriage. SUBJECT: Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner Revision to Adjudicator’s Field Manual Chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) (AFM Update AD-15-02) to implement Williams v. DHS Secretary, 741 F.3d 1228 (11th Cir. 2014) Purpose The Policy Memorandum (PM) revises chapter 10.21(a), (b),…Read More Breaking News

Dealing with no birth certificate

Whenever you are filing an immigrant visa such as parents petition, marriage petition, or an adjustment of status among other applications, there is a requirement for a birth certificate. Unfortunately for some, this is not available. This audio and video explain how to deal with unavailable birth certificates.Read More Breaking News

How to Fill the Form I-130 | Petition for Alien Relative

The form I-130 also know as the form for petition for an alien relative is one of the most common immigration form immigrants download and fill from the USCIS website. The reason is that this form has multi-functions including being used for spouses, for parents, for siblings and for children. Note that the form itself is not difficult to fill, however, the laws attached to the form I-130 alien petition is quite complex and requires analysis before being filed. We recommend you use this video with caution and should you need help, please…Read More Breaking News

Breaking News – K1 Visa Cases for Canadian nationals will only be processed in Montreal!

March 24 2015 - Today the State Department announced that all K1 visa for Canadian nationals will be processed only in Montreal. Other consulates will still process other kinds of visa except the K1 visas. We recommend our clients to take all the necessary documents and be ready in case they have to travel to Montreal, Canada to have their K1 visa interview. Below is part of the following "Starting April 1, 2016, the U.S. Consulate General in Vancouver will no longer process K-1 visas, also known as fiancé(e) visas. The U.S. Consulate…Read More Breaking News

I-751 Waiver based on Abuse Successful Case.

Brief Facts: Beneficiary/Applicant married an Indian National in India. US citizen Petitioner moved to India and stayed with Beneficiary for few months and then moved back to the United States. Petitioner goes to India on regular basis but every time keeps abusing Beneficiary in India. After one year, Petitioner finally agreed to file to a Petition for Beneficiary. Beneficiary was ultimately moved to the United States on a conditional green card. As soon as Beneficiary moved in, Petitioner started abusing her and kicked her out of the house. She ultimately moved to a…Read More Breaking News

President wants to Review the K1 visa program

December 7 2015 - President Obama has requested that the K1 visa program be reviewed. While it seems that the San Bernardino attackers had some sort of involvement with the K1 visa program, the truth is that the K1 visa is already strict and are subject to strict scrutiny. Penalizing innocents because of one case of situation is really unfair. We hope the government will actually be more realistic on the matter. As we get more information on the matter, we will update all our readers. In case you need help with any…Read More Breaking News

Dealing with Birth Certificates Issues.

November 4 2015 - Birth certificates are required whenever someone is filing for adjustment of status or processing their permanent residence card. However, some people do not actually have a birth certificate. There are specific ways to deal with such situations. Please check this video on birth certificates especially from India, Pakistan, and Afghanistan.Read More Breaking News

MARRIAGE PETITIONS

Marriage is a fundamental and globally celebrated institution. Indeed, the United States Supreme Court has held marriage to be a fundamental right, and afforded great deference. As such, a foreign national spouse of a United States citizen may file for permanent resident status in the United States, to be processed immediately. Bona Fide Marriage Obtaining a green card through marriage, however, may not be as easy as it seems. Because it is the easiest and most expedient route to a green card for foreign nationals, it is also highly scrutinized for fraud. Thus,…Read More Breaking News
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