Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Fraud or scam alert from DHS OIG

4/26/2017

If you received a phone call from someone saying they are from "US immigration" from a 800 number that appears to be the USCIS Hotline -- beware -- these are scammers!

The DHS Office of Inspector General (OIG) issued a fraud alert on April 19, 2017, to warn the public about a scam using the DHS OIG hotline OFFICIAL telephone number.

Scammers have identified themselves as “U.S. Immigration” employees and have altered their caller ID to seem like the call is coming from the DHS OIG hotline (1-800-323-8603). They then demand that the individual provide or verify personally identifiable information, often by telling individuals that they are victims of identity theft. Some of the scammers had strong foreign accents.

Read the DHS OIG fraud alert Press Release for more details here.

In Russian:

Если вам позвонили с 800 номера, который выглядит как официальный номер Hotline иммиграционной службы США, DHS OIG, и требуют, чтобы вы предоставили вашу личную информацию (номер соц страхования, А номер, дату и место рождения, ИФО и т.п.) - не верьте, это спамеры.

19 апреля 2017 офис OIG DHS опубликовал предупреждение не доверять таким звонкам, и не предоставлять свои данные по телефону. Их сотрудники не звонят по телефону гражданам с вопросами. Это скамеры, скорее всего из-за границы. Многие заметили, что у скамеров сильный иностранный акцент.

I-601A Provisional Waiver Update: How to Avoid Rejection

3/23/2017

In recent months, we have heard from many people whose applications for a provisional waiver, I-601A, were rejected for some technical and easily avoidable reason. USCIS had reported that they have seen an increase in rejections of Forms I-601A, Application for Provisional Unlawful Presence Waiver.

Please remember that if you are requesting a provisional unlawful presence waiver, you must file the current version of Form I-601A with the proper fee(s) and in accordance with the form instructions.
When submitting Form I-601A, please make sure you:

Submit the most current version of Form I-601A (update 04/2019: current edition is 02/13/2019)

Complete all required fields and sign the form.
Submit the proper filing fee of $630.(as of 2017). If you are younger than 79, you must also pay $85 for biometric services (for I-601A)

Also, you must submit:

A printout from the Electronic Diversity Visa Entrant Status Check page at dvlottery.state.gov confirming that you are a DV Program selectee or derivative

or

The U.S. Department of State (DOS) National Visa Center immigrant visa processing fee receipt showing you have paid the fee in full.

Note: Documents such as the Immigrant Visa Application Processing Fee Bill Invoice, Affidavit of Support (AOS) Fee receipt or a receipt showing the payment is in process are not accepted and could cause delays in processing your case. You must provide a proof that you paid the immigrant visa fee and the payment was processed.

To ensure that you application is approved, it is your burden, as an applicant, to provide sufficient evidence of extreme hardship, relationship and other supporting documents.

These are all issues that are easy to correct. Do not place yourself in the situation where your application is rejected for a silly and easily avoidable reason, or denied for lack of evidence and supporting documentation. If you need legal advice, want to schedule a consultation or want to hire an attorney, please email us and we will get back to you to schedule the best time to talk on the phone or video chat.

Previously, we posted additional information about filing a provisional waiver application on our blog here, and here and linked to the ILRC practice advisory here. USCIS Practice Manual is here.

Briefly in Russian:

Напоминание о том как избежать отказа в заявлении на вейвер, по английски extreme hardship waiver USCIS форма заявления I-601 и provisional waiver USCIS форма заявления I-601A.

Используйте самое последнее и действительное издание формы. В настоящее время (04-2019) это издание, датированное 13 февраля 2019 г.
Перед подачей заявления обязательно проверьте правильную ли форму вы заполнили и уточните сумму госпошлины.
Приложите чек на правильную сумму за форму I-601A. В настоящее время госпошлина составляет 630 долларов, плюс 85 долларов за отпечатки пальцев, если вам нет 79 лет.
Заполните все графы и ответьте правильно на все вопросы в заявлении.
Приложите все сопутствующие документы и доказательства. Именно для этого, чтобы правильно организовать и представить ваши доказательства, разумно проконсультироваться или нанять адвоката для помощи в ведении дела. Мы оказываем услуги по вейверам и предоставляем платные консультации тем клиентам, кому нужен совет адвоката. Для того, чтобы назначить время и дату консультации, свяжитесь с нами по электронной почте.
Помните - это ваша обязанность доказать, что вам должны утвердить вейвер. Вам не обязаны утвердить, а могут утвердить ваше заявление на вейвер, ЕСЛИ вы докажете, что "more likely than not" ваш родственник будет в экстремальной ситуации если вам не дадут вейвер и не разрешат вернуться в США. Стандарт в таких делах - preponderance of the evidence.
Помните, что ваши дети не являются теми родственниками, на ущерб которым вы опираетесь в своем заявлении. Вашим родственником может быть муж, жена, отец, мать - американские граждане или постоянные жители США (но не дети). У вас может быть более одного родственника. Родственник, ущерб которому вы описываете, может быть другой, не тот, кто подал на вас петицию I-130.
Вы обязаны приложить доказательство того, что вы уже оплатили пошлину за иммиграционную визу или же распечатать уведомление о том, что вас выбрали как победителя лотереи грин карт.
В последние несколько лет произошли большие изменения в области вейвера I-601 и I-601A. За время новой администрации с 2017 года пока не было никаких существенных изменений в этой области иммиграционного права.
Перед подачей, убедитесь, что вам нужен вейвер, что у вас есть соответствующий родственник, что вы соответствуете стандарту на вейвер и что у вас достаточно доказательств, и вы сможете грамотно аргументировать почему вам должны утвердить вейвер. Также убедитесь, что вы не подпадаете под "permanent bar", так как в этом случае вам вейвер не положен. Помните, что теперь получение вейвера возможно во всех семейных категориях, не только в категории immediate relative но и во всех family preference categories.
Если вам нужен совет и помощь адвоката, вы можете связаться с нами по этому адресу или нажмите линк внизу. Мы вам вышлем анкету и затем договоримся и времени и дате телефонной консультации.

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Unaccompanied Minors or UAC & New Executive Orders: Guidance as of March 2017

3/22/2017

Starting in January 2017, a new administration has issued multiple immigration-related Executive Orders and implementing memoranda.

These orders and memoranda touch on nearly all areas of immigration enforcement, including the treatment of immigrant children.

March 2017 ILRC guidance addresses possible ways that UACs may be affected by these changes.

We do not know how these policies will play out in practice, and there will likely be legal and advocacy challenges to their implementation.

Limiting Who Can Be Considered a UAC.

UAC is defined as a child who:

1) has no immigration status in the U.S.;

2) is under 18 years old; and

3) has no parent or legal guardian in the U.S., or no parent or legal guardian in the U.S. who is available to provide care and physical custody.

When children from non-contiguous countries are apprehended by Customs & Border Protection (CBP) or Immigration & Customs Enforcement (ICE), those agencies must notify the Department of Health & Human Services (HHS) within 48 hours, and transfer the child to HHS within 72 hours of determining them to be a UAC.

Such notice and transfer are also required for UACs from contiguous countries, provided that they trigger trafficking or asylum concerns or are unable to make an independent decision to withdraw their application for admission.

Many UACs are apprehended by CBP at the border, such that even those who do have parent(s) in the U.S. typically do not have parents that are “available to provide care and physical custody” in the short time in which CBP must determine if the child meets the UAC definition. Because of this, some children are classified as UACs even though they have a parent in the U.S., consistent with the definition’s disjunctive third prong.

Under previous USCIS guidance and practice, once a child is classified as a UAC, the child continues to be treated as a UAC, regardless of whether they continue to meet the definition. The UAC designation is generally beneficial because the law provides for more child-friendly standards for UACs. In an apparent effort to limit the number of youth who are classified as UACs, the Dept. of Homeland Security (DHS) Memorandum implementing the recent Executive Order on border enforcement (“Border Enforcement Memo”) directs U.S. Citizenship & Immigration Services (USCIS), CBP, and ICE to develop “uniform written guidance and training” on who should be classified as a UAC, and when and how that classification should be reassessed.5 This guidance has not yet been developed.

But we anticipate that we may see any or all of the following changes:

-- Fewer children being classified as UACs upon apprehension. This could result in these children being subject to expedited removal (fast-track deportation without seeing an Immigration Judge), rather than being placed in removal proceedings under INA § 240, as the law requires for all UACs from non-contiguous countries and those who pass the screening from contiguous countries.

-- This could also result in more children being detained by DHS in detention centers rather than by HHS in less restrictive settings.

