USCIS REPORT: Scam Alert

USCIS reports on new telephone scams that have been targeting USCIS applicants and petitioners. Please read the USCIS report and avoid being scammed: USCIS report

DACA: One-year Anniversary

On August 15, 2013, Deferred Action for Childhood Arrivals (DACA) celebrated its one-year anniversary. For an interesting report analyzing the demographics of those who applied since the start of the program, go to Brookings Institute Report.

Visa Bulletin for September 2013

Last month brought some good news for various preference categories - 2A family preference became current and EB2 for India made a significant jump (more than 3 years).

September 2013 Visa Bulletin has some more good news. 

Family 2A preference 

The category remains current for September. This gives those who are eligible to file their adjustment of status applications some breathing room to prepare their filing. We have processed and filed several applications during August for Adjustment of Status based on an approved or pending I-130 petitions.

Caution! Simply having a 2A preference I-130 filed and/or approved does not automatically mean that you are eligible to apply for adjustment of status. A mistake in filing can be very costly. You should review your case with an attorney to determine your eligibility. (Contact us) 

The predictions are that the F2A category will likely retrogress in October so acting quickly is important.

Employment Based Categories

There is exciting news for India's EB2 category which moved up to June 15, 2008. This is a significant progress from two months ago. EB3 category (except China, India, and the Philippines) also made a significant progress, moving to July 2010.

Is your priority date current?

To find out whether your priority date is current, go to Visa Bulletin.

Our office is prepared to assist those who are eligible to take advantage of priority date movements. We handle both the Adjustment of Status and consular processing applications. Please CONTACT us if our office can assist you. 

DACA Statistics - July 2013

The USCIS has released new statistics on Deferred Action for Childhood Arrivals. The report shows that as of June 30, 2013, over 130,000 applications still remain pending.

The USCIS is taking much longer now to process DACA cases than when the program first started - some applications are pending over 6 months.

Click on the link to view the latest statistics:
July 2013 DACA Statistics


Readers are reminded that information provided in this blog is for public service only and does not create attorney/client relationship. Readers are welcome to contact us if they would like to schedule a consultation by calling (512) 476-7163.

Unconstitutionality of DOMA and Immigration Consequences

On June 26, 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), opening the door to immigration benefits for same-sex couples.

Section 3 of DOMA defined marriage as a union between a man and a woman. Because of this definition, same-sex couples were unable to apply for permanent residence based on their marriage or for other immigration benefits that derive from marriage. This meant that gay and lesbian couples were either forced to be separated, live outside the US, face deportation or live in fear of being deported.

The decision of the Supreme Court striking down DOMA’s Section 3 brings good news to the same-sex couples when it comes to immigration benefits. They now have the same rights as straight couples when applying for legal permanent residence or as dependents of their spouses. However, couples must be careful when applying for green cards or other benefits. It is important to remember that simply being married does not automatically grant a legal status. One of the concerns specific to gay and lesbian couples is the place of marriage - not all states in the United States recognize same-sex marriage as a lawful marriage. There are other issues and the couples interested in pursing green card through marriage or other benefits should have an immigration attorney review their case to assure they truly are eligible to apply for an immigration benefit.  

On July 2nd, Secretary Napolitano issued a statement implementing the Supreme Court ruling to immigration cases. You can read the statement HERE.

Readers are reminded that information provided in this blog is for public service only and does not create attorney/client relationship. Readers are welcome to contact us if they would like to schedule a consultation by calling (512) 476-7163.

DACA Statistics - June 2013

The newest statistics on Deferred Action for Childhood Arrivals show that as of May 31, 2013, the USCIS received more than 520,000 applications for DACA. So far, about 365,000 were approved and 3,816 were denied. That still leaves about 155,000 unadjudicated applications.

The USCIS is taking much longer now to process DACA cases - some pending over 6 months. Additionally, some DACA applicants are being scheduled for interviews.

