The I-140 EAD (Employment Authorization Document) Proposed Rule

In the Spring of 2015, the Department of Homeland Security under Regulatory Agenda proposed a rule under Employment-Based Immigration Modernization   to change the existing I-140 employment based approval to grant a work authorization for those who are endlessly waiting for a permanent residence. This follows the November 2014, President Obama's announcement to change the law.  This rule is being proposed just like the H4 EAD was initiated and is still at the proposed rule stage.  It has to take its course before it becomes law. If it goes through, this rule might actually…Read More Breaking News

FOIA App. released by USCIS

July 8 2015 -The Freedom of Information Act (FOIA) is an important component to determine what has been filed or what is in the possession of the Department of Homeland Security on many cases. While it is a great tool, lately it has not function to the standard including delays from the USCIS.  Recently the USCIS launched an App to facilitate the release of  information and hope that it will ease the process.  Note that we often see the USCIS not releasing the entire file.  So far there are few glitches on the…Read More Breaking News

Raising awareness about the rights, responsibilities and importance of U.S. citizenship

July 7, 2015 - The USCIS announced that it is launching a program to raise awareness on the importance of US citizenship and the rights and responsibilities of the US citizen. This awareness campaign is intended to encourage those who are eligible for citizenship to actually file for Naturalization. Citizenship is the culmination of a life time effort for most immigrants to be part of a great nation.  While we all applaud the USCIS for this awareness campaign, we should remember that many people are still not granted citizenship on minor issues including…Read More Breaking News

Waivers Are Now Available to Cure Unlawful Presence and Obtain a Green Card

I-601A- Waiver of Unlawful Presence Many immigrants who wish to apply for a green card, but who came to the country without inspection (or a visa), will be found inadmissible due to their unlawful presence (that is, entering the U.S. without inspection).  The provisional unlawful presence waiver process, however, allows immediate relatives of U.S. citizens (spouses, children, or parents) who are currently residing in the United States to apply for a provisional waiver while in the United States, if the refusal of admission of the immigrant would result in extreme hardship to their…Read More Breaking News

California Assembly Going After H1B employers!

Assembly Joint Resolution 12 (AJR 12) seeking a federal investigation of the H-1B visa program following the alleged misconduct of Disney and Southern California Edison which have supposedly replaced the US employees by H1B workers.  Assembly member Eduardo Garcia (D-Coachella), Chair of the Assembly Committee on Jobs, Economic Development and the Economy, moved forward with an Assembly Joint Resolution 12 (AJR 12). While it seems that the cause is noble, the Assembly member has not really grasped which visas are really taking American jobs. At the end of the day, the most productive…Read More Breaking News

Five Years of Existence for the Shah Peerally Law Show

July 5, 2015 - On July 5, 2010 KLOK 1170 AM started airing a unique law show hosted by the prominent attorney Shah Peerally.  The law show, known as the Shah Peerally Law Show or Attorney On Air, has since then grown in audience and has been praised as one of the most "helpful and interesting show on Desi 1170 AM". Aired regularly on Monday 12p to 1pm and Thursday 10am to 11am, the program has actually  assisted thousands of listeners understand some very complex immigration questions. In addition, the shows have been…Read More Breaking News

DHS lost motion to Dismiss on H4 EAD lawsuit against Save Jobs USA.

As you all know there is an H4 EAD law suit going on and although Save Jobs USA lost the preliminary Injunction which was denied in May 2015, Save Jobs USA did not give up on the merits of the lawsuit. Today according to Law360, the government failed to Nix the lawsuit.  This means that government (DHS) was not able to get rid of the lawsuit.  Now it seems the case will be going on for hearing on the merits. While at this point, the judge has refused to stop the H4 EAD…Read More Breaking News

Immigration Law Show From KLOK 1170 AM Radio

July 2 2015 - Immigration law show recorded live on KLOK 1170AM and hosted by attorney Shah Peerally. The law show on July 2, 2015 covered issues such as traveling while on a green card, H1B change of status to H4 visa, H4 EAD, and other interesting immigration news. Check the radio archives, for more live law shows.Read More Breaking News

USA to open Embassies in Cuba

July 2, 2015 - Secretary John Kerry is planning to go to Cuba soon for the setting of US embassies. After years of severed ties, US has finally decided to rebuilt relationship with Cuba. We all welcome this move and for those who want to travel from Cuba and want to come to the United States, there will be new legal route including visitor, student and other types of visas coming soon.  As soon as the embassies are completely operative, we will keep all of you informed. We wish Cuba good luck and…Read More Breaking News

USCIS issues memo to rescinds hold on CSPA cases

This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices on Handling Certain Family- Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court decision in Mayorkas v. Cuellar de Osorio.” Officers are hereby instructed to adjudicate affected cases without further delay. USCIS Policy Memo June 25, 2015Read More Breaking News

Donald Trump v/s Mexico

One thing for sure is that Donald Trump is a typical "boss".  One of those whose conscience is only limited to money and business. While he was admirable for the show of the Apprentice, he showed his true xenophobic colors by branding all Mexicans as "criminals".  The part which is baffling is that although many networks have distanced themselves from the 'stupidity' of Donald Trump, his points in the polls have risen. This is a significant indication of the feelings of many Americans towards Mexicans, and Latinos but mainly against immigration. The need…Read More Breaking News

Groups asking USCIS to downgrade the rules on Simeio Decision – H1B Amendment!

July 1st 2015 - AILA and several technology groups are requesting the USCIS to downgrade the difficult rules to be enforced by the USCIS based on the Simeio case on H1B amendment cases. According to a letter sent on June 26, 2015, among other things, it is costly for the companies to actually comply. We agree with their position. The truth is that the rule under "Simeio" in itself can be challenged on many grounds. In case USCIS does not come to terms with the issues involved, we might start seeing some serious…Read More Breaking News