-- Children who are initially classified as UACs being stripped of that designation—formally or informally--once they turn 18 and/or reunify with a parent and/or obtain a legal guardian.

Federal law offers certain benefits to UACs. Losing that designation may deprive the affected children of those protections, meaning that they may:
1) no longer be able to avail themselves of the provision of law that allows UACs to file their asylum applications with USCIS in a non-adversarial setting despite being in removal proceedings;
2) be subject to expedited removal after being released from HHS custody rather than being placed in removal proceedings under INA § 240;
3) not receive post release services from HHS;
4) no longer be eligible for certain government-funded legal representation programs for UACs; and
5) no longer be eligible for voluntary departure at no cost.

Punishing Sponsors & Family Members of UACs

The Border Enforcement Memo also seeks to penalize parents, family members, and any other individual who “directly or indirectly . . . facilitates the smuggling or trafficking of an alien child into the U.S.” This could include persons who help to arrange the child’s travel to the U.S., help pay for a guide for the child from their home country to the U.S., or otherwise encourage the child to enter the U.S.10 Pursuant to the Border Enforcement Memo, enforcement against parents, family members or other individuals involved in the child’s unlawful entry into the U.S. could include (but is not limited to) placing such person in removal proceedings if they are removable, or referring them for criminal prosecution. We do not know how this provision will play out in practice.

But even the inclusion of this language in the memo may cause panic and dissuade parents, family members or other adults from 1) sending children to the U.S. (typically done when children face imminent harm in their home country); 2) sponsoring children out of HHS custody once they are in the U.S.; 3) assisting in children’s applications for immigration relief, including asylum; 4) otherwise assisting children in fighting against deportation.

Criminalizing Young People

Under the DHS memo implementing the Executive Order on interior enforcement, DHS’s enforcement priorities have been vastly expanded. While DHS previously focused its resources on removing people with serious criminal convictions, now DHS will take action to deport anyone it considers a “criminal alien.” The current administration’s definition of a criminal alien is incredibly broad, including people with criminal convictions, but also those charged with criminal offenses, or who have committed acts that could constitute a criminal offense.

Immigration law has long treated juvenile delinquency differently than criminal convictions, and that law is unchanged. However, it is unclear given the broad scope of the new enforcement plan whether delinquency will be considered a “criminal offense” and thus a priority for purposes of enforcement (even though it may not make a person inadmissible or deportable under the immigration laws). It remains to be seen how these expanded enforcement priorities will play out.

See a new March 2017 guidance here.

DHS Laptop Ban: Electronic Devices Other Than Cell Phones Are Not Allowed on Flights from 10 Airports in 8 Muslim Countries

3/22/2017

On Tuesday, March 21, 2017, the DHS announced new restrictions or ban for personal electronics on direct flights to the U.S. from 10 airports in 8 countries in the Middle East and North Africa.

Electronic devices larger than a cellphone will not be allowed in the cabin, though they will be allowed in checked baggage.

Size of the cell phone is not defined. The UK introduced similar ban, and they defined the dimensions of the cell phone allowed on the flight as no bigger than 16 cm x 9.3 cm x 1.5 cm [6.3 inches x 3.7 inches x 0.6 inches].

Who is impacted: For flights to the US, the electronic restriction applies only to direct flights on foreign carriers. The affected airlines are only foreign airlines flying from ten (10) airports in eight (8) Muslim countries. It is estimated 50 flights each day into the United States would be affected.

Who is NOT impacted: American-operated airlines from the affected airports, as well as aircraft crews are not impacted.

The list of affected countries and airports (There are 10 specific airports located in 8 countries):

Saudi Arabia (Jidda and Riyadh)
Qatar (Doha)
Kuwait (Kuwait City)
United Arab Emirates (Dubai and Abu Dhabi)
Turkey (Istanbul)
Jordan (Amman)
Egypt (Cairo)
Morocco.(Casablanca)

Neither of these countries is on the President's #MuslimBan list or #TravelBan or so called #LIstofSeven or #ListofSix, two recent executive orders.

At the same time, the British ban affects both domestic and foreign airlines, including British Airways, Turkish Airlines, Egypt Air, Royal Jordanian, and others. The British ban affects direct flights to the United Kingdom from Turkey, Lebanon, Jordan, Egypt, Tunisia, and Saudi Arabia.

The travel restriction is not based on any credible, specific threat of an imminent attack. Experts are divided over the need and effectiveness of the new travel restriction. It's not clear why only foreign airlines are affected, but not the US airlines.

Read more here.

DHS USCIS Memos: New Border and Interior Enforcement Immigration Policies

2/21/2017

Image by Bryan Cox via AP

On February 20 and 21, 2017, DHS USCIS had published several Memorandums, Fact Sheets and Q&As at their official website, explaining changed border and interior immigration policies and priorities, following the executive branch's January 2017 executive orders.

Two USCIS Memorandums, both dated February 20, 2017, and signed by the DHS Secretary John Kelly, authorize CBP, ICE and USCIS to significantly increase interior and border enforcement efforts:

Border protection and enforcement, building the wall and hiring at least 10,000 more ICE agents; expedited removal will apply to a broader class of undocumented immigrants; changes to asylum application process and credible fear interview, intended to make it more difficult to get a grant of asylum; criminal sanctions for parents of unaccompanied children; anyone present in USA without a proper visa or status will be subject to deportation; changing old DHS removal priorities from criminal aliens to all undocumented aliens; DACA grantees are safe from deportation at present time.

Actions (Fact Sheet, 02/21/2017, Executive Order: Border Security and Immigration Enforcement Improvements ):

Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense.
Establishing policies regarding the apprehension and detention of aliens. U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) will release aliens from custody only under limited circumstances, such as when removing them from the country, when an alien obtains an order granting relief by statute, when it is determined that the alien is a U.S. citizen, legal permanent resident, refugee, or asylee, or that the alien holds another protected status, when an arriving alien has been found to have a credible fear of persecution or torture and the alien satisfactorily establishes his identity and that he is not a security or flight risk, or when otherwise required to do so by statute or order by a competent judicial or administrative authority.
Hiring more CBP agents and officers. CBP will immediately begin the process of hiring 5,000 additional Border Patrol agents, as well as 500 Air & Marine agents and officers, while ensuring consistency in training and standards.
Identifying and quantifying sources of aid to Mexico. The President has directed the heads of all executive departments to identify and quantify all sources of direct and indirect federal aid or assistance to the government of Mexico. DHS will identify all sources of aid for each of the last five fiscal years.
Expansion of the 287(g) program in the border region. Section 287(g) of the INA authorizes written agreements with a state or political subdivision to authorize qualified officers or employees to perform the functions of an immigration officer. Empowering state and local law enforcement agencies to assist in the enforcement of federal immigration law is critical to an effective enforcement strategy, and CBP and ICE will work with interested and eligible jurisdictions.
Commissioning a comprehensive study of border security. DHS will conduct a comprehensive study of the security of the southern border (air, land, and maritime) to identify vulnerabilities and provide recommendations to enhance border security. This will include all aspects of the current border security environment, including the availability of federal and state resources to develop and implement an effective border security strategy that will achieve complete operational control of the border.
Constructing and funding a border wall. DHS will immediately identify and allocate all sources of available funding for the planning, design, construction, and maintenance of a wall, including the attendant lighting, technology (including sensors), as well as patrol and access roads, and develop requirements for total ownership cost of this project.
Expanding expedited removal. The DHS Secretary has the authority to apply expedited removal provisions to aliens who have not been admitted or paroled into the United States, who are inadmissible, and who have not been continuously physically present in the United States for the two-year period immediately prior to the determination of their inadmissibility, so that such aliens are immediately removed unless the alien is an unaccompanied minor, intends to apply for asylum or has a fear of persecution or torture in their home country, or claims to have lawful immigration status. To date, expedited removal has been exercised only for aliens encountered within 100 air miles of the border and 14 days of entry, and aliens who arrived in the United States by sea other than at a port of entry. The Department will publish in the Federal Register a new Notice Designating Aliens Subject to Expedited Removal Under Section 235(b)(1)(a)(iii) of the Immigration and Nationality Act that expands the category of aliens subject to expedited removal to the extent the DHS Secretary determines is appropriate, and CBP and ICE are directed to conform the use of expedited removal procedures to the designations made in this notice upon its publication.
Returning aliens to contiguous countries. When aliens apprehended do not pose a risk of a subsequent illegal entry, returning them to the foreign contiguous territory from which they arrived, pending the outcome of removal proceedings, saves DHS detention and adjudication resources for other priority aliens. CBP and ICE personnel shall, to the extent lawful, appropriate and reasonably practicable, return such aliens to such territories pending their hearings.
Enhancing Asylum Referrals and Credible Fear Determinations. U.S. Citizenship and Immigration Services (USCIS) officers will conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. USCIS will also increase the operational capacity of the Fraud Detection and National Security Directorate.
Allocating resources and personnel to the southern border for detention of aliens and adjudication of claims. CBP and ICE will allocate available resources to expand detention capabilities and capacities at or near the border with Mexico to the greatest extent practicable. CBP will focus on short-term detention of 72 hours or less; ICE will focus on all other detention capabilities.
Properly using parole authority. Parole into the United States will be used sparingly and only in cases where, after careful consideration of the circumstances, parole is needed because of demonstrated urgent humanitarian reasons or significant public benefit. Notwithstanding other more general implementation guidance, and pending further review by the Secretary and further guidance from the Director of ICE, the ICE policy directive with respect to parole for certain arriving aliens found to have a credible fear of persecution or torture shall remain in full force and effect.
Processing and treatment of unaccompanied alien minors encountered at the border. CBP, ICE, and USCIS will establish standardized review procedures to confirm that alien children who are initially determined to be unaccompanied alien children continue to fall within the statutory definition when being considered for the legal protections afforded to such children as they go through the removal process.
Putting into place accountability measures to protect alien children from exploitation and prevent abuses of immigration laws. The smuggling or trafficking of alien children into the United States puts those children at grave risk of violence and sexual exploitation. CBP and ICE will ensure the proper enforcement of our immigration laws against those who facilitate such smuggling or trafficking.
Prioritizing criminal prosecutions for immigration offenses committed at the border. To counter the ongoing threat to the security of the southern border, the directors of the Joint Task Forces-West, -East, and -Investigations, as well as the ICE-led Border Enforcement Security Task Forces (BESTs), are directed to plan and implement enhanced counter-network operations directed at disrupting transnational criminal organizations, focused on those involved in human smuggling.
Public Reporting of Border Apprehensions Data. In order to promote transparency, CBP and ICE will develop a standardized method for public reporting of statistical data regarding aliens apprehended at or near the border for violating the immigration law.

