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  • Shah Peerally Law Group Pc American immigration lawyers association Providing Immigration Solutions
    for Employers & Individuals
    Shah Peerally 24*7 Radio show on Attorney on air
  • Shah Peerally Law Group Pc American immigration lawyers association Providing Immigration Solutions
    for Employers & Individuals
    Shah Peerally 24*7 Radio show on Attorney on air
  • Shah Peerally Law Group Pc American immigration lawyers association Providing Immigration Solutions
    for Employers & Individuals
    Shah Peerally 24*7 Radio show on Attorney on air
  • Shah Peerally Law Group Pc American immigration lawyers association Providing Immigration Solutions
    for Employers & Individuals
    Shah Peerally 24*7 Radio show on Attorney on air

Latest Visa Bulletin

 

visabulletin

READ ABOUT VISA CUT-OFF DATES 
By: Shah Peerally Esq.

The February 2014 Visa Bulletin is out and EB3 for All other countries movie to June 2012 while India still backlogged for both EB2 and EB3.

Family Based

Family-Sponsored
All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01JAN07 01JAN07 01JAN07 01OCT93 15AUG01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B 08JUL06 08JUL06 08JUL06 01MAY93 22MAY03
F3 15MAY03 15MAY03 15MAY03 01JUN93 08FEB93
F4 22OCT01 22OCT01 22OCT01 08NOV96 08AUG90

Employment Based

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
08JAN09 15NOV04
C
C
3rd
01JUN12
01JUN12
01SEP03
01JUN12
15APR07
Other Workers
01JUN12
01JUN12
01SEP03
01JUN12
15APR07
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

The January 2014

FAMILY PETITIONS

Family-Sponsored All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 08DEC06 08DEC06 08DEC06 22SEP93 01JUL01
F2A 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13
F2B 01JUN06 01JUN06 01JUN06 01APR94 01MAY03
F3 15APR03 15APR03 15APR03 01JUN93 01FEB93
F4 01OCT01 01OCT01 01OCT01 01NOV96 01JUL90

EMPLOYMENT BASED

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08DEC08 15NOV04 C C
3rd 01APR12 01APR12 01SEP03 01APR12 15FEB07
Other Workers 01APR12 01APR12 01SEP03 01APR12 15FEB07
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C C C C C

The December 2013 shows no big move on family petitions but another huge retrogression for India.

Family-Sponsored
All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 15NOV06 15NOV06 15NOV06 22SEP93 01JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B 01MAY06 01MAY06 01MAY06 01APR94 22MAR03
F3 08MAR03 08MAR03 08MAR03 01JUN93 22JAN93
F4 08SEP01 08SEP01 08SEP01 22OCT96 01JUN90

Employment Based Petitions where India retrogresses to 2004

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
08NOV08 15NOV04
C
C
3rd
01OCT11
01OCT11
01SEP03
01OCT11
08JAN07
Other Workers
01OCT11
01OCT11
01SEP03
01OCT11
08JAN07
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

The November 2013 Visa Bulletin is out and we see no progress or retrogression on F2A compared to October 2013. No big changes on the EB categories either.

Family Based Categories

Family-Sponsored
All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 22OCT06 22OCT06 22OCT06 22SEP93 01JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B 22MAR06 22MAR06 22MAR06 01APR94 01MAR03
F3 08FEB03 08FEB03 08FEB03 01JUN93 08JAN93
F4 22AUG01 22AUG01 22AUG01 22OCT96 22APR90

Employment Based Categories.

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
08OCT08 15JUN08
C
C
3rd
01OCT10
01OCT10
22SEP03
01OCT10
15DEC06
Other Workers
01OCT10
01OCT10
22SEP03
01OCT10
15DEC06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

The Visa Bulletin October 2013 is out and we are seeing a small retrogression on F2A categories to September 2013 and EB2 India on June 2008 and EB3 for all other countries Chargeability is 2010.  Seems the trend continues to be good.

Read the entire Bulletin here

Family

Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01OCT06 01OCT06 01OCT06 22SEP93 01JUN01
F2A 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13
F2B 01MAR06 01MAR06 01MAR06 08MAR94 08FEB03
F3 22JAN03 22JAN03 22JAN03 22MAY93 01JAN93
F4 08AUG01 08AUG01 08AUG01 15OCT96 22MAR90

Employment

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
15SEP08 15JUN08
C
C
3rd 01JUL10 01JUL10 22SEP03 01JUL10 15DEC06
Other Workers 01JUL10 22SEP04 22SEP03 01JUL10 15DEC06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

September 2013 Visa Bulletin

Visa Bulletin is out and Family Petitions F2A still current and India Moves to June 2008 – really good news.

