Wednesday, August 28, 2013

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

Friday, August 16, 2013

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.

Thursday, August 15, 2013

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. 

Wednesday, July 17, 2013

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.

Monday, June 17, 2013

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.