Actions (Fact Sheet, 02/21/2017: Enhancing Public Safety in the Interior of the United States)

Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense.
The Department’s Enforcement Priorities. Congress has defined the Department’s role and responsibilities regarding the enforcement of the immigration laws of the United States. Effective immediately, and consistent with Article II, Section 3 of the U.S. Constitution and Section 3331 of Title 5, U.S. Code, Department personnel shall faithfully execute the immigration laws of the United States against all removable aliens.
Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States. Facilitating the efficient and faithful execution of the immigration laws of the United States—and prioritizing the Department’s resources—requires the use of all available systems and enforcement tools by Department personnel.
Exercise of Prosecutorial Discretion. Unless otherwise directed, Department personnel may initiate enforcement actions against removable aliens encountered during the performance of their official duties. Department personnel should act consistently with the President’s enforcement priorities as identified in his executive order and any further guidance issued by the director of ICE, the commissioner of CBP, and the director of USCIS prioritizing the removal of particularly dangerous aliens, such as convicted felons, gang members, and drug traffickers.
Establishing the Victims of Immigration Crime Engagement (VOICE) Office. The Victims of Immigration Crime Engagement (VOICE) Office within the Office of the Director of U.S. Immigration and Customs Enforcement (ICE) will create a programmatic liaison between ICE and the known victims of crimes committed by removable aliens. The liaison will facilitate engagement with the victims and their families to ensure, to the extent permitted by law, that they are provided with information about the offender, including the offender’s immigration status and custody status, and that their questions and concerns regarding immigration enforcement efforts are addressed.
Hiring Additional ICE Officers and Agents. To effectively enforce the immigration laws in the interior of the United States in accordance with the president’s directives, additional ICE agents and officers are necessary. The director of ICE shall—while ensuring consistency in training and standards—take all appropriate action to expeditiously hire 10,000 agents and officers, as well as additional mission support and legal staff necessary to support their activities.
Establishment of Programs to Collect Authorized Civil Fines and Penalties. As soon as practicable, the director of ICE, the commissioner of U.S. Customs and Border Protection (CBP), and the director of U.S. Citizenship and Immigration Services (USCIS) shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties for which the Department is authorized under the law to assess and collect from removable aliens and from those who facilitate their unlawful presence in the United States.
Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents.
Collecting and Reporting Data on Alien Apprehensions and Releases. The collection of data regarding aliens apprehended by ICE and the disposition of their cases will assist in the development of agency performance metrics and provide transparency in the immigration enforcement mission.
No Private Right of Action. This document provides only internal DHS policy guidance, which may be modified, rescinded, or superseded at any time without notice.

QUESTIONS & ANSWERS.

Q20: How does the expansion of expedited removal account for those who may be eligible for immigration benefits?
A20: The Secretary’s intentions regarding expedited removal are under development and will be set forth and effective upon publication of a notice in the Federal Register.
Q21: How soon will DHS make changes to more closely align its use of the expedited removal authority with Congressional intent?
A21: DHS is working to issue appropriate parameters in which expedited removal in these kinds of cases will be used.

Q22: Is it true that DHS is going to make the threshold for meeting credible fear in asylum cases more difficult to meet?
A22: The goal of DHS is to ensure the asylum process is not abused. Generally speaking, to establish a credible fear of persecution, an alien must demonstrate that there is a “significant possibility” that the alien could establish eligibility for asylum, taking into account the credibility of the statements made by the alien in support of the claim and such other facts as are known to the officer.
Asylum officers are being directed to conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. In determining whether the alien has demonstrated a significant possibility that the alien could establish eligibility for asylum or torture protection, the asylum officer shall consider the statements of the alien and determine the credibility of the alien’s statements made in support of his or her claim and shall consider other facts known to the officer, consistent with the statute.

Q23: How will the enhancements to asylum referrals and credible fear determinations under INA section 235(b)(1) affect the work of USCIS?
A23: The Secretary’s memorandum outlines several points:

The director of USCIS shall ensure that asylum officers conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination.
The director shall also increase the operational capacity of Fraud Detection and National Security (FDNS) and continue to strengthen its integration to support the Field Operations Directorate (FOD), Refugee Asylum and International Operations (RAIO), and Service Center Operations (SCOPS), consulting with Operational Policy and Strategy (OP&S) as appropriate.
The USCIS director, CBP commissioner, and ICE director shall review their agencies’ fraud detection, deterrence, and prevention measures and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.
The asylum officer, as part of making a credible fear finding, shall determine the credibility of statements made by the individual in support of his or her claim. This determination should include, but is not limited to, consideration of the statistical likelihood that the claim would be granted by the Department of Justice’s Executive Office for Immigration Review (EOIR).
The asylum officer shall make a positive credible fear finding only after the officer has considered all relevant evidence and determined, based on credible evidence, that the alien has a significant possibility of establishing eligibility for asylum, or for withholding or deferral of removal under the Convention Against Torture, based on established legal authority.

Q25: Is it true that in cases of UACs (unaccompanied children) who travel to the U.S. to reunite with a parent, if a parent is identified by ORR as an appropriate guardian, that parent could also be prosecuted for possibly having their child smuggled into the U.S.?

A25: Correct. The parents and family members of these children, who are often illegally present in the United States, often pay smugglers several thousand dollars to bring their children into this country. Tragically, many of these children fall victim to robbery, extortion, kidnapping, sexual assault, and other crimes of violence by the smugglers and other criminal elements along the dangerous journey through Mexico to the United States. Regardless of the desires for family reunification, or conditions in other countries, the smuggling or trafficking of alien children is intolerable. Accordingly, DHS shall ensure the proper enforcement of our immigration laws against those who—directly or indirectly—facilitate the smuggling or trafficking of alien children into the United States. This includes placing parents or guardian who are removable aliens into removal proceedings, or referring such individuals for criminal prosecution, as appropriate.
and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.

Q12: Will ICE still be hiring the 10,000 officers called for in the executive orders?
A12: ICE is currently developing a hiring plan.

Q13: What is the 287(g) program and how will it be used by ICE?A13: The 287(g) program allows local law enforcement agencies to participate as an active partner in identifying criminal aliens in their custody, and placing ICE detainers on these individuals. ... To strengthen the 287(g) program, ICE field leadership has begun examining local operational needs and liaising with potential 287(g) partners and will collaborate with CBP in these efforts. Existing 287(g) applications are also undergoing an expedited review process.

