Visa Lawyer Blog

Articles Posted in Global Immigration

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Want to track the status of a pending case? Moving to a new address? Want to report a problem with your case? No problem!

Our loyal fans and followers, who communicate with us through our various social networking sites and web page, often ask our law office how they can track or check the status of their pending case, how they can change their address with USCIS while their case is pending, and how they can report a problem with their case. These are all very important questions. It is imperative that all applicants who have pending cases with USCIS regularly check the status of their case both online and by calling USCIS. There are several ways to communicate with USCIS. You can check the status of your pending case online, submit a service request online, schedule an Infopass online, and submit a change of address online.  For time sensitive issues, applicants should check the status of their pending case or report a problem with their pending case by calling USCIS directly by phone. In this post we will walk you through the steps of how to communicate with USCIS via all of these methods.

How to check the status of a case online:

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USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

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For many, the American Dream has proved to be far beyond reach. This is the story of our client, Rafael Espinoza Iniguez, as told by his wife, Maria:

Life, Liberty, and the Pursuit of Happiness are birth rights our government sought to protect through a living breathing document known as the Declaration of Independence. These “inalienable rights” have been challenged at times by life’s many obstacles and ironies, some of which are brought about by medical conditions, which are alleviated by research institutions, by economic difficulties, which are alleviated by charities, by social pressures, which are alleviated by advocacy groups, and by injustices, which are alleviated by our government; the institution which has declared to protect our rights as citizens. Our government was designed in its inception as a progressive government by our founding fathers, who were dissatisfied by the tyranny of monarchies, and created this nation with the goal of establishing a just government, recognizing the rights all human beings are entitled to. And so, in pursuing our own life, liberty, and happiness, this is our family challenge:

To present our story in order to advocate for comprehensive immigration reform that will allow entrance into the United States for law abiding and deserving individuals, who have come to this great nation in the pursuit of that same happiness our founding fathers were in search of. 

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By Yingfei Zhou, Esq.

Today, June 09, 2014, the U.S. Supreme Court ruled in a 5-4 decision that children who waited for years with their parents to obtain immigrant visas still have to go to the back of the line when they turn 21.

BACKGROUND: The case, Mayorkas v Cuellar de Osorio, began as two separate suits, one joining many individual plaintiffs, and the other certified as class action.  One of the respondents involved in this case is a Salvadoran family-sponsored immigrant who was in line for a visa along with her 13-year-old son.  But after years of waiting, her son turned 21 and government officials said he no longer qualified as an eligible child.  The aged-out son was then placed at the back of the line, resulting in a wait of several more years.

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Secretary of the Department of Homeland Security Jeh Johnson

On June 05, 2014 the Secretary of the Department of Homeland Security, Jeh Johnson, announced the renewal process for enrollment in the program, Deferred Action for Childhood Arrivals (DACA). Effective immediately, USCIS will begin to accept renewal requests, as well as initial requests from DACA applicants who have not yet benefitted from the program. The first DACA applications that were approved by USCIS will expire in September 2014. USCIS recommends that initial DACA approved applicants file their renewal requests approximately 4 months before their current DACA expires. Following the renewal process, these applicants will be able to remain lawfully present in the United States and apply for an employment authorization valid for up to 2 years. According to USCIS, more than 560,000 applicants have already been approved under DACA since April of this year. The Secretary of the Department of Homeland Security, Jeh Johnson, added that children who crossed the border illegally with their parent(s) in search of a better life, should not be punished as adult offenders and should thus receive different treatment, given that they did not have a choice in the matter.

NOTE: Individuals who have not resided continuously within the United States since June 15, 2007 are not eligible to apply for DACA.

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First time visitor at our office? We have you covered on what to expect during your first visit in 5 easy steps.

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Our Clients

Since every client’s case is truly unique, it is important for our potential clients to attend their free consultation, where a member from our team will explain the appropriate legal process that should be taken, in addition to answering all of their questions and concerns. Please contact our office to schedule an appointment for an in person or phone consultation at (619) 819-9204 or Toll Free at 1-866-488-1554

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Aditya Agarwal, VP of Engineering at Dropbox and Joe Green of FWD

Aditya Agarwal, VP of Engineering at Dropbox and President and Founder of FWD. us Joe Green

For decades, immigrants from all parts of the world have come to the United States, bringing with them their unsurpassed talents and ground breaking innovations.  This entrepreneurial spirit was first fostered by our founding fathers and later matched by such brilliant minds as, telecommunications magnate Alexander Graham, Google founder and college dropout Sergey Brin, and Nordstrom founders John W. Nordstrom and Carl F. Wallin, all of whom immigrated to the United States in pursuit of the American dream. Such immigrants have continued to shatter conventions by making significant contributions to our country’s history, its technology, and economy.