FAMILY PETITIONS

Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 15SEP06 15SEP06 15SEP06 08SEP93 08MAY01
F2A
C
C
C
C
C
F2B 15FEB06 15FEB06 15FEB06 22FEB94 22JAN03
F3 22JAN03 22JAN03 22JAN03 15MAY93 22DEC92
F4 22JUL01 22JUL01 22JUL01 08OCT96 15FEB90

EMPLOYMENT BASED SEPTEMBER 2013

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
08AUG08 15JUN08
C
C
3rd 01JUL10 01JUL10 22SEP03 01JUL10 01DEC06
Other Workers 01JUL10 15JUN04 22SEP03 01JUL10 01DEC06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

August 2013 Visa Bulletin.

Finally a move for India EB 2 category to January 2008. We hope this trend will continue.

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08AUG08 01JAN08 C C
3rd 01JAN09 01JAN09 22JAN03 01JAN09 22OCT06
Other Workers 01JAN09 22MAR04 22JAN03 01JAN09 22OCT06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
C C C C C

Read the entire August 2013 Bulletin here

July 2013 Visa Bulletin EB Category. Again India is stuck to September 2004.  This is getting more and more stressful.

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08AUG08 01SEP04 C C
3rd 01JAN09 01JAN09 22JAN03 01JAN09 01OCT06
Other Workers 01JAN09 22MAR04 22JAN03 01JAN09 01OCT06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

More Visa Bulletin 

June 2013

Not much move for India but unexpectedly seems china EB3 is moving faster than EB2

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15JUL08 01SEP04 C C
3rd 01SEP08 01SEP08 08JAN03 01SEP08 22SEP06
Other Workers 01SEP08 22OCT03 08JAN03 01SEP08 22SEP06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

May 2013

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15MAY08 01SEP04 C C
3rd 01DEC07 01DEC07 22DEC02 01DEC07 15SEP06
Other Workers 01DEC07 01SEP03 22DEC02 01DEC07 15SEP06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

 

 

April 2013 is out and EB2 categories for India is not doing better.  This is a sad situation.

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01APR08 01SEP04 C C
3rd 01JUL07 22APR07 08DEC02 01JUL07 08SEP06
Other Workers 01JUL07 01AUG03 08DEC02 01JUL07 08SEP06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

 READ THE COMPLETE VISA BULLETIN HERE

MARCH 2013 VISA BULLETIN.

The Visa Bulletin is out again and the March 2013 does not show any improvement for Indian Nationals on EB2 while China mainland moves one month forward.  This is really disturbing.

EMPLOYMENT BASED

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15FEB08 01SEP04 C C
3rd 01MAY07 22JAN07 22NOV02 01MAY07 01SEP06
Other Workers 01MAY07 01JUL03 22NOV02 01MAY07 01SEP06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

FAMILY BASED

Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 15FEB06 15FEB06 15FEB06 22JUL93 15OCT98
F2A 22NOV10 22NOV10 22NOV10 15NOV10 22NOV10
F2B 01MAR05 01MAR05 01MAR05 15JAN93 08JUN02
F3 15JUL02 15JUL02 15JUL02 15MAR93 15SEP92
F4 22APR01 22APR01 22APR01 15AUG96 15JUL89

*NOTE:  For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15NOV10.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT MEXICO with priority dates beginning 15NOV10 and earlier than 22NOV10.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; the

What is the Visa Bulletin?

The Visa Bulletin is what actually controls the issuance of the permanent residence or green card number.  Despite, most of the time the cases for immigration are processed by the Department of Homeland Security (DHS), until and unless the State Department mentions a “visa” or number is available, the beneficiary will not obtain his or her permanent residence. This is based on a quota allocated as per country. There are few exceptions to this rule namely there are no waiting time for immediate relatives and certain other visas because there are no quota allocated.

Why Dates are Retrogressed or Some People have to wait for a long time to get their permanent residence (green) card?

Because there is a quota and because some countries have a situation of “over-application”,  the Department of State, borrows on the coming years.  For example, let us say for a certain visa, they allocate only 100,000 visas per year.  In this year (Year 1) they received 120,000 applications.  They will serve the 100,000 and wait for the other year to borrow 20,000 which will leave only 80,000 visas for Year 2.  Let us say in year two they get 150,000 applications, they will have to borrow 70,000 visa for Year 3.  And it goes on and on which ultimately creates a backlog on certain family visas and employment based visas.  For this reason a priority is assigned to each application for them to know their position in the line.  Unfortunately since the Department of State (DOS) cannot really predict the number of applications to be received by the DHS, the Visa Bulletin changes every month – sometimes moving forward and unfortunately too often moving backward.