Q14: Are 287(g) officers now going to do ICE’s job?A14: The 287(g) program, one of ICE’s top partnership initiatives, enables state and local law enforcement agencies to enter into a partnership with ICE, under a joint memorandum of agreement. The state or local entity receives delegated authority for immigration enforcement within their jurisdictions.

Q15: When will 287(g) task force agreements be available to local jurisdictions? Will these new task force agreements be modeled after the previously canceled task force model?A15: ICE and CBP will be is developing a strategy to further expand the 287(g) Program, to include types of 287(g) programs, locations, and recruitment strategies. ... Existing 287(g) applications are also undergoing an expedited review process. ...

Q16: How will ICE accommodate an immigration judge in each of its facilities? How about asylum officers?A16: ICE is working with the Department of Justice Executive Office for Immigration Review and U.S. Citizenship and Immigration Services to review current procedures and resources in order to identify efficiencies and best practices to improve the system. Most dedicated detention facilities already house immigration courts and have enough space to accommodate asylum officers. ICE is also seeking to increase the use of technology, mainly through the use of video teleconferencing, in locations with insufficient space or staffing.

Q&A: DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States Release Date: February 21, 2017

Q2: How is ICE conducting interior enforcement operations based on this executive order?A2: Effective immediately, ICE will direct its personnel as well as its state and local partners through the 287(g) program to apply the enforcement priorities stated in Executive Order No. 13768.
To that end, within 180 days, ICE will carry out a number of actions to implement the enforcement priorities stated in the executive order. Some of those actions include, but are not limited to, conducting targeted enforcement operations and allocating resources to work in jurisdictions with violent crime tied to gang activities.

Q3: Does this new memoranda substantively change the authority of immigration enforcement officers throughout DHS to exercise traditional law enforcement discretion?A3: DHS officers and agents maintain discretion to determine which action(s) to take against removable aliens, but they have been provided with additional guidance by the president and secretary.

Q5: What are ICE’s priorities under this executive order?A5: Under this Executive Order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.

Q14: When is the Priority Enforcement Program (PEP) being terminated (Previous Administration's policy)?
A14: ICE has terminated the Priority Enforcement Program (PEP) and restored Secure Communities, directing its personnel to take enforcement action consistent with the priorities set forth in the executive orders.

Q18: What threshold of abuse of a public benefit program will render someone removable?
A18: Those who have knowingly defrauded the government or a public benefit system will be priority enforcement targets.

Q22: Do these memoranda affect recipients of Deferred Action for Childhood Arrivals (DACA)?
A22: No. (Presently, new immigration enforcement policies do not affect DACA grantees. However, there have been recent arrests of DACA grantees)

Know Your Rights: Border Searches of US citizens and Noncitizens by CBP

2/20/2017

When a person is arriving at the U.S. border and applying for admission to the United States, the CBP officers are required to determine the nationality or citizenship of each applicant for admission (including U.S. citizens).

When a a non-U.S. citizen applies for admission to USA, a decision is made by the CBP officer as to whether the applicant is admissible to the U.S.A. or inadmissible and should be removed or not allowed to enter the U.S.

Even a lawful permanent resident returning to the U.S. after an extended stay abroad, in certain situations can be questioned as a person applying for admission.

All travelers to the U.S.A. should know the following:

Border Search Authority. Federal regulations are clear regarding CBP’s authority to conduct a search: “All persons, baggage, and merchandise arriving in the Customs territory of the United States from places outside thereof are liable for inspection and search by a Customs officer.” For those traveling to the U.S. in a vehicle, a CPB officer may stop, search, and examine any vehicle or search any trunk wherever found. However, CBP cannot conduct intrusive searches (such as strip searches) or repeated detentions unless there is a “reasonable suspicion” of an immigration violation or crime. Additionally, CBP’s policy requires that all searches be “conducted in a manner that is safe, secure, humane, dignified, and professional.”
Electronic Devices Search (smartphones, laptops, tablets). CBP’s border search authority also includes the right to examine electronic devices, such as computers, disks, hard drives, cell phones, and other electronic or digital storage devices, without “reasonable suspicion”. CBP officers conduct border searches of electronic devices to determine whether a violation of U.S. law has occurred. While the U.S. Supreme Court has ruled that a warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional in violation of the Fourth Amendment right against unreasonable searches and seizures, there appears to be an exception for individuals desiring to enter the U.S. If your electronic device is seized for further examination, which may include copying of data, you will receive a written receipt (Form 6051-D) that details what item(s) are being detained, who at CBP will be your point of contact, and the contact information (including telephone number) you provide to facilitate the return of your property upon completion of the examination. Unless extenuating circumstances exist, the detention of devices should not exceed 5 days.
Discrimination and Coercion. An individual may not be searched on any discriminatory basis (e.g. race, gender, religion, ethnic background). Nevertheless, a search based on consideration of citizenship or travel itinerary that includes a narcotics source or transit country is not deemed unlawful. Additionally, CBP cannot threaten a person being questioned; if there is coercion, any statements obtained may be excluded in a subsequent removal proceeding under the Due Process Clause. You can file a complaint with the Office of Civil Rights and Civil Liberties within the U.S. Department of Homeland Security if you believe there has been improper discrimination, inappropriate questioning, or other civil rights and civil liberties violations.
Right to Attorney. Any applicant for admission (including U.S. citizens) is not entitled to representation in primary or secondary inspections, unless he or she has become the focus of a criminal investigation and has been taken into custody. Foreign nationals attempting to come to the United States, either temporarily or permanently, have very few rights during the application and screening process.
Right to Remain Silent, But Be Prepared to Answer Questions. Even though you have the right to remain silent, if you don’t answer questions to establish your citizenship, officials may deny entry to the U.S. or detain you for a search and/or questioning. CBP officers can ask people applying for admission to the U.S. almost any question. If you choose not to answer all or some of the questions, you can be denied admission to the U.S. or delayed by the CBP officer if selected for secondary inspection, search of your electronic devices. Make sure you can answer the following questions:

What is the purpose of your visit? (what do you plan to do in USA)
Where will you be staying? (address)
Who will you be visiting? (name, address, contact phone number)
How often do you travel to the U.S.? (for example, how many times a year; every 3 months)

When a non-US citizen applies for admission to the U.S., it’s important to be clear that your purpose for the visit to U.S.A. must be consistent with the visa category held. For example, if you are arriving on a tourist or visitor's visa, the purpose of the visit is to engage in tourist activities or visit family or friends, or if you a student, it’s to study, if you are a temporary worker it’s to work, and if you are returning as a permanent resident, the purpose must be to return to the U.S. as a place of your permanent residence.

Please read our guidance for lawful permanent residents returning to the USA who are facing request from the CBP to sign the form I-407 and to abandon permanent residency (aka green card).

#knowyourrights #CBP #DHS #USCIS #GreenCard #admissiontoUSA #I407 #search #seizure #bordersearch #electronicdevicesearch #righttoattorney #detention

Court Order: Every Person in the Possession of a Valid Immigrant Visa Should be Allowed Admission to USA

2/2/2017

Today, a federal judge in Los Angeles has ruled that CBP and DHS must allow immigrants with already issued IMMIGRANT Visas to enter the United States from seven Muslim-majority nations, despite an executive order ban.

This new court order applies ONLY to immigrant visas, where an immigrant travels to USA on an immigrant visa and upon admission to USA becomes a lawful permanent resident (received a green card aka permanent residency in USA).

As was reported earlier, effective January 27th 2017, the U.S. Department of State "provisionally cancelled" ALL previously issued visas, including immigrant visas, to natives of the "list of seven" countries.

This court order makes it clear that the government must allow admission of lawful immigrants on valid immigrant visas to the United States, notwithstanding the fact that as of January 27th every single visa issued to people from seven countries is considered "conditionally cancelled".

It was also reported today that DHS opened internal investigation into multiple reports of the DHS and CBP employees refusing admission to people from seven countries in violation of the court orders.

In Russian:

Сегодня судья федерального суда в Лос Анджелесе, Калифорния вынес еще одно решение, ограничивающее указ президента от 27 января 2017, о запрете на въезд в США лиц из семи стран (Ирак, Иран, Сирия, Судан, Сомалия, Йемен и Ливия).

Это решение распространяется на всю страну, не только на Калифорнию.

По решению суда, въезд в США разрешен всем тем иммигрантам, кто получил иммиграционные визы в США из семи стран, названных в указе. Так как по въезде в страну, они становятся постоянными жителями и получают вид на жительство в США.

