Other Immigration Benefits

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

USCIS Modifies Asylum Interview Scheduling

USCIS, Jan. 31, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last…Read More Breaking News

Self-Petition is Possible for Workers of Extraordinary Ability

  • Posted on December 19, 2017
  • /Under EB1
EB1A is really a new term for something that has long been present in the United States. Unlike the typical immigrants, an EB1A is all about entering alone, a completely outside of the chain migration business – no family member or employer is involved; totally self-supporting, a self-sponsored green card category. The standard for EB1A is high and reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. It is their cutting-edge, groundbreaking, scholarly, and influential work that makes them the…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

OPT Denials especially based on the 30 day Rule

Recently there has been a surge in OPT denials because of some of the reasons below: 1. OPT filed not meeting the 30 day rule 2. OPT denied because of CPT 3. OPT denied because of transfer of  SEVIS 4. OPT denied because DSO did not properly update SEVIS. 5. OPT denied because form I-765 not properly filed. The video below covers the issueRead More Breaking News

Immigration Relief for Those Affected by Severe Earthquakes

USCIS offers immigration relief measures for people affected by natural disasters, such as the severe earthquakes that recently occurred in Ecuador, Japan and Burma. These measures may be available upon request: * Change or extension of nonimmigrant status if you are currently in the United States, even if the request is filed after your authorized period of admission has expired; * Re-parole, if you were previously granted parole by USCIS; * Expedited processing of requests for advance parole documents; * Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe…Read More Breaking News

Calling on the Government to consider Judicial Economy on the Court Cases for UNNJ students.

Many of the UNNJ students have been issued an Notice of Intent to Appear (NTA) which obviously will put a burden not only on the students but also on the immigration court systems. According to an article from the organization American Immigration Council - Immigration Court Backlog Shows No Sign of Shrinking, the immigration courts are over-loaded with work and many of the cases which are being referred to the court are non-serious criminals cases.  Since the Department of Homeland Security (DHS),  is mostly not charging students of very serious charges, we call…Read More Breaking News

7 Things to know about the Immigration Court – UNNJ Updates.

Since many people are not familiar with how the immigration courts operate, we have tried to explain at least few things how the court works especially for those at UNNJ who might have to deal with the courts. 1. Department of Justice Immigration Courts are under the Department of Justice (DOJ) not the Department of Homeland Security (DHS). This means that if you have received a Notice to Appear, you are no longer really under the jurisdiction of the DHS although Immigration Customs Enforcement will still be conducting their investigations. The government will actually be…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

Great Victory on a K1 visa and Marriage Petition.

Congratulations to Shah Peerally and the Shah Peerally Law Group PC for our great VICTORY on a marriage petition based on a K1 and and I-130 petition. The case was argued both in court and USCIS office. Facts : A marriage case which was lost in interpretation. Client (Beneficiary) came to see us when she was placed in removal proceedings (aka deportation) because the Department of Homeland Security(DHS) was convinced that she entered in a sham marriage to obtain immigration benefits. Client came to the United States on a valid K1 fiancee visa…Read More Breaking News