Click on the link to view the latest statistics:
June 2013 DACA Statistics

June 17, 2013: Update on Immigration Bill S.744

Immigration bill S.744 was first introduced in April 2013. The bill would be a major overhaul of the immigration system. It would amend many aspects of the immigration process - providing legal status for estimated 11 million undocumented immigrants living in the U.S., enhancing border security, changing family and employment-based visa categories, creating new non-immigrant work visas, etc.

What is the current status?
On June 11th, the Senate officially voted to take up the bill for floor debate. Senate's plan is to try to have a vote on the new immigration law by July 4th.

The House of Representatives has seen some progress on the immigration reform as well as it takes up pieces of immigration reform. However, the expectations are that the bill will take longer time in the House.

Again, stay tuned for updates.

05/22/2013 News Flash: Update on the New Immigration Law

The Senate Judiciary Committee finished its mark-up and approved the new immigration bill, S.744, last night by a vote of 13-5. 

What is next? The bill now moves to the Senate floor for debate and voting. We expect the Senate to start taking action on the bill in early June. After that, the immigration bill will have to make its way through the House of Representatives.

What can you do? Urge your senators to support a bipartisan immigration reform bill. Make calls, write letters, send e-mails, etc. You can find contact information for your Senator HERE.

Check back with us for updates.

DACA Statistics - May 17, 2013

USCIS published an update on Deferred Action for Childhood Arrivals statistics. The data covers applications filed between August 15, 2012 and April 30, 2013. Out of 497,960 DACA requests that were accepted for processing, about 291,859 were approved. Over 200,000 are still waiting for a decision.

View the latest statistics here:
May 17, 2013 Statistics on DACA

Markup Process for Comprehensive Immigration Reform begins May 9th

On Thursday, May 9, the Senate Judiciary Committee will begin markup of the new immigration bill. Over 300 amendments have been offered for the new immigration law and those will be reviewed during the markup process. Additional amendments will be offered.

Kudos to Senator Leahy for making the process transparent - all the amendments have been posted online and live webcast of the hearings is being broadcast. You can watch what happens here.

Can I still apply for DACA?

I often get a question asking when the application date for DACA expires. The answer is that there is no deadline to file for DACA (at least not at this time). Young people eligible for deferred action can still apply for it as well as for employment authorization card (work permit) which is a part of the application. In fact, some people are still becoming eligible for DACA every day - for example, one of the requirements is that you are at least 15 years of age to apply and some young people may just now be turning 15 (happy birthday, if that is you!).

Click here to see if you meet the basic qualifications for DACA.

The really big question though is "Should I apply for DACA?" There is no "yes" or "no" answer to this question. First of all, there are certain things that will disqualify you from applying. But even if you do qualify on paper, the grant of deferred action is discretionary. If you apply but the USCIS decides not to grant your DACA, you could be put into removal proceedings. You should only apply for DACA after consulting with an immigration attorney who can advise you.

Another thing of interest for those who receive DACA is the new immigration bill proposal which offers special benefits for DACA recipients, such as getting their green cards faster. However, keep in mind - this is only a proposal, meaning it could change or not pass at all.

E-mail  us your questions.

New I-9 Must Be Used Starting Today, May 7th

As of today, employers are required to use new form I-9 Employment Eligibility Verification for new hires and reverifications. The revision date of the new I-9 form is 03/08/2013. Employers need to make certain to use the new form to avoid penalties - the date can be located in the lower left corner of the form.

Among other requirements of the new I-9, employers should be aware that employees must receive the full set of instructions when completing the I-9. That includes instructions for both the employee and employer portions.

Where can I find the new I-9 form?
USCIS: I-9 Central

What are the penalties for I-9 form violations?
USCIS: Penalties

May 1, 2013 - Update on the New Immigration Law

There is not much update to report yet. The new immigration bill was introduced on April 16, 2013 and it was referred to Senate Judiciary Committee the same date where it is still lingering. Other events and issues, such as Boston Marathon bombing and gun legislation, have partially overshadowed the immigration debate but it seems to be gaining speed again if the recent news buzz is any indication.

We will keep you updated through our blog on any changes. Check with us often.

