Visa Lawyer Blog

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Tashfeen Malik, a Pakistani citizen, and her husband Syed Rizwan Farook, a naturalized United States Citizen, are known globally as the couple behind the San Bernardino shootings, which took the lives of 14 people and left 21 injured. Twenty-eight-year-old Syed Farook was identified as an environmental health services inspector employed by the San Bernardino County Department of Public Health. He was attending a holiday party at the Inland Regional Center where he worked. Reports confirm that a dispute occurred between Syed and an attendee of the party causing Syed to leave the party. He later returned with his wife Tashfeen dressed in tactical gear carrying assault weapons and semi-automatic pistols. Days after the attack, it became known that the assault was inspired but not directed by the Islamic State of Iraq and the Levant (ISIL), the terrorist group which claimed responsibility for coordinated attacks that occurred in Paris just last month. Through a radio message disbursed online, ISIL confirmed that the duo were indeed supporters of the group praising them for their efforts, but stopping short of taking credit for the attack. The FBI has since confirmed that the couple had been ‘radicalized’ for some time before the actual attack took place, though it is not clear how the couple became radicalized, how they rehearsed the attack, and whether the couple maintained ties to any other terrorist organizations. It is known that Syed and his wife Tashfeen had visited gun ranges in the Los Angeles area for target practice just days before the December 2nd assault at the Inland Regional Center, a social services facility located in San Bernardino, California where Syed was employed.

Investigations have revealed that Syed and Tashfeen met one another on a Muslim dating site a couple of years ago. The relationship flourished, and eventually Tashfeen Malik obtained and entered the United States legally on a K-1 fiancé visa. Last year, Tashfeen became a United States lawful permanent resident through her marriage to Syed, a naturalized citizen. In response to the recent terror attacks around the world and the Syrian refugee crisis, President Obama delivered a rare address to the nation from the Oval Office yesterday evening declaring the San Bernardino massacre an “act of terrorism designed to kill innocent people.”

In his address, President Obama outlined his administration’s four-tier strategy to defeat ISIL and discussed necessary measures that must be taken by Congress to bring about legislation that will protect our country from extremism and combat the war on terror. Such measures include the following:

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Yesterday, December 2, 2015 the state of Texas brought suit against the federal government and the International Rescue Committee (IRC), before the United States District Court in Texas Health and Human Services Commission V. United States et al., 12/2/15. In its suit, the state of Texas claims that the federal government and the IRC acted unlawfully in their attempt to resettle Syrian refugees without prior consultation and direct cooperation with the state of Texas, as required by federal law. The lawsuit was brought by the Texas Health and Services Commission (THSC) representing the interests of the state of Texas in court. The THSC is an agency responsible for the administration and development of the refugee resettlement program in Texas. The state of Texas discovered in a phone call with the IRC that the Committee intended on resettling 6 Syrian refugees in Dallas, Texas on December 4, 2015 without consent. On December 1, 2015 Texas addressed the Committee in a letter requesting a halt to the resettlement of Syrian refugees until the state would receive security assurances and discuss proper screening procedures for said refugees. The IRC responded on December 2nd that it would continue the resettlement process as planned resettling the refugees in Texas.

Refugee Resettlement Program

Texas administers the refugee resettlement program along with the assistance of local government agencies responsible for the financial costs associated with the refugee’s resettlement and transition to the state of Texas.  In order to accomplish its endeavors, all federal and state agencies must adhere to strict framework’s established by the Refugee Act of 1980, which require collaborative and cooperative efforts between all entities involved in the process of refugee resettlement. According to Texas, “instead of adhering to that statutory framework, the federal government and the Committee have left Texas uninformed about refugees that could well pose a security risk to Texans and without any say in the process of resettling these refugees.”

Arguments for the state of Texas

In its suit, Texas aims to re-assert its sovereignty and obligation to protect the safety of its residents. Texas claims that the government’s failure to adhere by the law has raised legitimate security concerns involving potential complicity between refugees and terrorists.