Иммиграционная полиция и пограничники обязаны впускать в США всех тех, у кого есть иммиграционные визы (не смотря на то, что 27 января 2017 Госдеп США опубликовал меморандум о том, что они "условно аннулировали" ВСЕ до одной визы гражданам из семи стран).

Также сегодня было объявлено, что DHS начал внутреннее расследование среди своих сотрудников, которые отказываются выполнять решения судов и по прежнему отказывают лицам из семи стран во въезде в США.

Источник. read more here.

Artist Vasya Lozhkin. Картина Васи Ложкина.

Automatic extension of work permit EAD for 180 days if I-765 filed while previous work permit still valid

1/27/2017

On January 17, 2017, a new rule requiring automatic extension of a work permit for additional 180 days after the expiration date was published at Federal Register.

Federal Register: "Finally provide additional stability and certainty to U.S. employers and individuals eligible for employment authorization in the United States, this final rule changes several DHS regulations governing the processing of applications for employment authorization.

First, to minimize the risk of any gaps in employment authorization, this final rule automatically extends the validity of Employment Authorization Documents (EADs or Forms I-766) in certain circumstances based on the timely filing of EAD renewal applications."

Concurrently, DHS eliminates the regulatory provisions that require adjudication of the Application for Employment Authorization (Form I-765 or EAD application) within 90 days of filing and that authorize interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

See final 8 CFR 247a.13(d).

17 января 2017 в Федеральном Регистре были опубликованы изменения в процедуру продления разрешения на работу. Это было сделано бывшей администрацией президента.

Новое правило установило порядок автоматическое продление срока действия разрешения на работу на 180 дней, пока ваше заявление на продление находится на рассмотрении, учитывая, что подано вовремя до истечения срока действия предыдущего разрешения на работу.

В соответствии с новым правилом, после подачи заявления в USCIS на продление разрешения на работу, форма USCIS I-765, пока заявление рассматривается, заявителям пришлют по почте форму нового образца (форма I-797), которая будет автоматически продлевать предыдущее разрешение на работу на 180 дней.

Полный перечень заявителей, на которых распространяются эти правила внизу.

List of the work permit renewal applicants, who are authorized automatic 180-day extension:

1) Aliens admitted as refugees (274a.12(a)(3))
2) Aliens granted asylum (274a.12(a)(3))
3) Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA (274a.12(a)(7))
4) Aliens admitted to the United States as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau under agreements between the United States and those nations (274a.12(a)(8))
5) Aliens granted withholding of deportation or removal (274a.12(a)(10))
6) Aliens granted Temporary Protected Status (TPS) (regardless of the employment authorization category on their current EADs) (274a.12(a)(12) and (c)(19))
7) Aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR 244.10(e) and 274a.12(c)(19)
8) Aliens who have properly filed applications for asylum or withholding of deportation or removal (274a.12(c)(8))
9) Aliens who have filed applications for adjustment of status under section 245 of the INA, 8 U.S.C. 1255 (274a.12(c)(9))
10) Aliens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal under section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (274a.12(c)(10))
11) Aliens who have filed applications for creation of record of lawful admission for permanent residence (274a.12(c)(16))
12) Aliens who have properly filed legalization applications pursuant to section 210 of the INA, 8 U.S.C. 1160 (274a.12(c)(20))
13) Aliens who have properly filed legalization applications pursuant to section 245A of the INA, 8 U.S.C. 1255a (274a.12(c)(22))
14) Aliens who have filed applications for adjustment of status pursuant to section 1104 of the LIFE Act (274a.12(c)(24))
15) Aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners, under the employment authorization category “(c)(31)”

USCIS updated forms I-485, I-765, I-129, I-140

1/19/2017

On January 17, 2017, USCIS updated the following USCIS form(s):

- Form I-485, Application to Register Permanent Residence or Adjust Status
New edition dated 01/17/17. Starting 02/21/17, USCIS will only accept the 01/17/17 edition. Until then, you can use previous editions. However, all filings postmarked 12/23/16 or later must include the new fees or we will reject them.
- Form I-485 Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
New edition dated 01/17/17. Starting 02/21/17, USCIS will only accept the 01/17/17 edition.
- Form I-129, Petition for a Nonimmigrant Worker
New edition dated 01/17/17. Previous editions dated 12/23/16, 08/13/15, 03/26/15 and 10/23/14 are also accepted. However, all filings postmarked 12/23/16 or later must include the new fees or we will reject them.
- Form I-140, Immigrant Petition for Alien Worker
New edition dated 01/17/17. Starting 02/21/17, USCIS will only accept the 01/17/17 edition.
- Form I-765, Application for Employment Authorization
New edition dated 01/17/17. Starting 02/21/17, USCIS will only accept the 01/17/17 edition.

Briefly in-Russian:

17 января 2017 иммиграционная служба США обновила формы нескольких важных иммиграционных заявлений, включая заявление на грин карту I-485 и на разрешение на работу I-765 (а также I-129, I-140 etc). Старые формы действительны только по 21 февраля 2017. Рекомендуется использовать новые формы, не дожидаясь февраля, и не забывать о том, что суммы госпошлин тоже поменялись 23 декабря 2016. Новые формы уже опубликованы на вебсайте иммиграционной службы.

You can see all current and valid USCIS immigration forms and filing fees here.

USCIS Published a Final Rule: International Entrepreneur Rule

1/17/2017

On January 17, 2017, the U.S. Department of Homeland Security (DHS) published a final rule International Entrepreneur Rule or "Startup Parole" to improve the ability of certain foreign start-up founders to begin growing their companies within the United States.

Under this final rule, DHS may use its "PAROLE" authority to grant a "Startup Parole", or a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation.

The new rule effective date is July 17, 2017, which is 180 days after its publication in the Federal Register.

This final rule adds a new section 8 CFR 212.19 to provide guidance with respect to the use of parole for entrepreneurs of start-up entities based upon significant public benefit.

DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually. Eligible entrepreneurs may be granted a stay of up to 30 months, with the possibility to extend the period by up to 30 additional months if they meet certain criteria, in the discretion of DHS.

Under this final rule, eligibility may be extended to up to three entrepreneurs per start-up entity, as well as spouses and children. Entrepreneurs granted stays will be eligible to work only for their start-up business. Their spouses may apply for work authorization in the United States, but their children will not be eligible.An applicant would need to demonstrate that he or she meets the following criteria to be considered under this rule:

The applicant possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
The applicant has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business.
The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by:
- Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
- Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or

Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

Briefly in Russian:

Стартап Пароль или Виза на 30 месяцев для предпринимателей в США.
17 января 2017, Иммиграционная служба США (USCIS / DHS) опубликовала новый Закон по поощрению предпринимательства и стартапов в США.

Иностранным бизнесменам и предпринимателям открывающим новый бизнес в США (и членам семей - супругам и детям) будет предоставлятся Пароль (разрешение на въезд и проживание в США сроком на 30 месяцев с продлением, разрешение на работу для предпринимателя и его супруга(-и), но не детей).

Закон вступает в силу 17 июля 2017 года.

Новый статус Пароль для предпринимателей стартапа будут доступен лицам, чьи стартапы были сформированы в течение последних 5 лет, при условии что данный инвестор продолжает играть в нем “центральную и активную роль”.

Одна стартап компания сможет получить пароли не более, чем на 3-х своих иностранных учредителей (плюс члены их семей).

Супруги предпринимателя будут иметь право подать заявление на разрешение на работу, и смогут работать в любом бизнесе или организации, а не только в стартапе. Сам предприниматель имеет право только руководить и работать в своем стартапе. Дети предпринимателя не имеют право на работу, находясь в США по этому паролю.

Госпошлина в USCIS за подачу заявления на такой Пароль составит US$1,200.

Предприниматель должен владеть не менее чем 10% от стартапа, при этом показать, что стартап имеет потенциал для быстрого роста и создания новых рабочих мест. Это показывается:

А) наличием американского инвестора, который инвестировал от US$250,000 в стартап, или
В) получением государственных грантов от US$100,000; или
С) частично # А или # В выше с предоставлением "убедительных доказательств", что стартап обеспечит «значительный положительный эффект для общества" в США.

Предприниматель сможет продлить Пароль по истечении 30 месяцев, если он докажет, что стартап создал как минимум 5 рабочих мест, соответствующим требованиям закона, и его доля в стартапе не упала ниже 5 процентов.

Все детали внизу по линку.

You can read the new rule in the Federal Register or download the PDF file here.