How to read the visa bulletin chart?

The Visa Bulletin is not very complicated to understand if you understand which category you belong to.  However, the dates placed on the visa bulletin only gives the dates when a processing is current for a permanent residence to be issued.  If by the time your case is processed, the date are retrogressed (went backward), the government reserves the right not to issue the green card.  The Visa Bulletin date also does not reflect time the way we understand in general.  For example, you might see a category date is Dec 2010.  Most people would assume as per 2013, in 3 years, you will receive your greencard or permanent resident card.  But that is not true because:

1. The date may advance resulting in someone getting their permanent at an earlier stage; and

2. Dates often retrogress seeing one year for a movement of one month.  The EB3 categories and EB2 categories for India are good examples.

Therefore a prediction based on the Visa Bulletin is almost ‘a guessing game’.  You should always check the visa bulletin.  Our law firm will try its best to put the recent visa bulletin on this link.

What are the Categories for Family Petitions?

FAMILY-SPONSORED PREFERENCES

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Explanation: The F1 unmarried sons and daughters – are for US citizens who are applying for their unmarried son or daughters.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents.

Explanation: The F (second) spouses unmarried sons and daughters – are for permanent residents who are applying for their spouses, sons and daughters (Note that a permanent resident cannot applying for married sons or daughters.)

Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Explanation: This applies for children who are under 21 years old.  Note that the Child Status Protection Act might be helpful in such cases.

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

(REFER THE CHART FEBRUARY 2013)

*NOTE:  For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08OCT10.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT MEXICO with priority dates beginning 08OCT10 and earlier than 22OCT10.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:         

EMPLOYMENT-BASED PREFERENCES

First:   Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Explanation: EB1 categories are those categories which cater to people with extraordinary  abilities under EB1A, the EB1B for outstanding researchers & professors and EB1C Multinational Managers and Executives (usually people who also qualify for L1 ).  

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Explanation: EB2 categories are those categories which help most of the engineers and people with a US Equivalent Bachelor Degree plus five years of progressive experience or US equivalent or US Masters Degree. 

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart mentioned, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

FAMILY BASED FOR FEBRUARY 2013

Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 15JAN06 15JAN06 15JAN06 15JUL93 08MAR98
F2A 22OCT10 22OCT10 22OCT10 08OCT10 22OCT10
F2B 15JAN05 15JAN05 15JAN05 15DEC92 15MAY02
F3 08JUL02 08JUL02 08JUL02 08MAR93 22AUG92
F4 15APR01 15APR01 15APR01 01AUG96 01JUN89

EMPLOYMENT BASED FOR FEBRUARY 2013

 

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15JAN08 01SEP04 C C
3rd 15MAR07 15NOV06 15NOV02 15MAR07 22AUG06
Other Workers 15MAR07 01JUL03 15NOV02 15MAR07 22AUG06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs
C C C C C

 

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Latest Pages

1. “I Do” is not enough for USCIS

By- Rabell Afridi

Most people only require a wedding band as evidence of their marriage. In fact, your average married couple doesn’t have to prove to others that they’re married. Attending their grand wedding is evidence enough that they are in fact married; in immigration, the complete opposite is true. For those individuals who are interested in filing a marriage petition for their spouse, there are many levels of evidence necessary to prove that the marriage is in fact real. The reason for all this required evidence is the fact that many people do choose to get married for the immigration benefits. America is a land of opportunity and some people feel as if the only way to access it is through illegal means. So naturally it’s important for the United States Citizenship and Immigration Services (USCIS) office to see that marriage petitions are indeed obtained through valid marriages. How do you prove a marriage? What kinds of evidence is USCIS looking for to describe a bona fide marriage? The evidence essentially is very much a timeline of the relationship. The strongest marriage petitions show the development of the couple, from the beginning to present time. USCIS want to see that you’re a strong unit that has a genuine relationship. There are essentially 5 levels of evidence for a marriage to be valid for USCIS. Levels 1-4 are the most essential, level 5 is more like extra credit.

Level 1- Evidence of courtship: This is evidence that basically shows that the couple has been communicating to one another through different means during the period of their relationship. There are many modes of communication so providing any and all of them will greatly strengthen your case. USCIS wants to see that, like a typical couple, that courtship is present.

