Immigration USA

Beware of the Notary

2008-12-18T18:25:00.005-05:00

USCIS published interesting and helpful information on their website (www.uscis.gov) to prevent individuls from becoming victims of immigration fraud for the purpose of combatting the ever increasing problem of notarios/notarys. Notarious are unscrupulous individuals who are unlicenced and practice immigration law, often times ot the detriment of their clients. USCIS suggest the following:

How to Protect Yourself from Becoming a Victim
1. DO NOT sign blank applications, petitions or other papers.
2. DO NOT sign documents that you do not understand.
3. DO NOT sign documents that contain false statements or inaccurate information.
4. DO NOT make payments to a representative without getting a receipt.
5. DO NOT pay expensive fees to non-attorneys.
6. DO obtain copies of all documents prepared or submitted for you.
7. DO verify an attorney’s or accredited representative’s eligibility to represent you.
8. DO report any representative’s unlawful activity to USCIS, State Bar Associations and/or State Offices of Attorneys General.

Sounds like some good advice.

Ricky Malik, Esq.
www.rmlegal.com
Greencard@mail.com

New Rule: Effect of Motion to Reopen, Reconsider or Petition for Review on Voluntary Departure

2008-12-18T17:48:00.003-05:00

The Department of Justice has amended the Code of Federal Regulations (CFR) regarding voluntary departure. Begining January 20, 2009, a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen or reconsider with an Immigration Judge or the Board of Immigration Appeals (BIA) or a petition for review in a federal court of appeals.

There is alarming langauge in the regulations:

"If the alien files a post-decision motion to reopen or reconsider during the period allowed for voluntary departure, the grant of voluntary departure shall be terminated automatically, and the alternate order of removal will take effect immediately."

Further:

"The alien shall be required to post a voluntary departure bond, in an amount necessary to ensure that the alien departs within the time specified, but in no case less than $500."

Now, the filing of certain pleadings carries a greater punishment and further, even Voluntary Departure now requires a minimum $500 bond to be paid within 5 days at the Detention and Removal Office (DRO). Many foreign nationals have a fear of DRO offices as they are the division that detains and removes aliens. The new regulations allow the DRO to take an individual into custody. Further, at the hearing: " the ICE Field Office Director may, at his or her discretion, hold the alien in custody until the bond is posted."

I wonder if the old adage 'it will get worse before it gets better' applies. For the full regulatory changes can be found in the Federal Register, Vol. 73, No. 244, pp 76927-76938.

Ricky Malik, Esq.
www.rmlegal.com
Greencard@mail.com

Filing an I-140 more than 180 days after Labor Certification Approval

2008-12-13T14:32:00.007-05:00

Some of you may be aware that on July 16, 2007, fundamental changes in the employment based immigration process occurred. From that point onwards, substitutions (where an employer switches one beneficiary in place of another) were prohibited and labor certifications would expire 180 days after approval if an I-140 were not filed.

Recently, USCIS issued a reminder that it is possible to file a new I-140 more than 180 days after the underlying labor certification has been approved.

Basically: Absent fraud or misrepresentation, if a labor certification is filed with an I-140 within 180 days of approval, it remains valid indefinitely for the purpose of filing a future I-140 petition by the same sponsoring employer (or its successor) on behalf of the same beneficiary.

The need for refiling may arise if the I-140 gets denied and the employer wants to refile, or if company is bought/merged into another company that requires a new petition.

This concept can bring relief to many employers and beneficiaries who have had an I-140 denied for grounds that they believe can be overcome through a subsequent filing (which oftentimes is faster than filing an appeal).

Ricky Malik, Esq.
Greencard@mail.com
www.rmlegal.com

DC Examiner - Crackdown in Prince William

2008-12-13T13:59:00.004-05:00

Your dearest blog author was recently quoted in a December 4, 2008 artilce published in the DC Examiner, a capital area based newspaper on the effect of the crackdown on immigrants in Prince William county (a DC suburb in northern Virginia).

Click here to read the full article: Prince William Seeing effects of Immigrant Crackdown.

