Immigration

Here we have the latest news within the immigration. Read breaking news on immigration updated and analysis at Shah Peerally Law Group

The I-140 EAD (Employment Authorization Document) Proposed Rule

In the Spring of 2015, the Department of Homeland Security under Regulatory Agenda proposed a rule under Employment-Based Immigration Modernization   to change the existing I-140 employment based approval to grant a work authorization for those who are endlessly waiting for a permanent residence. This follows the November 2014, President Obama's announcement to change the law.  This rule is being proposed just like the H4 EAD was initiated and is still at the proposed rule stage.  It has to take its course before it becomes law. If it goes through, this rule might actually…Read More Breaking News

FOIA App. released by USCIS

July 8 2015 -The Freedom of Information Act (FOIA) is an important component to determine what has been filed or what is in the possession of the Department of Homeland Security on many cases. While it is a great tool, lately it has not function to the standard including delays from the USCIS.  Recently the USCIS launched an App to facilitate the release of  information and hope that it will ease the process.  Note that we often see the USCIS not releasing the entire file.  So far there are few glitches on the…Read More Breaking News

California Assembly Going After H1B employers!

Assembly Joint Resolution 12 (AJR 12) seeking a federal investigation of the H-1B visa program following the alleged misconduct of Disney and Southern California Edison which have supposedly replaced the US employees by H1B workers.  Assembly member Eduardo Garcia (D-Coachella), Chair of the Assembly Committee on Jobs, Economic Development and the Economy, moved forward with an Assembly Joint Resolution 12 (AJR 12). While it seems that the cause is noble, the Assembly member has not really grasped which visas are really taking American jobs. At the end of the day, the most productive…Read More Breaking News

Five Years of Existence for the Shah Peerally Law Show

July 5, 2015 - On July 5, 2010 KLOK 1170 AM started airing a unique law show hosted by the prominent attorney Shah Peerally.  The law show, known as the Shah Peerally Law Show or Attorney On Air, has since then grown in audience and has been praised as one of the most "helpful and interesting show on Desi 1170 AM". Aired regularly on Monday 12p to 1pm and Thursday 10am to 11am, the program has actually  assisted thousands of listeners understand some very complex immigration questions. In addition, the shows have been…Read More Breaking News

USCIS issues memo to rescinds hold on CSPA cases

This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices on Handling Certain Family- Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court decision in Mayorkas v. Cuellar de Osorio.” Officers are hereby instructed to adjudicate affected cases without further delay. USCIS Policy Memo June 25, 2015Read More Breaking News

Groups asking USCIS to downgrade the rules on Simeio Decision – H1B Amendment!

July 1st 2015 - AILA and several technology groups are requesting the USCIS to downgrade the difficult rules to be enforced by the USCIS based on the Simeio case on H1B amendment cases. According to a letter sent on June 26, 2015, among other things, it is costly for the companies to actually comply. We agree with their position. The truth is that the rule under "Simeio" in itself can be challenged on many grounds. In case USCIS does not come to terms with the issues involved, we might start seeing some serious…Read More Breaking News

What does the Confederate flag mean to immigrants.

June 29, 2015 - Lately, there has been a lot of talk regarding the Confederate flag due to the horrible killing at the Charleston church.  President Obama declared that Confederate flag a symbol of racial oppression. He also praised the efforts and urgency to remove the flag from the South Carolina State Capitol.  On June 27, 2015 two activists were arrested for climbing the flag pole and taking down the Confederate flag. Many are calling them "heroes" while others are protesting their freedom to keep a legacy of the South, and an emblem…Read More Breaking News

I-751 waiver case coming from the 7th Circuit

Note this case comes from the Seventh Circuit and might not be applicable outside this circuit, however, it might be a good guidance of what the BIA should follow on evidence: Hernandez v. Lynch – June 18, 2015, U.S. Court of Appeals, Seventh Circuit In 1988, Gerardo Hernandez Lara married a US citizen (USC), and on the basis of that marriage, gained conditional permanent residency. He never completed the necessary process to remove the conditions on his residency, and in 2008 – ten years after divorcing his wife – he sought permanent residency…Read More Breaking News

T6 and Adjustment of Status (AOS) for U and T visas

On April 15, 2015, the USCIS issued a policy memorandum (PM-602-0107) establishing a new derivative category for the adult or minor child of a derivative beneficiary of a T visa. Further, the policy memo established guidelines for the related T and U visa nonimmigrant adjustment of status applications. The policy changes detailed in the memo are binding on all USCIS employees. New T-6 Derivative Category Section 1221 of VAWA 2013 expanded the derivative category based on present danger of retaliation to include children (adult or minor) of the principal’s derivative family members if…Read More Breaking News

Temporary Protected Status Has Been Granted to Nepalese

Temporary Protective Status has been granted to Nepalese Citizens! Thanks to the efforts of Senators Charles E. Schumer and Mazie K. Hirono, citizens of Nepal who are already in the United States can now legally remain in the country even after their visas expire. Although it has not been formally announced by the USCIS, reports that Nepal has been granted the protective status have been substantiated by a press release from the office of Senator Chuck E. Schumer. What is TPS Temporary Protective Status (TPS) is a humanitarian effort that establishes a temporary…Read More Breaking News

DHS Secretary has designated Nepal for Temporary Protected Status.

As from June 24, 2015, the law for Temporary Protected Status for Nepalese will be implemented for 18 months until December 2016 -  Nepal TPS.  Under 8 U.S.C. § 1254a, the Secretary of Homeland Security may designate a foreign country for TPS (Temporary Protected Status) due to certain conditions.  TPS is based on such conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain…Read More Breaking News

Shah Peerally Law Group Is obtaining its first batch of H4 EAD approvals.

The H4 work permit has been a long haul fight since 2011.  Finally in 2015,  the law was passed in 2015 and many actually started applying for their H4 EADs as early as May 26, 2015.  Our law firm which was at the forefront of the fight for H4 EAD rights actually assisted hundreds in this endeavor and is still assisting many applying for their H4 work authorization.  Today, to our great surprise (June 19, 2015), we started receiving our first batch of emails from the USCIS notifying us of the approval of…Read More Breaking News

Saying i do

La mayoría de las personas solo requieren un anillo de matrimonio como evidencia de su casamiento. De hecho, su promedio de parejas casadas no necesitan probarles a otras personas que están casados. La asistencia a su gran casamiento es evidencia suficiente de que en realidad están casados; en inmigración, todo lo opuesto es verdadero. Para aquellas personas que están interesadas en llenar una petición de casamiento para su esposo o esposa, deben saber que existen muchos niveles de evidencia necesarios para probar que en realidad ese matrimonio es legal y verídico. La razón…Read More Breaking News

DOL Certification of U and T Visa

US Labor Department expands its support of victims of human trafficking and other crimes. Department will begin to certify 'T' visas and expand 'U' visa certifications. On 04/02/2015, U.S. Secretary of Labor Thomas E. Perez announced that the labor department's Wage and Hour Division will begin to exercise its authority to certify applications for trafficking victims seeking "T" visas. The division will also certify "U" visa requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting. Background: U…Read More Breaking News

U VISA

What is U Visa? How it can help me? U nonimmigrant status provides immigration protection to victims of qualifying crimes who have suffered substantial mental or physical abuse as a result of the crime. The U visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of the criminal activity. » You can legally live in the United States for four years. » With a U-Visa you can get permission to work in the United States. » Some of your family members might also…Read More Breaking News