Other Immigration Benefits

BIA holds that Immigration Judge needs to inform asylum applicants of biometrics deadline and consequences.

BIA held that IJs must notify asylum applicants of biometrics requirements, deadline, and noncompliance consequences, and that IJs and BIA lack jurisdiction to consider if asylum-only proceedings were improvidently begun under a VWP referral. Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015 It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences…Read More Breaking News

Update for DACA Recipients Who Received 3-Year Work Permits

USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. Twenty-two of the approximately 2,600 recipients failed to return their work permits or certify good cause for not doing so by the deadline of July 30, 2015. As a result, those 22 have been terminated from DACA. The recall only applied to SOME individuals who received a card after the Feb. 16, 2015, court order. There are approximately 108,000 individuals who have valid 3-year DACA work permits and do not need to return them. If you…Read More Breaking News

July 30 2015 Immigration Law Show – H4 visa issues, H1B and adjustment of status.

The July 30 2015 law show covered questions such as H1B amendment, H1B transfers, premium processing, H4 work permit, I-140 revocation, B1/B2 and adjustment of status, tourist visa extension, visitor visas, adjustment of status and many more interested topics. Listen to the recorded law show here.  Please share the link. Listen Music Files - Upload Audio Files - Immigration Law Show by Shah...Read More Breaking News

Urgent Message to DACA 3 years EAD recipients.

July 31 2015  - DACA recipients should be advised the three-year work permit recall only applies to SOME individuals who received a card after the February 16, 2015, court order. If you received a letter or were contacted directly by USCIS regarding the recall of certain three-year work permits, you must IMMEDIATELY return your three-year work permit, also called an Employment Authorization Document, to your local USCIS office. If you fail to return your card, USCIS will terminate your DACA and all employment authorizations effective July 31, 2015. Please carefully read the information USCIS…Read More Breaking News

Re-Registration TPS for Somalia Deadline July 31 2015

July 30 2015 - Friday, July 31, 2015, is the deadline for current Somalia Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from Sept. 18, 2015, through March 17, 2017. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization. Read MoreRead More Breaking News

How to check your case status and know about your case?

The immigration process is daunting and sometimes stressful. The waiting time on cases can really be unbearable and as such many applicants, beneficiaries or even petitioners are eager to know the status of their cases.  There are many tools available to inquire about your status or what is actually happening on the cases.  Below are few ideas how you should proceed. Check the Status Online The USCIS offers a very interesting tool when it comes to checking status on your case. In order to check the status on your need to enter the…Read More Breaking News

Humanitarian Parole Available for Temporary Emergency Entry into the U.S.

Humanitarian Parole: Humanitarian parole is an emergency measure, used only in extraordinary circumstances to allow someone who otherwise would not be admissible to the United States to enter the U.S. due to urgent circumstances or a compelling emergency. The measure grants temporary admission for the duration of the emergency. USCIS may grant the humanitarian parole to anyone applying for admission into the U.S. based on urgent humanitarian reasons, or if there is a significant public benefit, for the length of the emergency or humanitarian situation. For example, USCIS may grant the parole if…Read More Breaking News

Traveling on a Pending I-485 (Adjustment of Status)

During a pending adjustment of status, many people will actually be wanting to travel outside the United States.  You cannot actually travel outside the US during a pending adjustment of status (form I-485) unless you have an approved parole form I-131 and have not accrued unlawful presence for more than 180 days. We also would not recommend traveling at all if you are on a non-dual intent visa until you obtain your permanent residence card. In case, you have some criminal background issues, we recommend you speak to a lawyer before traveling abroad.…Read More Breaking News

USCIS New Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

USCIS will now not disqualify religious workers cases based on the fact that the experienced acquired was not on a lawful status. For example a religious worker who obtained experienced while volunteering on a B1/B2 visa or without legal presence.  Note that there might be other reasons for denial.  Nonetheless,  this opens the door to many possibilities for religious workers. We welcome this new policy and invite all those who want to file for an R visa or EB4 to contact our office. On April 7, 2015, the U.S. Court of Appeals for the…Read More Breaking News

Las Exenciones Para Corregir la Presencia Ilegal y obtener una Green Card, están disponibles.

I-601A – Exención de Presencia Ilegal Muchos inmigrantes que desean aplicar para una Green Card, pero que llegaron al país sin inspección (o una visa), serán inadmisibles, debido a su presencia ilegal. (Que es entrar a los Estados Unidos sin inspección). El proceso de exención de presencia ilegal, permite a los parientes inmediatos de ciudadanos Americanos (esposa, hijos o padres) que están actualmente residiendo en los Estados Unidos aplicar a una exención provisional, si la negativa de admisión de los inmigrantes resultaría en dificultades extremas a su pariente relativo de Estados Unidos. Si…Read More Breaking News

Another Successful VAWA Case from the Shah Peerally Law Group PC Team.

July 10 2015 - Today we congratulate the team for a successful outcome on a difficult VAWA (Violence Against Women Act) case.  This case was full of difficulties because there was only mental abuses involved and the evidence was limited. We congratulate the team for working hard on this case and also answering a very difficult request for evidence (RFE) resulting in an approval of the I-360. As you know VAWA is obtained in cases where the applicant has a 1) bona fide marriage 2) been abused mentally, physically or both and 3)…Read More Breaking News

USCIS requesting DACA 3 years and beyond EAD recipients to returned their EADs.

Following the mistakes of the USCIS in issuing 3 years EAD to certain DACA applicants, the USCIS is requesting those who erroneously received a DACA EAD for 3 years or beyond to return the EAD by July 17th 2015. Another EAD of two years are being issued for those who are eligible for a DACA work authorization document.  If you are one of those who received such a letter, we recommend that you comply immediately. Below is part of the draft letter being sent to certain DACA 3 years EAD recipients. REMINDER NOTICE:…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

T6 and Adjustment of Status (AOS) for U and T visas

On April 15, 2015, the USCIS issued a policy memorandum (PM-602-0107) establishing a new derivative category for the adult or minor child of a derivative beneficiary of a T visa. Further, the policy memo established guidelines for the related T and U visa nonimmigrant adjustment of status applications. The policy changes detailed in the memo are binding on all USCIS employees. New T-6 Derivative Category Section 1221 of VAWA 2013 expanded the derivative category based on present danger of retaliation to include children (adult or minor) of the principal’s derivative family members if…Read More Breaking News

Temporary Protected Status Has Been Granted to Nepalese

Temporary Protective Status has been granted to Nepalese Citizens! Thanks to the efforts of Senators Charles E. Schumer and Mazie K. Hirono, citizens of Nepal who are already in the United States can now legally remain in the country even after their visas expire. Although it has not been formally announced by the USCIS, reports that Nepal has been granted the protective status have been substantiated by a press release from the office of Senator Chuck E. Schumer. What is TPS Temporary Protective Status (TPS) is a humanitarian effort that establishes a temporary…Read More Breaking News