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It is our pleasure to introduce our readers to our esteemed Paralegal and Case Manager Katie Foley who has worked at the Law Offices of Jacob J. Sapochnick since 2010. Ms. Foley, originally from Santa Cruz, California holds a Bachelor’s Degree in Liberal Studies from Cal State East Bay and her paralegal certificate from San Diego Miramar College. Throughout her career, Katie Foley has assisted our attorneys with various different types of immigration petitions including family-based petitions, employment based petitions (H-1B, E-2 etc.), deferred action, marriage visas, I-751 petitions, fiancé visas, consular processing, naturalization, temporary visas (B-1/B-2, J-1, F-1 etc), deportation and removal cases.  She has successfully processed hundreds of applications and in the process has formed long standing relationships with our clients. In her role as case manager, she assists our legal assistants with their case loads and provides direction as needed. Ms. Foley is an outstanding member of our firm for her impressive attention to detail, her understanding of the law, and the extensive guidance she provides our clients to ensure every case has a successful outcome. She provides all of our client’s strong personal support and comprehensive step-by-step instructions for each immigration process. If you are an international or out of state client, not to worry, Ms. Foley has perfected an easy online case processing system to assist clients with their immigration concerns no matter where they reside. In her free time, she enjoys lap swimming, barbecues, and gardening. To read more about Ms. Foley please click here.

For immigration questions please call our office. Your Immigration is our Passion.

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Last week, in a 289-137 vote the House of Representatives overwhelmingly voted in favor of a bill that would require a comprehensive background check to be conducted for every Syrian and Iraqi seeking refugee admission to the United States. Among its provisions, the bill, better known as the American Security Against Foreign Enemies Act of 2015 (American SAFE Act of 2015) will require supplemental certifications and background investigations to be conducted before a Syrian or Iraqi refugee can be admitted to the United States. These additional security protocols will require multiple federal government agencies to work together in order to determine whether 1) such an alien poses a threat to the national security of the United States and 2) whether it is in the public interest of the United States to admit the alien based on the findings of the security checks conducted. The bill received overwhelming support from Democrats and Republicans alike amid the recent terrorist attacks claimed by ISIS leaving 129 dead and 353 wounded in the city of Paris. Though the bill will need to pass through the Senate before it can become law, the House’s overwhelming support for the bill has blocked the President from using his veto power.

Specifically, the bill will apply only to Syrian and Iraqi nationals referred to in the bill as ‘covered aliens.’ A covered alien means any alien applying for admission to the United States who is either a) a national or resident of Iraq or Syria b) has no nationality but whose country of last habitual residence is Iraq or Syria c) has been present in Iraq or Syria at anytime on or after March 1, 2011.

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9319698471_083278482d_zThis week USCIS and the Department of Homeland Security (DHS) announced the addition of sixteen new countries that will be eligible to participate in the H-2A and H-2B visa programs next year. Nationals from the following countries: Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste will join sixty-eight other countries already participating in the H-2A and H-2B programs. Foreign nationals from these countries can apply for the H-2A and H-2B programs beginning January 18, 2016. If a country fails to meet the requirements for continued designation of these benefits, DHS reserves the right to remove any country from the list of eligibility, as it did recently with the country of Moldova and the H-2B program. Moldova may still continue to participate in the H-2A program since it has proven compliant with the necessary standards regulating the H-2A program. USCIS may consider other foreign nationals for the H-2A and H-2B programs even if their countries do not participate in these programs on a case by case basis.

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By Yingfei Zhou, Esq. 

Last week, attorneys Yingfei Zhou, Esq. and Marie Puertollano, Esq. from our office attended the 28th AILA California Chapter Conference on Immigration Law held in San Diego, California. Together, they brought our audiences the latest updates on various issues discussed at the government open forums.

  1. USCIS I-797C Receipt Notices or I-797B Approval Notices without I-94 attached are not accepted by DMV as Proof of Legal Residence
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The December visa bulletin was recently released by the DOS on November 9, 2015. For the month of December CIS has announced that family based applicants must use the ‘date of filing’ chart to determine when their adjustment of status applications may be filed. This means that for family based preference categories, there are presently immigrant visas available and demand has not yet been met for the fiscal year. Employment based applicants must refer to the ‘final action date’ chart as a basis for applying for adjustment of status. This means that presently there is more demand than immigrant visas available for employment based categories. For the month of December, filing dates have remained unchanged. The impact of the dual chart system will not be felt until CIS requests visa numbers from the DOS in April 2016 for adjustment of status filings based on the October Visa Bulletin. In this post we will discuss new announcements that have appeared on the December visa bulletin and projections for EB-2 India, EB-2 and EB-3 China, F-2A, and F-2B. These projections are based on guidance provided by the Chief of the Visa Control and Reporting Division, Charles Oppenheim. While they do not guarantee actual immigrant visa availability, these projections are helpful reference points.