Level 2- Evidence of the wedding: This evidence basically displays that an actual wedding event took place. USCIS wants to see that the couple celebrated their marriage and had guests present to witness the celebration. This is natural for most couples who usually have a reception take place after the wedding ceremony to share their happiness with their closest and dearest family and friends.

Level 3- Evidence of Residence: USCIS wants to see that the married couple actually lives together because that is typical for the majority of married couples. After all marriage is about building a home and life together so sharing a place of residence is essential. Even after the petition is approved, an impromptu visit from USCIS to the home is very possible to make sure that the couple is in fact residing together.

Level 4- Evidence of Financial Distribution: There should also be evidence that the couple is sharing their finances. Essentially, it’s important to display that there is equal financial contribution to different bills for both individuals in the marriage. This is the norm for a couple who’s married; their expenses become shared expenses and for USCIS this is strong evidence that they are in fact a married couple.

Level 5- Evidence of Offspring: This is definitely not a requirement for USCIS. A couple that hasn’t been together for very long will most likely not have children together. However if the couple does have offspring together it’s important to show that the offspring are in fact the product of the two. This would be quite strong evidence that the marriage is in fact a bona fide marriage since they already have a family together.

These five levels of marriage are just some of the basic types of evidence to prove a strong relationship and consequently a valid marriage. There is always more you can add to further strengthen the case. However, it’s important to recall that if the spouse that’s being sponsored lives in the United States, then there will be an interview held. In this interview, the types of questions that USCIS will ask will be extremely personal ones that only a married couple would know. Individuals can therefore also choose to include evidence that also displays this same intimacy because it will provide greater support for the case. What a couple chooses to provide is ultimately up to them but these levels of evidence are a general guide that provides a strong case and therefore a higher success rate for the marriage petition to be approved. If you are interested in retaining the services of an immigration law firm that has dealt with many marriage petition cases successfully, please give us a call at Shah Peerally Law Group at 510-742-5887 or send us an email at info@peerallylaw.com.

2. About Shah Peerally, Esq.

Shah Peerally is a Newark California based attorney practicing immigration law. Shah has seen tremendous growth in his career beginning with humble beginnings to becoming one of the most sought after attorney’s in Bay area. More than his professional qualifications, what distinguishes him from other lawyers in this field is his genuine compassion for people and his ability to cut across barriers and make them feel that there is hope for them.

Shah has constantly fought for the rights of immigrants and has tried to help them in various ways possible, whether it is through free legal clinics in churches, mosques or temples or talking to people through his law show on radio. Moreover his background as an immigrant himself makes him identify with the likes of others in similar position as he had been.

Shah thinks he is best defined as ‘street smart’ and has learnt more on the job than from any course. His genuine concern shows in the way he interacts with people and this has earned him not only respect but love from the immigrant community. In an attempt to educate people and make them aware of their rights and give them a sense of identification, Shah has invested in the Shah films which makes socially conscious films that talk of the problems of immigrants and also provides them solutions to a certain extent.
His dedication and passion for his work have been recognized on various podiums and Avvo, the national attorney rating service has rated him as 10/10 which is their highest rating level reserved for the best attorneys.

Shah Peerally, was born on in Mauritius, and attended the Royal College of Curepipe in Mauritius. Having worked with different corporations in Mauritius, Shah then moved to the United States where he and obtained his Juris Doctorate degree from New College School of Law, in San Francisco, California. He subsequently gained admission to the California State Bar too. Over the next few years, he began building his base in the legal fraternity by working in avenues such as litigation and business law for well known law firm of McNichols Randick O’Dea & Tooliatos LLP, in Pleasanton, California.

At a later stage, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. He was also appointed as attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. Throughout the journey, Shah nursed the ambition of having his own law firm and in 2005; he founded the Law Offices of Shah Peerally. Today he is the founder and managing attorney of Shah Peerally Law Group PC, a professional corporation and under his capability the firm has seen the highest pinnacles of success.

Shah holds memberships in the State Bar of California, American Bar Association (ABA) and the American Immigration Lawyers Association, National Association of Consumer Bankruptcy Attorneys (NACBA), and International Association of Professional Debt Arbitrators (IAPDA). Shah is also admitted in the Northern Federal District Court, Eastern Federal District Court of California and the 9th Circuit Court of Appeals.