USCIS, DHS, NVC and DoS useful links, forms, fees and contact details

1/11/2017

Полезная информация (контакты, даты, сроки, как с ними связаться) об иммиграционной службе США, Национальном Визовом Центре, офисах по политубежищу, посольствам и консульствам США.

USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator.

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin, which is updated daily.

USCIS International Offices Processing Times - use this link to find out current processing times at USCIS offices located overseas.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

NVC National Visa Center contact information - if you need to contact NVC regarding a pending case.

You can find out current Visa Fees for various visas to USA here.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain current. Download a PDF file in English here.

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule.

Failure to maintain fingerprint records resulted in grant of US citizenship to 900 people who were not eligible, security breach.

9/20/2016

The Department of Homeland Security granted citizenship to hundreds of people who had previously been ordered deported or removed under different names because of flaws in keeping fingerprint records, according to a report released Monday.
The report from the department’s Office of Inspector General found that nearly 900 individuals were granted citizenship because neither the agency nor the F.B.I. databases contained all of the fingerprint records of people who had previously been ordered to be deported.

Nearly 150,000 older fingerprint records were not digitized or simply were not included in the Department of Homeland Security’s databases when they were being developed, the report said. In other cases, fingerprints that were taken by immigration officials during the deportation process were not forwarded to the F.B.I.

“This situation created opportunities for individuals to gain rights and privileges of U.S. citizenship through fraud,” said John Roth, the inspector general at Homeland Security.
Officials say the findings illustrate a major security gap.

“This failure represents a significant risk to America’s national security as these naturalized individuals have access to serve in positions of public trust and the ability to obtain security clearances,” Senator Ron Johnson, a Wisconsin Republican who is chairman of the Senate Homeland Security Committee, wrote in a letter to Jeh Johnson, the secretary of Homeland Security.

The United States Citizenship and Immigration Service, an agency within Homeland Security that oversees citizenship, is supposed to check the fingerprints of applicants for citizenship against a number of databases to make sure that they do not have criminal records or pose a threat.

But since the fingerprint databases are incomplete, the agency had no way of knowing if the individuals were actually who they said they were.

Investigators found that in more than 200 cases they examined, none of the individuals disclosed that they had another identity or that they had final deportation orders on their naturalization application.
As naturalized citizens, these individuals retain many of the rights and privileges of American citizenship, including serving in law enforcement, obtaining a security clearance and sponsoring the entry of other foreigners into the United States, the report said.

For example, investigators with the inspector general’s office said they learned that at least three people, who became naturalized citizens after having been deported under a different name, had obtained the necessary clearances to conduct security-sensitive work at commercial airports or at ports and aboard ships. Since being identified, all have had their credentials revoked, the report said.

The inspector general’s report said the Immigration and Customs Enforcement agency had investigated few of the naturalized citizens to determine if their citizenship should be revoked. That agency is working to increase its inquiries and digitize all its fingerprint records.

In a statement, Homeland Security acknowledged the issues raised in the report. The statement added, “It is important to note that the fact that fingerprint records in these cases may have been incomplete at the time of the naturalization interview does not necessarily mean that the applicant was in fact granted naturalization, or that the applicant obtained naturalization fraudulently.”

Read here.

Know your rights: ICE immigration raids. What to do in the event of an ICE raid (at your work, home, in the mall or other public place).

1/6/2016

In the very first days of the January 2016, ICE (Immigration & Customs Enforcement) started raids, targeting undocumented immigrants.

This document is an excellent overview of your rights:

What to do in the event of an ICE raid (at your work, home, in the mall or other public place). What questions you must answer and when you shall remain silent.

Know your RIGHTS. Read and download a pdf file here. You can save or memorize your local and state free legal services or community organizations contact numbers, or your attorney's number, and carry their contact numbers. You can print out the card on page 8 and carry it with you, as well.

https://www.justice4all.org/wp-content/uploads/2013/05/Know-your-rights-in-case-of-raids-English.pdf

DHS and TSA may soon start denying boarding the flights to the passengers with the driver's licenses from certain states, noncompliant with the federal Real ID Act.

12/28/2015

DHS may soon deny boarding flights within the U.S. to passengers with some states' driver's licenses.

The U.S. Department of Homeland Security said it will be making a decision this week.

Ten years ago, the U.S. government passed the Real ID Act, issuing stricter standards for state-issued IDs, including driver's licenses. Fewer than half (22) of the states have complied with the law.

22 states comply with the law:

These states, along with Washington, D.C., already have issued drivers' licenses that comply with the Real ID Act: Alabama, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Mississippi, Nebraska, Nevada, Ohio, South Dakota, Tennessee, Utah Vermont, West Virginia, Wisconsin and Wyoming.

Five states are noncompliant:

Five states that have been deemed noncompliant, have not been granted an extension and do not have extensions under review: Illinois, Minnesota, Missouri, New Mexico and Washington.

But even if you live in those states, DHS hasn't issued its schedule for enforcement yet. If and when it does, there still will be 120 days notice before the TSA no longer accepts their states' IDs. And those states could still appeal DHS' decision not to grant a waiver extension, the DHS spokeswoman said.

Four states' waiver extensions are pending review:

These states applied for waiver extensions, and DHS is still reviewing their requests. All of these states were previously granted waivers that are set to expire on January 10, 2016: Alaska, California, New Jersey and South Carolina.

19 states have been granted waiver extensions:

Except for New Hampshire, all of these states' waiver extensions are set to expire on October 10, 2016. New Hampshire's extension lasts through June 1, 2016: Arizona, Arkansas, Idaho, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas and Virginia.

Read here.

*************
UPDATE 01-13-2016:

On January 8, 2016, the DHS Secretary made an announcement:

"Effective January 22, 2018, air travelers with a driver’s license or identification card issued by a state that does not meet the requirements of the REAL ID Act (unless that state has been granted an extension to comply with the Act) must present an alternative form of identification acceptable to the Transportation Security Administration (TSA) in order to board a commercial domestic flight."
Read more here.

At present, 23 states are fully compliant with the REAL ID Act, and the DHS has used its authority to grant states extensions when they demonstrate steps toward compliance. Thus, 27 states and territories have been granted extensions for a period of time to become compliant. Six states and territories – Illinois, Minnesota, Missouri, New Mexico, Washington, and American Samoa – are noncompliant and do not currently have extensions.

DHS has now reached the final phase of implementation of the REAL ID Act, which relates to commercial air travel. These are the timelines for that final phase:

Effective immediately, the Department of Homeland Security will conduct outreach to educate the traveling public about the timeline below, and continue engagements with states to encourage compliance with REAL ID standards.
Starting July 15, 2016, TSA, in coordination with airlines and airport stakeholders, will begin to issue web-based advisories and notifications to the traveling public.
Starting December 15, 2016, TSA will expand outreach at its airport checkpoints through signage, handouts, and other methods.
Starting January 22, 2018, passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, click here. Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.
Starting October 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

Important: Right now, no individual needs to adjust travel plans, or rush out to get a new driver’s license or a passport for domestic air travel. Until January 22, 2018, residents of all states will still be able to use a state-issued driver’s license or identification card for domestic air travel. Passengers can also continue to use any of the various other forms of identification accepted by TSA (such as a Passport or Passport Card, Global Entry card, U.S. military ID, airline or airport-issued ID, federally recognized tribal-issued photo ID).

DHS and ICE announced EAD employment authorization eligibility for certain Nepalese students (F1 visa, lawfully present in USA, enrolled as of April 25 2015).

11/16/2015

Secretary of Homeland Security has suspended certain regulatory requirements for F-1 nonimmigrant Nepalese students who are experiencing severe economic hardship as a direct result of the April earthquake in Nepal. This relief applies only to students whose country of citizenship is Nepal and who were lawfully present in the United States in F-1 status on April 25, 2015, and enrolled in an institution certified by ICE’s Student and Exchange Visitor Program (SEVP).

This suspension will enable eligible F-1 students to obtain employment authorization (EAD or work permit), work an increased number of hours during the school term, and if necessary, reduce their course load while continuing to maintain their F-1 student status.

The suspension of the regulatory requirements will remain in effect through Dec. 24, 2016. Students must apply for relief by Dec. 21, 2015.

As of Sept. 19, 2015, more than 9,000 F-1 students from Nepal were enrolled in courses at U. S. schools.

See the announcement here.

LIST OF USEFUL LINKS: USCIS, Processing Times, Visa Bulletin, Priority Dates, Case Status, Case Inquiry.

10/27/2015

USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

Visa Case Status: you can check status of your immigrant visa IV or non-immigrant visa NIV case here.

USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

USCIS submit electronically I-90, N-400 or I-131A, or pay a Green Card fee online.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator.

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin.

How to obtain an official record of admission from CBP, Form I-94. You will need to provide your passport number and a country, first and last names, date of birth. The official I-94 will include an admission number (that you need for several immigration applications and forms), date and class of admission, and expiration date, name and a passport information.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

You can find out current Visa Fees for various visas to USA here.

Complete a nonimmigrant visa application online: DS-160.

Complete an immigrant visa application online: DS-260.

You can pay your Green Card fee online here. You can find step-by-step instructions here.

Now, you can electronically submit several applications: USCIS Forms I-90, N-400, I-131A.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain silent. (In English, Spanish, Russian, Chinese, Vietnamese, Tagalog, Korean and Arabic).

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule a telephone or Skype appointment with attorney Luba Smal.

USCIS revised procedures for determining VISA availability for adjustment of status applicants (I-485) in both family-based and employment-based visa categories.

9/9/2015

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current.

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

Current priority dates for particular visa categories; and
The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

Documentarily qualified visa applicants reported by DOS;
Pending adjustment of status applications reported by USCIS; and
Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

Read more here.

August 17, 2015 USCIS Memo: New L-1B Visa Adjudications Policy for Intracompany Transferees with Specialized Knowledge.

9/3/2015

On August 17 2015, USCIS published L-1B adjudications policy memorandum. New memo provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States.

New memo provides consolidated guidance on the L-1B program, superseding and rescinding all prior L-1B memoranda. This memo applies only to L-1B visas/employees with specialized knowledge (not L-1A visas).

"Preponderance of the Evidence" Standard of Proof: a petitioner seeking approval of the L-1B visa, must establish that they meets each eligibility requirement of the L-1B classification by preponderance of evidence. This standard of proof is lower than that of "clear and convincing evidence" or "beyond a reasonable doubt" standards.

Elements of the L-1B Classification:

In order to establish eligibility for approval, the L-1B petitioner must show:
(1) that the beneficiary possesses “specialized knowledge”;
(2) that the position offered involves the “specialized knowledge” held by the beneficiary; and
(3) that the beneficiary has at least one continuous year of employment abroad in a managerial, executive, or specialized knowledge capacity with the petitioning employer and/or any qualifying organization (collectively referred to as the “petitioning organization”) within the preceding 3 years.

If the beneficiary will be located primarily at the workplace of an unaffiliated company, the petitioner also must establish that the beneficiary is eligible for L-1B classification under the requirements of the L-1 Visa Reform Act, discussed below in section VI.

The new memo provides definition of "specialized knowledge".

A petitioner can demonstrate “specialized knowledge” by establishing either one of two statutory criteria. Under the statute, a beneficiary is deemed to have specialized knowledge if he or she has:
(1) a “special” knowledge of the company product and its application in international markets; or
(2) an “advanced” level of knowledge of the processes and procedures of the company.
INA 214(c)(2)(B).

The corresponding regulation similarly defines specialized knowledge in terms of “special” or “advanced” knowledge:
[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
8 CFR 214.2(l)(1)(ii)(D).

Other important things to keep in mind:
>>Specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals.
>>Specialized knowledge need not be proprietary or unique to the petitioning organization.
>>The L-1B classification does not involve a test of the U.S. labor market.
>>Specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

The memo notes the following "non-exhaustive" list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization's U.S. operations.
The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer's productivity, competitiveness, image, or financial position.
The beneficiary's claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization's competitiveness in the marketplace.

Other evidence that a petitioner may submit to demonstrate that an individual’s knowledge is special or advanced, includes, but is not limited to:
• Documentation of training, work experience, or education establishing the number of years the individual has been using or developing the claimed specialized knowledge as an employee of the petitioning organization or in the industry;
• Evidence of the impact, if any, the transfer of the individual would have on the petitioning organization’s U.S. operations;
• Evidence that the alien is qualified to contribute significantly to the U.S. operation’s knowledge of foreign operating conditions as a result of knowledge not generally found in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that shows that the beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace;
• Evidence, such as correspondence or reports, establishing that the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioning organization’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records that establish that the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience or training with the petitioning organization;
• Curricula and training manuals for internal training courses, financial documents, or other evidence that may demonstrate that the beneficiary possesses knowledge of a product or process that cannot be transferred or taught to another individual without significant economic cost or inconvenience;
*Evidence of patents, trademarks, licenses, or contracts awarded to the petitioning organization based on the beneficiary’s work, or similar evidence that the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily proprietary or unique to the petitioning organization; and
• Payroll documents, federal or state wage statements, documentation of other forms of compensation, resumes, organizational charts, or similar evidence documenting the positions held and the compensation provided to the beneficiary and parallel employees in the petitioning organization.

A petitioner may submit any other evidence it chooses. In all cases, USCIS will review the entire record to determine whether the petitioner has established by a preponderance of the evidence that the beneficiary has specialized knowledge under the totality of the circumstances. Merely stating that a beneficiary’s knowledge is somehow different from others or greatly developed does not, in and of itself, establish that he or she possesses specialized knowledge. Ultimately, it is the weight and type of evidence that establishes whether the beneficiary possesses specialized knowledge.

USCIS can issue a RFE (Request for Evidence) for various reasons to I-129 Petitioner. Denial rate is high, RFE rate is even higher for L-1B petition. The new memo is intended to help to solve many difficulties with obtaining a L-1B visa for qualifying applicants.

See August 17, 2015 memo at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/L-1B_Memorandum_8_14_15_draft_for_FINAL_4pmAPPROVED.pdf

Common Immigration Scams: helpful tips from USCIS how to avoid becoming a victim of immigration fraud or scam.

6/16/2015

Immigration scam by a local business.

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time.

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

request personal information (Social Security number, Passport number, or A-number);
identify false problems with your immigration record; and
ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams.

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

Visa
Green Card
Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false.

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

Free downloadable forms
Form Instructions
Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

DV lottery
Visa lottery
Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent.

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants.

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery.

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios" and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists!

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here.

DV-2016 Green Card Lottery update from the US Department of State. More than 11 million applications submitted - only 50000 green cards are available annually in this lottery. Visa issuance period starts on October 1, 2015 and ends on September 30, 2016.

6/9/2015

Applicants from all over the world who registered for the DV-2016 program were selected at random from 11,391,134 qualified entries (17,573,350 with derivatives) received during the application period that ran from noon, Eastern Daylight Time on Wednesday, October 1, 2014 until noon, Eastern Daylight Time on Monday, November 3, 2014.

The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.

The Kentucky Consular Center registered and notified the winners of the DV-2016 diversity lottery. Approximately 91,563 applicants have been registered and notified and may now make an application for an immigrant visa (so called"selectees" or "winners"). Some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger number (91,563 selectees) should insure that all DV-2016 numbers will be used during fiscal year 2016 (October 1, 2015 until September 30, 2016).

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of status instead of consular processing of their visas, must apply through USCIS Department of Homeland Security (** Please note that you have to be eligible for adjustment of status. Therefore, if you were selected as a winner in the Green Card lottery and you live in the United States, it's advisable to consult an experienced attorney before applying for your green card).

Once the total *50,000 visa numbers have been used, the program for fiscal year 2016 will end. Selected applicants (aka "selectees" or "winners") who do not receive visas by September 30, 2016 will derive no further benefit from their DV-2016 registration. Similarly, spouses and children accompanying or following to join DV-2016 principal applicants are only entitled to derivative diversity visa status until September 30, 2016.