Replacement of Foreign Affairs Manual (FAM) and New Visa Waiting List

The December visa bulletin has announced that the Foreign Affairs Manual (FAM) used internally by the Department of States will be replaced with 9 FAM-e beginning November 18, 2015. Public release of the new FAM has not yet been announced.

Additionally, a ‘Visa Waiting List’ will be released beginning with the January Visa Bulletin which will provide applicants information on the National Visa Center waiting list starting November 1, 2015.

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Yesterday night, in a 2-1 vote the United States Fifth Circuit Court of Appeals voted to uphold the lower court’s decision in Texas v. United States blocking President Obama’s extended Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs from going into effect.

The expanded DACA and new DAPA provisions were announced November of last year as part of Obama’s executive actions on immigration giving eligible undocumented individuals a legal status in the United States. The expanded DACA program would have made millions of law abiding undocumented aliens (with no criminal history) eligible for employment authorization and social security benefits. To qualify, expanded DACA applicants would need to provide documented evidence proving their continuous physical presence in the United States from January 1, 2010 onward. In exchange, the United States government would recognize these individuals as law abiding residents and safeguard them against deportation. The move was significant since it would mean that undocumented individuals would no longer need to live on the fringes of society. By granting these individuals an immigration classification, insurance companies would become accessible to them for the first time ever.

Similarly, Obama’s DAPA program would have extended eligibility of deferred action to parents of US Citizens and Lawful Permanent Residents born or or before November 20, 2014 the date of the DAPA program’s announcement. As part of the application process, DAPA applicants would be required to undergo extensive background checks and prove continuous residence since January 1, 2010 among other provisions. Click here for more information on DAPA.

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In this blog we are answering 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office.

Qualifying for 245i and Adjustment of Status

Q: My ex-husband filed an adjustment of status application on my behalf based on 245i. We separated before we received our initial interview appointment and later divorced. I have since remarried. Can my husband apply for my permanent residence now that we are married?

A: Thank you for your question. Certain individuals who have a qualifying relative willing to file an immigrant visa petition on their behalf, are eligible to adjust their status under 245i Immigration and Nationality Act if they entered the country without inspection (unlawfully) and were the beneficiary of a visa petition or application for labor certification filed on specific dates outline below. Before proceeding with a new green card application, you should make sure you qualify for 245i and have all of the necessary documents to prove your eligibility. 245i applicants must provide documented evidence of their physical presence in the United States and evidence that the visa petition or application for labor certification was filed on their behalf by providing the receipt notice of the petition also known as the I-797 Notice of Action.

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Secretary of Homeland Security Jeh Johnson

On October 28, 2015 sixteen Democrats from the House of Representatives including —Zoe Lofgren, Michael M. Honda, Judy Chu, Katherine M. Clark, Elijah E. Cummings, Anna G. Eshoo, Tulsi Gabbard, Luis V. Gutierrez, James A. Himes, Ruben Hinojosa, Eddie B. Johnson, James P. McGovern, Frank Pallone Jr., Jared Polis, David E. Price, and Alma S. Adams — issued a letter addressed to the Secretary of Homeland Security, Jeh Johnson concerning drastic revisions made to the Visa Bulletin on September 25, 2015.

In the letter, House Democrats argue that the revisions to the Visa Bulletin have compromised the integrity of the immigrant visa process, and resulted in a lose of faith in our immigration system. More over they argue that these revisions have adversely impacted the lives of thousands of immigrants, the American businesses who employ highly skilled workers, and our economy which benefits from retaining highly skilled workers.

As previously reported, the Department of State had published a dual chart system on September 9, 2015 with the addition of a new ‘date of filing chart’ which first appeared on the October Visa Bulletin. This new ‘date of filing’ chart was implemented in an effort to modernize and streamline the immigration process, as part of President Obama’s executive actions on immigration reform.

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