USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary…Read More Breaking News

Movement of EB2 India to March 2009 for July 2018 Visa Bulletin

It seems we saw a jump on the EB2 India to March 2009 for the July 2018 Visa Bulletin. Although it is not quite would have been a good jump, it is still a welcoming news Employment- based All Chargeability Areas Except Those Listed CHINA- mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM 1st C 01JAN12 C 01JAN12 C C C 2nd C 01JAN15 C 15MAR09 C C C 3rd C 01JAN13 C 01NOV08 C 01JAN17 C Other Workers C 01MAY07 C 01NOV08 C 01JAN17 C 4th C C 08FEB16 C…Read More Breaking News

USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results. When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test…Read More Breaking News

Federal Register Changed not to allow third party placement of OPT student!

Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states: [T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training…Read More Breaking News

Acquisition of U.S. Citizenship for Children Born Out of Wedlock

USCIS, Apr. 18, 2018 - U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under sections 301 and 309 of the Immigration and Nationality Act (INA). USCIS is making conforming edits to the USCIS nationality charts. This update addresses: Changes to physical presence requirements in acquisition of citizenship cases per the U.S. Supreme Court decision in Sessions v. Morales-Santana; [and] Clarifications on what may qualify as a…Read More Breaking News

Report from AILA

Trump's 'Invisible Wall' Stifles Legal Immigration American Immigration Lawyers Association, Mar. 19, 2018 - "Despite overwhelming evidence of the value immigrants bring to our country, since President Trump took office in January 2017, the administration has adopted dozens of policies and procedures that are slowing, or even stopping legal immigration, without any Congressional action. ... While President Trump continues his very public fight for the construction of a physical wall, little by little, he and his administration are quietly and very deliberately restricting and slowing the pace of legal immigration by building an…Read More Breaking News

Eb1 for India and China retrogressed to January 2012

As you will notice the EB1 for India and China is being retrogressed by the State Department. However, it seems that on Chart B, the dates are still current. This means that provided the USCIS permits, people will still be able to file for their adjustment of status and get an EAD (Employment Authorization Document). A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES 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 authorized for issuance to all…Read More Breaking News

USCIS Modifies Asylum Interview Scheduling

USCIS, Jan. 31, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last…Read More Breaking News

Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc.

This is quite good news  regarding withdrawal and revocation of I-140. Based on the Matter of V-S-G Inc, USCIS will now inform both petitioners and beneficiaries on Notice of Intent to Revoke (NOIR) and Notice of Intent to Deny (NOID. However the beneficiaries will have to have duly filed an AC 21 supplement J. See complete memo below. Policy " On November 11, 2017, USCIS adopted as a matter of policy the AAO’s decision in Matter of V-S-G- Inc., which held that beneficiaries who have properly ported under AC21 are affected parties who…Read More Breaking News

USCIS Guidance on DACA Renewal Requests Affected by Mail Service Issues

U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy has been rescinded and individuals can no longer request deferred action under DACA, and in light of the mail service delays identified by USPS, Acting Secretary of Homeland Security Elaine Duke has directed USCIS to accept DACA renewal requests from individuals who resubmit their DACA renewal request with individualized proof that the request was originally mailed in a timely manner…Read More Breaking News

Law Show – October 12 2017

Shah Peerally Law Show - questions answered: immigration, H1B transfers, I-140 revocation, visa bulletin, November visa bulletin, renewal of gc, H1B extension, L1B, grace period, student visa, F1 visa and other immigration issues.Read More Breaking News

Immigration Law Show October 5 2017

Covering important topics such as AC21, 30/60 days rule, H1B premium, H1B transfer, I-140 petition, H1B news, L1A, L1B, family petitions, H4 to H1B, H4 EAD, 90 days rule, adjustment of status, AOS, change of status, COS, and visa bulletin predictions.Read More Breaking News

Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

Following a Cable from DOS, there is a change in the 30/60 day rule to 90 days. It is important to note that this is a rebuttable presumption and should be addressed at the outset of the application. 1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens…Read More Breaking News