Monthly Archives: August 2013

H1-B, Work Visa, US Visa, Work Permit, Layoffs

Top 5 Reasons Why Immigration Reform is Likely to Pass This Year

As Labor Day approaches and Lawmakers prepare to return to Washington, the on-going talk about Immigration Reform ignites. Below are the top 5 reasons why Immigration Reform will pass this year. Reason #1: In order maintain control of the House, Republicans can afford to lose a maximum of seventeen seats in the mid-term elections. There are […]

United States Citizenship, American Flag, Citizenship, Immigration, US Visa, Visas

Electronic DS-260 Immigrant Visa Application to Replace DS-230 as of September 3, 2013

On September 3, 2013, the Department of State will transition to an online immigrant visa application. Immigrant visa applicants will apply online using Form DS-260 (Application for Immigrant Visa and Alien Registration). Applicants will choose their agent online using Form DS-261 (Choice of Address and Agent). Applicants will access both forms on the web at […]

H1B Visa, H1-b Visa, H1b Approval, H1-B Approval, Immigration Service, Immigration News

Advance Parole For Deferred Action for Childhood Arrivals (DACA) Recipients

A very welcomed benefit of Deferred Action for Childhood Arrivals (DACA)  is that a recipient may seek permission – through a process known as “advance parole” – to travel abroad temporarily for humanitarian, education, or employment purposes. This practice advisory provides guidance on advance parole eligibility for DACA recipients; outlines how a DACA recipient may […]

Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin

USCIS issued a policy memorandum (PM) that provides updated guidelines to ensure uniform acceptance of applications for adjustment of status under the Diversity Visa (DV) category. The guidance contained in this PM is controlling and supersedes any prior guidance on the subject. To read this memo in its entirety please visit this link.

Immigration Services, US Visa, Immigration, Lawyer, Attorney, Legal Advice

USCIS Working to Correct CPR Cards Issued with Incorrect Expiration Dates

United States Citizenship and Immigration Services (USCIS) recently alerted the American Immigration Lawyers Association (AILA) that approximately 2,300 Conditional Permanent Resident Cards were issued with incorrect expiration dates. USCIS is attempting to rectify this by contacting affected individuals via email to provide them with further instructions on obtaining a replacement card. USCIS provided the following […]

Deportation, Asylum, Withholding of Removal

Motions to Suppress in Removal Proceedings: Cracking Down on 4th Amendment Violations

Increasingly, state and local law enforcement officers are assisting the federal government in immigration enforcement, whether through formal agreements under Section 287(g) of the Immigration and Nationality Act; through participation in Secure Communities and the Criminal Alien Program; through state laws such as those enacted in Arizona, Alabama, and elsewhere; or through policies promoted by […]

Interviewing Officers and Attorneys at the USCIS Los Angeles Field Office

What is the remedy for attorneys who are present in interviews in which the interviewing officer asks inappropriate questions?  One example is a case in which an officer asked an applicant why they have not had children (the case was not married based). USCIS Response: Please ask to speak to the Section Manager. If the […]

Form I-130 With Erroneous Decision from USCIS Los Angeles

On the I-130 Fact Sheet, USCIS indicated that an old priority date can be used only if USCIS agrees to reopen the petition (in most cases, based on CIS error). If a member becomes aware that an old I-130 was denied erroneously based on USCIS error, where should they go to request that the petition […]

InfoPass Appointments at the USCIS Los Angeles Office

Now that one needs an appointment to make a payment (i.e. for biometrics), there are simply not enough infopass appointments available. The problem is exacerbated by the fact that attorneys are not permitted to request biometric appointments too far in advance of a court hearing. Attorneys are frequently turned away. If no additional infopass appointments […]

H1B Visa, H1-b Visa, H1b Approval, H1-B Approval, Immigration Service, Immigration News

Advance Parole Los Angeles Field Office Liaison Question

The membership wishes to clarify the requirements to request Expedite Advance Parole. In the past, a copy of Form G-325A was sufficient and the attorney was able to pick up the parole on behalf of their clients. As of June 2013, however, the advance parole unit is now requiring an original signature on Form G-325A […]