Apart from his legal work, the Shah Peerally name has been associated with a lot of pro bono work that he has done. In fact whenever there has been a crisis for the immigrant community, the Shah Peerally name has been the foremost in terms of handling the crisis in an efficient and fast manner, so that the chances of the immigrants being effected is minimum.

Shah’s activities have been geared towards helping people in spreading of awareness regarding Immigration laws and their capabilities and use as far as immigrants are concerned. For this role of his in society, he has often been a part of the expert legal analysts for many TV networks such as NDTV, Times Now and Sitarree TV. In collaboration with this there has been coverage about his work in newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international media both print and online.

For his passionate and dedicated work, towards conducting immigration related workshops Shah has been commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee too. Shah has been a prominent activist for various immigrant communities and has always fought for their rights in whatever capacities that he could. Also he has been a regular participant in lectures and free legal clinics across the nation.

In what is an extremely rewarding acknowledgement for his work, Shah has been selected as a rising star of Northern California by Superlawyers.com. Added to this, 2013 has seen Shah been bestowed with the honor of being selected as one of the ‘Young Outstanding Lawyers of Northern California’. This is a reflection of not only of his own caliber but that of his entire firm. In fact the attorneys of the Shah Peerally law group have been featured as legal experts on major international TV networks such as NDTV and Times Now for guiding immigrants during major immigration crisis over the years.

The most interesting part about Shah Peerally’s career has been his diversification into different platforms that raise the issues of immigration. Now with his own film production house, he makes films that will be an eye opener to the masses on issues that have been particularly troublesome for the immigrants. These films are an extension of his voice and concern as a lawyer determined to get justice for the immigrants to the US and to fight for their cause while also propagating for better immigration reforms. And in that Mr.Peerally’s work is extremely futuristic and aimed at a basic promotion of the interests of all sorts of voices across the globe.

risingstaroutstandinglawyers

3. 7 Things to consider before filing your Citizenship/Naturalization (N400) application.

By Shah Peerally

The Naturalization or US Citizenship application is the culmination and the ultimate goal of most immigrants coming to the United States. It is in itself an easy application. It is in fact, only one form the N-400 application. However, while the application is easy the process might be daunting for many people depending how the permanent residence was obtained and many other factors. This article does not cover the timing when you are eligible for the application. It covers some of the issues that might arise during and prior to the Citizenship interview. As such we recommend you consider the following few tips.

  1. The Truth Shall set you Free: First and foremost, never lie on the application. Just like in any application, you shall tell the truth because if you lie, it might really cost you. If you have any doubts on things, we recommend you consult an experienced attorney. Our law firm can do a consultation for you by calling 510. 742 5887.
  2. Criminal Background: If you have been convicted of any crimes, we recommend that you hire a lawyer to represent you in the case. As you know certain crimes might not only result a denial but might trigger a removal also known as deportation. A good lawyer familiar with such cases might be able to assess the situation before filing the case.
  3. Moral Character for the past five years: One of the requirements to obtain your citizenship is to show that you presented good moral character during the past five years. While you might not have been convicted of any serious crime, violation of certain laws or behaviors might show that you have not demonstrated good moral character. Again this is contained and dealt with on a case by case basis and an experienced immigration attorney might be able to help.
  4. Amount of days spent abroad: Depending how you obtained your permanent residence (greencard), you need show that you have actually physically spent either 18 months (usually when you are married to a USC) or 30months during the past five years in the country. You also have to prove that you have not broken the continuity to obtain your citizenship (see article). However, there are exceptions to such rule and a good seasoned immigration attorney might be able to help you. For example, we had a client who spent 11 months continuously abroad and yet we were able to obtain her citizenship. Such cases are difficult but they are not impossible. If you are in a similar situation, please contact our office at 510 742 5887.
  5. Past behaviors: If you have unfortunately filed certain fraudulent documents or have made use of some of the scrupulous “immigration consultants” to prepare your applications, we definitely recommend having an attorney present and preparing your case. Lately we have seen many cases where USCIS (United States Citizenship and Immigration Services), have been digging in the past of the applicants to find that not only they are not eligible for citizenship but also trying to find ways to place applicants into removal proceedings (aka deportation).
  6. Obtaining your Permanent Residence through Employment: There are many ways to obtain your permanent residence and in the Silicon Valley California, a vast number of people obtained their greencards through employment. Few of the issues we are seeing now when they reach the citizenship application level: 1) The USCIS questioning the authenticity of the position and 2) how long they worked for the company after obtaining the greencard. While there is no specific rules on ‘how long’ you are supposed to work for the petitioning company, a short period or no work might be construed as fraud. Therefore, make sure that you speak to an attorney very well versed in employment based immigration before applying. Our law firm has handled hundreds of employment based immigration cases and if you call us at 510 742 5887, we shall be glad to help.
  7. Obtaining your Permanent Residence through Marriage: Although your permanent residence was approved through a bona fide marriage. If your marriage terminated through a divorce, be ready to explain and prove the bona fide (good faith) of the marriage again. It is also recommended to have documents to prove the bona fide of your marriage if you are filing based on a marriage to a US citizen, that is, on a 3 years period. We highly recommend to have the assistance of a good lawyer to help.

