Visa Lawyer Blog

by

The Department of Labor continues to fight against immigration service providers. First it was the largest Law Firm in America and now a software provider. DOL announced the debarment of an immigration software company, having determined that the company willfully provided false or inaccurate information when applying for permanent labor certifications, and engaged in a pattern or practice of failing to comply with the terms of the application, ETA Form 9089.

“Debarring this company for filing false information demonstrates the department’s

ongoing commitment to safeguard the integrity of the permanent labor certification

Continue reading

by

We all know that Hispanics will play a significant role in this year’s presidential race between Barack Obama and John McCain. The Census Bureau reports an 18 percent jump in Hispanic voters in 2006, compared with the previous election. They are also a big part of the population in key swing states, such as Florida, New Mexico, California and Colorado.

And because this year, neither Obama nor McCain has a lock on Hispanic voters, even if it appears otherwise at the moment. Polls show that among Hispanics, Obama is leading by a 2-to-1 ratio. The presumptive Democratic nominee benefits from what is for most Hispanics, with the exception of Cuban-Americans, a near-hypnotic loyalty to the Democratic brand.

San Diego based CNN writer Ruben Navarrette Jr. has an excellent article on this in todays UT paper. Read more here….

by

An anxious and worried couple consulted with me recently. The spouse is American and the Husband Filipino who we will call Mr. M.

They presented me with a decision from the local Immigration office intending to deny their Marriage Adjustment Petition. They were given 30 days to file an appeal. The issue in this case was that the immigration officer determined that there was fraud in this case, and hence Mr. M doesn’t qualify for the conditional Green Card. The couple explained that the officer never looked at any of their documents. Rather, she interviewed them separately and determined her conclusions based on the answers they provided.

After reviewing the decision, it was clear that the officer never even looked at the numerous documents the couple collected together. She also ignored the medical condition that the US Citizen spouse was under. The wife suffered from a serious heart condition that affected her memory ability to communicate clearly.

We immediately got on top of the case. In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefit sought. Matter of Brantigan, 11 I&N Dec. 493. Evidence to be considered by the reviewer officer includes evidence of combined financial assets and liabilities, length of time of cohabitation, and other relevant evidence. Chand v. INS, 1997 U.S. LEXIS 19141

Continue reading

by

A few days ago USCIS updated the count of H-2B petitions received and counted towards the H-2B cap. As of July 1, 2008, 17,305 petitions have been counted towards the 33,000 cap for the first half of fy 2009. For the lawyers filing H2B visas and employers needing them badly, these are bad news.

I expect all H2B visas for the first half of the year (starting October 1) to be gone by mid August, if not earlier. Those that have filed their Labor Certifications already, make sure to work with the local SWA’s and Department of Labor to make sure smooth processing of your files. Also, make sure to have your I-129 packages ready, so that with the LC’s are approved you will be first to file.

by

Due to the large number of visa refusals (mostly non immigrant) in many Consulates around the world, we can not stress to clients to be honest about past visa refusals.

For more than 25 years, consular officers have been noting visa refusals by stamping the back of an applicant’s passport with “application received.” Modern technology makes this step no longer necessary. The refusals are being tracked by the DOS, DHS and other federal agencies, just in a more modern manner than the ink stamp in a passport.

When filing for a nonimmigrant visa application, Form DS-156 of the DOS asks in question 31 whether the visa applicant has ever been refused a visa. If the answer is yes, it is important to provide information as to when, where, and the type of visa that was denied or refused. Not providing accurate or truthful information could result in further refusal based on fraud or material misrepresentation. Potentially, such findings could permanently prevent an individual from obtaining a visa and entering the United States. Even though certain waivers are allowed, obtaining an approval of a waiver for a nonimmigrant or immigrant visa is discretionary and not routine. So be honest and you will be in a better position.

by

I am a big fan of the 80’s music and was pleased to learn of Boy George’s upcoming Concert Tour, passing through San Diego as well in July. Now it seems that we will be be expecting a refund for the tickets.Boy George has been denied a visa to enter the United States, according to his site.

U.S. immigration denied the visa because George, faces trial in November in London on charges of false imprisonment relating to an April 2007 incident, according to a statement from Boy George’s management, posted on his site. Under US law a criminal conviction even from abroad, can lead to a visa denial or bar to enter the US.

Read the story here

by

This week I am attending the National American Immigration Lawyers Association Conference in Vancouver,BC. The setting is perfect as 11,000 immigration lawyers gather to discuss the most pressing issues in immigration law today.

I attended the open forum where by Government Officials from Immigration and Department of Labor share views and answer questions from the lawyers. Gov Officials said that the U.S. Department of State Visa Bulletin for July 2008 stated that all employment-based, third preference (EB3) visa numbers will be used by the end of June 2008. There are several causes of this development according to the panel experts today, including joint efforts by DOS and the USCIS to utilize all available visa numbers by the end of fiscal year (FY) 2008.

One important change that appears to be contributing to the usage of visa numbers is the February 2008 Michael Aytes (he was there today acting very cheerful and willing to answer many questions) memorandum allowing for approval of Application for Adjustment of Status (I-485) cases awaiting clearance through the Federal Bureau of Investigation (FBI)’s National Name Check Program (NNCP).

Continue reading

by

I-140 Premium processing is back, but wait not so fast. The USCIS issued an official notice informing that, as of June 16, 2008, premium processing will be available for I-140 petitions on a limited basis. The premium processing service for I-140s will only be available for foreign nationals who are reaching the end of their sixth year of H1B term and who otherwise would not be eligible for H1B extensions.

I-140 premium processing will be made available to those who need their I-140s approved in order to be eligible for H1B status beyond the six-year limit. This would apply to H1B applicants who have only 60 days remaining before the end of the H1B six-year limit, but who do not qualify for extensions based upon the priority date of the labor certification filings, alone. In that instance, the I-140 approval will permit an H1B extension for an additional three years in those situations where the priority date is not current / available.

by

Per the USCIS announcement on June 5, 2008, USCIS is centralizing the processing of N-400’s at NBC, with one exception. Military naturalization applicants will continue to file with the Nebraska Service Center until further notice.

Movement of N-400 applications from the service centers to the National Benefits Center
(NBC) for centralized staging and subsequent processing will occur in an incremental
fashion. The Texas Service Center (TSC) will move forms from its office to the NBC
during the month of June. This movement will not involve all N-400 applications
received at the TSC, however. The TSC will only move those cases received and
accepted at their site after June 6th. Only those cases received after this date and found to
be correctly filed according to USCIS standards will be transferred to the NBC.

The California Service Center will follow suit during the month of July by transferring
only those cases meeting the above stated criteria after the specific date in July yet to be
determined and communicated. The Nebraska Service Center will be transferring its
cases received in August, in like fashion. The Vermont Service Center will conclude this
transition phase with the movement of its cases to the NBC within the month of
September. Only those cases receipted after the specific date set in September will be
moved from the VSC to the NBC.

Continue reading

by

Our country’s commitment to bring to justice criminals against humanity is remarkable. The pursuit of Holocaust criminals shows that even after 60 years, they will face justice and be deported.

The Board of Immigration Appeals (BIA) affirmed an order directing the removal of

Josias Kumpf, 83, due to his participation in Nazi-sponsored crimes of persecution during World War II.

Continue reading