In early 2013, the Kauffman Foundation released an updated report as a supplement to the Kauffman Index of Entrepreneurial Activity, which tracks new business creation in the United States. The report studied rates of entrepreneurial activity among different demographic groups during an 18 year period, beginning in 1996 through 2013. Of interest, is the report’s finding that the number of immigrants who were new entrepreneurs in 2013, at 26 percent, was nearly twice that of the native-born population of non-immigrants, a rate that was up 6 points from 19 percent in 2003.

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Drivers license for undocumented
In October of 2013, California made history when it became the first most populous state in the nation to sign a bill into law which allows undocumented immigrants to obtain a California driver’s license. This measure, Assembly Bill 60, was signed into law by California Governor Jerry Brown and was passed in an effort to make the roads safer. Through this piece of legislation, the Department of Motor Vehicles, was required to begin issuing driver’s licenses to undocumented immigrants beginning January 01, 2015.

Early this month, the Obama administration informed California state officials that the design of these California driver’s licenses was found to be against federal law, based on the fact that the design of these new drivers’ licenses appear much too similar to California driver’s license’s issued to law abiding residents.

Since September 11, 2011, federal law has required that state licenses issued to unlawful residents be easily distinguishable from all other forms of identification that can be used for the purpose of boarding commercial airplanes. The Department of Homeland Security recently issued a letter to California’s Department of Motor Vehicles regarding the problematic design alleging that the letters ‘DP’ signifying ‘Driving Privilege,’ placed on the front of these new driver’s licenses, in replacement of ‘DL’ signifying ‘Driver’s License,’ which appears on the front of driver’s licenses issued to law abiding residents, did not meet the federal standard of being easily distinguishable from drivers licenses issued to law abiding residents. Additionally, DHS wrote that the licenses, “must clearly state on the face and in the machine readable zone that they may not be accepted for federal purposes.”

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Last Monday, April 28, Congresswoman Zoe Lofgren, U.S. Representative of California’s 19th district, introduced what is known as a Private Relief Bill to Congress in an effort to reunite fellow DREAMer and San Jose State University college student, David Gonzalez, with his mother Antonia Aguilar. The Private Relief Bill, which is introduced once or twice during each congressional session, is intended to bring congressional awareness to the plight of a specific person, whose situation demonstrates a ‘compelling humanitarian reason’ which would allow them to remain in the country legally.

Ms. Aguilar found herself in the position of being deported from the United States after returning from a trip to Mexico to see her dying father for the last time. David Gonzalez is only one of three of her children, and like thousands of other young men and women across the United States, has had to take on the parental role of raising his younger siblings while tending to his scholarly obligations.

After meeting with the young man and hearing his story, Congresswoman Lofgren echoed the same sentiments that millions across the country have expressed saying, “Sadly, this story is not unique. Our dysfunctional immigration system continues to rip families apart, separating husbands from wives and children from their parents. When our immigration system fails families I step in to do as much as I can….. Even extraordinary efforts on behalf of individuals are often not enough because our immigration system is fundamentally broken and will continue to be broken until we reform our immigration laws.”

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The Chief of the Visa Control and Reporting Division at the U.S. Department of State, Charles Oppenheim, recently shared the expected projections for monthly and annual visa demand and Visa Bulletin projections regarding family and employment based green cards. It is important to note that these projections may be subject to change based on the reported or observed visa demand witnessed by USCIS and the U.S. Department of State.

Important developments to look forward to this year include significant advancement of EB-2 category for India and unmarried sons and daughters of LPR over 21 years old. On the other hand, several immigrant visa categories are expected to retrogress due to high demand, such as the category of spouses and children of LPR, EB-5 for Chinese nationals and EB-3 for Chinese nationals. The expected projections are as follows:

Family Based Second Preference 2A Worldwide (FB-2A) –Spouses and Children (under 21) of Permanent Residents:

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