 

This article should in no way be construed as a complete guide on citizenship. The above is provided for educational purposes only, and are only few issues which can arise from the application of your citizenship/naturalization. We hope that it will, at least, assist you in understanding some of the basic problems relating to the matter and give you a quick idea on what to expect.

No attorney-client relationship is created by this article unless a contract is signed by the attorney and the client.

Should you have any questions, please visit www.PeerallyLaw.com or call us at 510 742 5887.

4. Naturalization basic facts

Naturalization and Who Qualifies?

Naturalization is a process that changes a person’s immigrant status to that of a US Citizen. For Naturalization you need-

  1. A green card for 57 months (33 months if the green card was obtained through marriage to a US Citizen),
  2. Know the English language well
  3. Be familiar with US Civics and History
  4. Have a good moral character.

Citizenship through Naturalization

An application for naturalization can be done after 4 years and 9 months from the date that you received your green card, or 2 years and 9 months (33 months) if you received your green card through marriage to a US Citizen or VAWA. You have to be physically present in the US for 30 months or 18 months if you received your green card through marriage without breaking continuity of residence in the US, unless you can prove later that continuity was not broken.

Interpretations of the rules for Naturalization

Those above 50 and with a green card for 15-20 years have concessions in the English language test. Disability exemptions are applicable for all tests.

65, year olds, with a green card for 20 years, need only a simplified civics and history test.

Good moral character, being subjective, is often decided by the reviewing officer. Community service, arrests, convictions, drunkenness, etc are taken into consideration.

Benefits and Limitations of Applying for Naturalization

  1. Naturalization can lead to US Citizenship.
  2. A US Citizen has plenty of benefits
  3. You are eligible to vote and apply for government jobs.
  4. Fraud in case of Naturalization can revoke the citizenship.

Attorney’s role in Naturalization

Many people feel uncomfortable facing a USCIS officer alone.  Some, applicants don’t know which document they should present and how to present their case especially if  there are complications like previous arrests, breaks in continuity of stay in the US, etc. For all this an immigration lawyer with experience is highly recommended.

Contact the Shah Peerally Law Group to discuss your Naturalization process. Contact through  email  at info@peerallylaw.com  or call at 510-742-5887.

5. I-601 Waiver Lawyers

What is an I-601 Waiver?

An I-601 Waiver is a mechanism by which an applicant for U.S. visa who has been denied admission on a “ground of inadmissibility” can “waive” the ground of inadmissibility by proving certain conditions that are can ultimately lead to an US visa.

What is a “Ground of Inadmissibility”?

There are different grounds of inadmissibility; under which a visa may be denied. The I-601 applies to some of these conditions. Waivers can be used, in these grounds of inadmissibility-

  • - Illegal presence in the U.S.
  • - Misrepresentation or fraud
  • - Applicant has a criminal history.

Waivers cannot, be used in cases where-

  • - There are charges of drug trafficking
  • - Applicant has made false claims to U.S. citizenship

What is necessary for a Waiver to be Granted?

While applying for an I-601 Waiver make sure-

  • - A qualifying relative in the U.S. who will suffer “extreme hardship” if you cannot join him/her.
  • - That the USCIS officer adjudicating the I-601 views your application in a positive frame of mind.

How can an Attorney’s help you in filing an I-601 Waivers?

The entire I-601 Waiver petition process can be difficult and lengthy one. A qualified immigration attorney can assess whether an I-601 waiver will be suitable for your case. The attorney will suggest what kind of documentation is necessary to support eligibility for a waiver of inadmissibility. And present your case well. The decision to hire an expert attorney in such a case of I-601 Waiver can make or break your case.

For this you can contact the Shah Peerally Law Firm and discuss the I-601 visa waivers with experienced immigration lawyers. Feel free to contact by email at info@peerallylaw.com or call at 510-742-5887.