Post your comments!

Ricky Malik
Attorney at Law
Greencard@mail.com
http://www.rmlegal.com/

Visa Waiver Entrants now need pre-approval!!

2008-12-10T22:28:00.004-05:00

The Visa Waiver Program (VWP), celebrated by those citizens of countries who are beneficiaries, and recently expanded to include a host of new nations, is becoming more and more burdensome.

One of the benefits of the VWP is an individual of a designated country could simply board a plane with their passport, hassle free.

Now, VWP travellers must obtain pre-authorization prior to their travel. The frequent traveller/business-person can no longer purchase a ticket and conveniently board a plane to the United States. One can apply on the Customs and Border Patrol website for Electronic System for Travel Authorization (ESTA).

A VWP travller now must receive authorization to travel before embarking on travel to the U.S. If denied, the traveler must obtain a nonimmigrant visa at the consulate.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com

Ordered Removed for Technical Reasons - Motion to Reopen

2008-12-10T21:02:00.007-05:00

Any true Immigration Litigator (trial attorney) knows the complexity of practicing before the Immigration Courts, or Executive Office for Immigration Review (EOIR) as it is formally known.

Court practice is dictated by intricate and ever changing rules, such as those of the recently revised Immigration Court Practice Manual. Litigators such as myself, must constantly keep abreast of biometric and fingerprint requirements, expiration dates of medical examinations, forensic document authentication, etc., etc.

One area of Immigration court practice that has all to often led to removal (deportation) orders is the failure of a foreign national to get fingerprinted. Such a failure, though seemingly small, can lead to deportation.

The good news is the Board of Immigration Appeals (BIA), the appellate court that reviews decisions of the Immigration Judges, issued an unpublished decision holding that when a foreign national:

"is required to provide biometrics and other biographical information and then fails to provide such information in a timely manner, the Immigration Judge may deem the application abandoned and enter an order of removal. 8 C.F.R. §§1003.47(c)-(d)... this Board will not approve such a drastic measure absent proof that the alien had actually received notice from the Immigration Judge of the consequences of failing to comply with the biometrics requirement."

This is great news for a foreign national who has been ordered removed for failure to get fingerprinted if they can demonstrate the Immigration Judge did not provide adequate notice. Such an individual may be able to file a Motion to Reopen before an Immigration Judge or a Motion to Remand before the BIA.

If you are in this situation, you should contact my office or consult with a competent immigration attorney.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com

Victims of Trafficking and Criminal Activity can get Residency ("Greencard")

2008-12-09T13:33:00.003-05:00

USCIS published a rule that allows for certain victims of severe trafficking and crimes (specifically "T" and "U" nonimmigrants) to apply to adjust their status to lawful permanent residents (Greencard).

The “T” visa is a nonimmigrant classification for people who are victims of a severe form of human trafficking.

The “U” visa status is a nonimmigrant classification for victims of certain crimes who are willing to assist the government officials in the investigation of the criminal activity.

USCIS provided guidance in its December 8, 2008 press release stating:

"In order to apply for adjustment of status, a nonimmigrant currently within the “U” visa status must have been physically present in the United States for a continuous period of at least three years since the date of admission. Nonimmigrant individuals in the U.S. under a “T” visa status are required to have three years of continuous presence in the United States or a continuous period during an investigation or prosecution of the acts of trafficking. Nonimmigrant individuals holding a “T” visa will also need a certification from the Attorney General stating that the investigation or prosecution is complete.

"Both “T” and “U” nonimmigrants must be in valid nonimmigrant status at the time of application. USCIS can adjust the status of up to 5,000 “T” visa holders annually. This cap does not apply to family members of the principal “T” nonimmigrant status holder. There is no numerical cap on adjustment of status for “U” nonimmigrants."

This is good news for many U and T nonimmigrants who now have concrete guidance to apply to gain permanent status in the United States.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com

H-1B Extensions beyond the 6th year

2008-12-08T04:34:00.005-05:00

There has been ongoing guidance on the filing of H-1B extensions beyond six years, the most recent from Donald Neufeld in May 2008. Below is a summation of the two provisions allowing for extensions beyond the 6th year.