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2015 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

P.S. Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2016 program:

AFRICA

ALGERIA  1,952

ETHIOPIA 4,000

NIGER 102

ANGOLA  108

GABON 32

RWANDA 412

BENIN  914

GAMBIA, THE 67

SAO TOME AND PRINCIPE 2

BOTSWANA  4

GHANA 3,179

SENEGAL 427

BURKINA FASO 199

GUINEA 1,818

SEYCHELLES 0

BURUNDI 208

GUINEA-BISSAU 4

SIERRA LEONE 2,141

CABO VERDE 6

KENYA 2,729

SOMALIA 272

CAMEROON 3,047

LESOTHO 5

SOUTH AFRICA 535

CENTRAL AFRICAN REP. 23

LIBERIA 4,430

SOUTH SUDAN 17

CHAD  40

LIBYA 240

SUDAN 3,216

COMOROS  3

MADAGASCAR 75

SWAZILAND 7

CONGO 124

MALAWI 17

TANZANIA 93

CONGO, DEMOCRATIC REPUBLIC OF THE 4,475

MALI 114

TOGO 1,241

COTE D’IVOIRE 1,129

MAURITANIA 15

TUNISIA 227

DJIBOUTI 92

MAURITIUS 41

UGANDA 453

EGYPT  4,024

MOROCCO 1,993

ZAMBIA 57

EQUATORIAL GUINEA 0

MOZAMBIQUE 11

ZIMBABWE 152

ERITREA 544

NAMIBIA 18

ASIA

AFGHANISTAN 406

JAPAN 302

QATAR 42

BAHRAIN 13

JORDAN 349

SAUDI ARABIA 267

BHUTAN 22

NORTH KOREA 0

SINGAPORE 39

BRUNEI 1

KUWAIT 143

SRI LANKA 704

BURMA 236

LAOS 1

SYRIA 460

CAMBODIA 1,229

LEBANON 225

TAIWAN 297

HONG KONG SPECIAL
ADMIN. REGION 151

MALAYSIA 95

THAILAND 73

INDONESIA 126

MALDIVES 3

TIMOR-LESTE 0

IRAN 4,501

MONGOLIA 185

UNITED ARAB EMIRATES 103

IRAQ 330

NEPAL 3,801

YEMEN 724

ISRAEL 162

OMAN 12

EUROPE

ALBANIA 1,931

GREECE 93

NORWAY 35

ANDORRA 0

HUNGARY 186

POLAND 629

ARMENIA 1,277

ICELAND 3

PORTUGAL 58

AUSTRIA 50

IRELAND 89

Macau 23

AZERBAIJAN 380

ITALY 410

ROMANIA 626

BELARUS 811

KAZAKHSTAN 376

RUSSIA 2,200

BELGIUM 47

KOSOVO 244

SAN MARINO 0

BOSNIA & HERZEGOVINA 92

KYRGYZSTAN 209

SERBIA 283

BULGARIA 865

LATVIA 73

SLOVAKIA 70

CROATIA 67

LIECHTENSTEIN 0

SLOVENIA 33

CYPRUS 28

LITHUANIA 153

SPAIN 193

CZECH REPUBLIC 74

LUXEMBOURG 0

SWEDEN 108

DENMARK 35

MACEDONIA 258

SWITZERLAND 122

ESTONIA 40

MALTA 0

TAJIKISTAN 337

FINLAND 57

MOLDOVA 1,854

TURKEY 1,795

FRANCE 510

MONACO 0

TURKMENISTAN 124

French Polynesia 1

MONTENEGRO 8

UKRAINE 4,507

Saint Martin 1

NETHERLANDS 81

UZBEKISTAN 4,300

Wallis and Futuna 1

Aruba 4

VATICAN CITY 0

GEORGIA  571

Curacao 2

GERMANY 678

NORTHERN IRELAND 9

NORTH AMERICA

BAHAMAS, THE 16

OCEANIA

AUSTRALIA 832

NAURU 12

SAMOA 5

Cocos Islands 1

NEW ZEALAND 208

SOLOMON ISLANDS 0

FIJI 393

Cook Islands 4

TONGA 26

KIRIBATI 4

PALAU 4

TUVALU 0

MARSHALL ISLANDS 0

PAPUA NEW GUINEA 3

VANUATU 5

MICRONESIA, FEDERATED STATES OF 3

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

ANTIGUA AND BARBUDA 0

DOMINICA 6

SAINT KITTS AND NEVIS 2

ARGENTINA 68

GRENADA 7

SAINT LUCIA 5

BARBADOS 0

GUATEMALA 31

SAINT VINCENT AND THE GRENADINES 7

BELIZE 0

GUYANA 14

SURINAME 3

BOLIVIA 49

HONDURAS 73

TRINIDAD AND TOBAGO 51

CHILE 17

NICARAGUA 58

URUGUAY 21

COSTA RICA 50

PANAMA 5

VENEZUELA 1,038

CUBA 1,488

PARAGUAY 7

P.S. Natives of the following countries were not eligible to participate in DV-2016: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many.

On May 29, 2015, U.S. Department of State officially rescinded Cuba's designation as a state sponsor of terrorism.

5/29/2015

Big news for Cuba: on May 29, 2015, U.S. Department of State rescinded Cuba's designation as a state sponsor of terrorism.

Cuba’s removal from the list of countries – now confined only to Iran, Sudan and Syria – is an important step in Obama's administration effort to move past the Cold War era hostility.

In December 2014, the President instructed the Secretary of State to immediately launch a review of Cuba’s designation as a State Sponsor of Terrorism, and provide a report to him within six months regarding Cuba’s support for international terrorism. On April 8, 2015, the Secretary of State completed that review and recommended to the President that Cuba no longer be designated as a State Sponsor of Terrorism.

Accordingly, on April 14, 2015, the President submitted to Congress the statutorily required report indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future.

The 45-day Congressional pre-notification period has expired, and the Secretary of State has made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective today, May 29, 2015.

The rescission of Cuba’s designation as a State Sponsor of Terrorism reflects our assessment that Cuba meets the statutory criteria for rescission. While the United States has significant concerns and disagreements with a wide range of Cuba’s policies and actions, these fall outside the criteria relevant to the rescission of a State Sponsor of Terrorism designation.

Read at: http://m.state.gov/md242986.htm

Nebraska to start issuing driver's licenses to young immigrants who were granted deferred action under DACA program which is in effect since 2012.

5/28/2015

Nebraska will start issuing driver's licenses to DREAMers or young people who were granted deferred action under DACA ("DACA grantees").

Nebraska is the last state to join the other 49 states who are already issuing driver's licenses to young people with approved DACA deferred action. This program has been in effect since 2012.

On Tuesday, Nebraska Legislature overrode Governor's veto on this bill by 34 to 10 vote.

Read here.

5th Circuit Court of Appeals: DAPA injunction stays in place, the program may never become law. DACA extension injunction stays in place, as well.

5/26/2015

Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution.

The district court determined that the states are likely to succeed on their procedural APA claim, so it temporarily enjoined implementation of the program. Texas v. United States, Civ. No. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015).

The United States appealed the preliminary injunction and moved for a stay of the injunction pending resolution of the merits of that appeal. Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction. Read full text of the decision here.

First, the Court of Appeals rejected the Obama administration's argument that the 26 states challenging DACA and DAPA lack standing. The panel found that the burden on Texas in having to issue drivers licenses to DAPA status immigrants was "real and concrete."

Second, the court rejected the Obama administration's main argument, which is that the actions are truly discretionary and thus "committed to agency discretion by law." The court said that the executive actions didn't allow for any real exercise of discretion by agency employees, rather they simply were blanket changes to the immigration laws.

There are other provisions in Obama’s executive action on immigration, which will be considered by a different panel of judges of the Fifth Circuit the week of July 6, 2015. That panel could decide to lift the injunction.

The injunction could remain in place for the rest of President Obama’s term in office – unless it is lifted by the courts.

As a practical matter, the injunction prevents the government from processing DAPA and extended DACA applications. Only original 2012 DACA is still in effect.

It appears that DAPA and extended DACA may never become law.

Read the court opinion here.

Starting May 26 2015, USCIS temporarily suspends premium processing for H-1B extensions in order to implement policy granting EADs (work permits) to H-4 spouses.

5/19/2015

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.

USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Read more at http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

DHS and the IRS are investigating Chinese "birth tourism" and agencies bringing Chinese mothers to the USA.

5/14/2015

As reported by Bloomberg Business News, birth tourism from China to the US is booming. Although it’s not illegal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit when interviewed by American Consul or by immigration or customs officers at the US airport—or coach someone to do so.

If a woman says she’s traveling to the U.S. to give birth, the consular and customs officers may request proof that she can pay for her hospital stay. (The same would be asked of anybody seeking medical treatment in the U.S.)

Department of Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden.

No one knows the exact number of Chinese birth tourists or services catering to them. Online ads and accounts in the Chinese-language press suggest there could be hundreds, maybe thousands, of operators. A California association of these services called All American Mother Service Management Center claims 20,000 women from China gave birth in the U.S. in 2012 and about the same number in 2013. These figures are often cited by Chinese state media, but the center didn’t reply to a request for comment. The Center for Immigration Studies, an American organization that advocates limiting the scope of the 14th Amendment, estimates there could have been as many as 36,000 birth tourists from around the world in 2012. Estimated fees paid by Chinese birth tourists to the agencies catering to them are around USD30,000 to USD60,000.

Department of Homeland Security declined to discuss the investigation because it is ongoing, but the agent in charge said: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.”

Read the story here.