"The Undocumented" - A Documentary by Marco Williams

A compelling documentary about struggles of crossing Sonora desert and personal struggles of those affected by migrant deaths.

"The Undocumented" - Independent Lens - Independent Documentary Films | PBS

H-1B Cap Cases - Update on Issuance of Receipt Notices

The H-1B lottery was completed on April 7 and the USCIS has started data entry for the selected cases. If past is any indication, it may take until late May for the USCIS to issue all the receipt notices.

Source: AILA

New Immigration Bill Filed

The new immigration bill was formally filed today by a bipartisan group of senators. The 844-page bill provides a path to legal status (referred to as "registered provisional immigrant status") for many immigrants who have been residing in the U.S. before December 31, 2011. It would eventually lead to permanent residence after a person was in provisional status for 10 years, paid fees, filed taxes and otherwise complied with the requirements of the bill.

There are many other amendments in the new bill, including reclassification of spouses and minor children of permanent residents as "immediate relatives" which would greatly expedite unification of these families. Other provisions include blue cards for agricultural workers, changes to H-1B visa cap, making Conrad 30 program for foreign physicians permanent, etc.

There is still a long way to go before the bill becomes final. But it is a step in the right direction.

We will keep you posted on any new developments.

Those interested to read the bill can access it at:http://www.schumer.senate.gov/forms/immigration.pdf

News on Immigration Reform Bill

Today, a group of senators disclosed details of the long-awaited immigration reform bill which would give millions of immigrants an opportunity to legalize their status in the United States.

Read more...
Source: Reuters

Update on H-1B Cap

When the H-1B filing season started this April 1^st, everyone anxiously waited to see how many applications will be received during the first 5 days. For the first time since 2008, the H-1B was reached within the first week. Not just reached, but exceeded! This prompted the USCIS to conduct a “lottery” – a computer-generated random selection process to select 85,000 petitions which will be processed. The lottery was completed on April 7th.

Those that were not selected will receive their petitions and the filing fees back from the USCIS.

H-1B number game this year:

• Number of regular H-1B cap visas available: 65,000
• Number of advanced degree (Master’s degree or higher) H-1B cap visas available: 20,000
• Number of petitions received by USCIS the first week of April 2013: about 124,000

Perhaps it is time to address H-1B cap limits in the immigration reform and let the markets decide. 

DACA Statistics - March 31, 2013

The USCIS issued an updated DACA statistics report on March 31st, 2013:

• Applications received: 472,004 
• Applications approved: 268,361

USCIS to Implement Customer Identity Verification at Field Offices

On Monday, May 6, 2013, U.S. Citizenship and Immigration Services (USCIS) will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help to both defend against threats to national security and protect customers from identity fraud by enhancing the agency’s ability to verify identity.

Currently, USCIS requires applicants and petitioners requesting immigration or naturalization benefits to visit one of our Application Support Centers (ASCs) to provide biometric data. USCIS uses this data to help determine eligibility for requested benefits. This requirement, along with providing a government-issued document for examination, will not change.

For CIV, an individual appearing at a USCIS field office for an interview or to be issued evidence of an immigration benefit will have his or her identity biometrically re-verified. Examples of evidence include temporary travel documents, parole authorizations, temporary extensions of Form I-90, and temporary I-551 stamps on passports or on Forms I-94 to evidence lawful permanent resident status. Individuals coming to USCIS field offices for other purposes, such as an Infopass appointment or as the guest of an applicant or petitioner, will not submit biometric data.

Under this new process, staff will take two fingerprints and a photograph of the individual and input this information into the United States Visitor and Immigrant Status Indicator Technology’s (US-VISIT’s) Secondary Inspections Tool (SIT). SIT is a Web-based application that processes, displays and retrieves biometric and biographic data. US-VISIT also links databases associated with border inspections and security. After identity verification is satisfactorily completed, individuals will proceed to their interviews or be issued their immigration documents.

Last updated:04/08/2013

Source: USCIS.gov

"As Congress continues to debate ways to address illegal immigration, we must remember the many hard-working legal immigrants that contribute so much to our nation's economy and culture."

—Bob Filner 

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