Section 106(a) Extensions (1 yr increments)
USCIS may grant an extension of stay under AC21 §106(a) if evidence is provided that:

A labor certification is unexpired at the time of filing of the Form I-129 H-1B extension petition; and
The labor certification was filed with DOL or the I-140 petition was filed with USCIS at least 365 days prior to the date the alien beneficiary will have exhausted 6 years of H-1B status in the United States pursuant to 214(g)(4); and
The extension and I-129 petition are otherwise approvable.

Section 104(c) Extensions (3 yr increments)
An alien is eligible for an extension of H-1B status if:

The alien is the beneficiary of an I-140 petition, and
Would be eligible to be granted immigrant (lawful permanent resident) status but for the application of per country limitations applicable to immigrants.

Despite the title of AC21 §104(c), referring to "one-time" protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the alien’s application for adjustment of status has been adjudicated.

Ricky Malik, Attorney at Law

Greencard@mail.com

New Mailing Address Format for National Capital Area USCIS offices

2008-12-08T04:18:00.004-05:00

U.S. Citizenship and Immigration Services (USCIS) announced a new address format for offices within the National Capital Region (NCR). These offices include USCIS headquarters, Arlington Asylum Office, and the Washington District Office (located on Prosperity Avenue in Fairfax, VA).

All mail to NCR offices should list a unique mailstop and corresponding ZIP code + 4 number (Chart of addresses). Failure to do so may result in "minor delays" according to USCIS.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com

Inquiring about an Immigration Case

2008-12-01T20:40:00.005-05:00

I often hear complaints about delayed processing times for Immigration cases or about something going terribly wrong with a case.

There are two simple ways you can inquire without necessarily enlisting the services of an attorney.

The first is to call the United States Citizenship & Immigration Services (USCIS) Customer Service Line at 1-800-375-5283.

Secondly, you can also make an in-person appointment at your local USCIS office through the INFOPASS appointment system to speak with an Immigration officer. Click here for more information: http://infopass.uscis.gov/ .

If these do not seem to solve the problem, consider consulting with a competant Immigration Attorney to assist you. Immigration matters are generally too important to skimp on for a few dollars.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com

Temporary Protected Status (TPS)

2008-11-29T18:25:00.004-05:00

It's TPS registration time for nationals and citizens of El Salvador, Nicaragua and Honduras. If you or any friends of family members are from these countries, they may need to take immediate action before the end of 2008.

Temporary Protected Status is a temporary immigration status granted by the Department of Homeland Security (DHS) to nationals of certain countries that are deemed to be experiencing temporary negative conditions such as armed conflict or environmental disasters that make it difficult for the nationals to return in safety, or for the countries to accept their return. Law: INA section 244. TPS beneficiaries are not subject to removal from the United States and are eligible for work authorization.

TPS, like other parts of U.S. Immigration law is somewhat of a conundrum. It has been called a "gift" to the citizens of the countries whom are designated beneficiaries, and politics has been rumored to be a significant factor. It is not clear why after the devastating 2004 Tsunami in South Asia or the massive 1999 Earthquakes in Turkey which claimed tens of thousands of lives, those countries were not designated.

Ricky Malik, Esq.
Greencard@mail.com
www.rmlegal.com

Visa Waiver Program Expanded

2008-11-29T00:13:00.003-05:00

Additional Countries Designated for the Visa Waiver Program

The Department of Homland Security added the following countries to the Visa Waiver Program (VWP): Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic effective November 17, 2008.

Citizens and Nationals of these countries can simply get on a plane without having to apply for a visa at a U.S. consulate.

In addition to the seven new countries, the following are existing VWP countries: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Generally, citizens of these countries are considered fortunate that they do not have to submit to the cumbersome US visa application process, which results in many denials.

Ricky Malik, Esq.
Greencard@mail.com
www.rmlegal.com