Visa Lawyer Blog

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I recently posted an article about what is actually happening at a Marriage based adjustment interview Read here But it seems that from time to time, innocent immigrants may face unethical, criminally motivated immigration agents that take advantage of their position to exploit immigrants. We as lawyers make sure to follow our clients’ cases from early document preparation stages to the final interview and beyond. We make sure that stories like the one you are about to read will never happen.

This is a story of a bad agent pursuing a young immigrant after her marriage interview with the spouse. The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives. He called her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price — not realizing that she was recording everything on the cellphone in her purse.

“I want sex,” he said on the recording. “One or two times. That’s all.

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As we are struggling to finish processing our H1B cases and get them ready for the March 31 filing date (look I am working on Saturday night!!!), new bills were introduced that may provide relief from the Cap. Here are the bills:
Strengthening United States Technology And Innovation Now Act (H.R.5642) – (March 14, 2008)
– Would Raise H-1B Cap in Fiscal Years 2008 and 2009 to 195,000 Annually
Innovation Employment Act (H.R.5630) – (March 13, 2008)
– Would Raise H-1B Cap in Fiscal Year 2008 to 130,000
With Possible Increases Up to 180,000 in Future Years
New American Innovators Act (H.R.5634) – (March 13, 2008)

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According to the American Immigration Lawyers Association, DHS/USCIS announced on a conference call on 3/19/08 that it has transmitted to the Federal Register an interim final rule regarding H-1B filing that would:

Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any “lottery” that would occur if, as expected, the number of petitions exceeds the quota.

Prohibit multiple filings from the same employer for the same employee, even if the filings are for different jobs. The one exception would be that related employers could file separate petitions for the same employee.

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With only a few weeks left for filing H1B visas, we are so busy at the office with last minute filings. In the next few weeks, we will be finalizing all the cases currently open and will be accepting new cases that have a chance to be filed before the April 1 deadline. Our biggest problem is cases with foreign degrees, such degrees must be evaluated before filing, and the later we receive the degrees, the harder it will be for us to file.

Still the biggest question that clients are asking, will the Government increase visa numbers before April 1 or in the near future.

Major corporations praised a bill introduced in the U.S. Congress that would double the number of immigrant worker visas available each year under the H-1B program.

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If you hold a green card and know in advance that you must be outside the United States for more than one year, it’s worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.

The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.

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According to ICE and other government enforcement agencies, a recurrent issue encountered in worksite enforcement investigations today is the abuse of the Social Security card by individuals seeking to satisfy the work authorization requirements mandated by federal law. The Social Security card has long been a favorite of fraudulent document vendors.

The advisory issued by ICE is alerting employers to beware of a new trend in false documents presented by unauthorized foreign workers. ICE describes a commonly found ‘three pack’ that includes a false Social Security card, state driver’s license or identity card, and a work authorization document (or EAD card). Typically, an unauthorized worker also assumes the identity of a foreign national who is authorized to work, using that individual’s documents with a photograph fraudulently added.

Employers can no longer hide behind claims that they did not know of unauthorized workers, if it can be shown that the employer should have known about a violation. Employers should be aware of their responsibilities and rights under the law.

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Under the most recent decision from BIA, an alien child who was adopted under the age of 18, and whose natural sibling was subsequently adopted by the same adoptive parent or parents while under the age of 16, may qualify as a “child” under INA section 101(b)(1)(E), even if the child’s adoption preceded that of the younger sibling. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008).

The Court agreed with the petitioner’s argument on appeal that there is no statutory or regulatory provision requiring that the beneficiary be adopted at the same time or after a natural sibling.

Read the ruling here Download file

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How many times have I been getting complaints from clients about ICE (Immigration and Customs Enforcement) agents harassing and violating rights of clients. There was this one client “under investigation” by ICE agents pretending to be a couple looking for a lost dog, asking him questions, only later to use without context in denying his adjustment case. Or the 3AM visit to a clients home, breaking and destroying personal property.

The average person/immigrant is terrified dealing with these agents. But read about this incident, Immigration Attorney, had an encounter with ICE agents at his private home that has led to his filing a complaint with DHS. Fortunately, the lawyer knows his rights, of course he does. Read the link from the ImmigrationProf Blog Here

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Are you feeling the H1B rush already? Our offices is extending our working hours in order to make sure that all our H1 files will be submitted in a timely fashion. So as April 1, H-1b visa application deadline approaching, IT companies are urging the government to authorize an increased number of visas to meet demand.

In just a few short weeks, the U.S. government will begin to accept applications for H-1B visas for Fiscal Year 2009. As was the case last year, not only is the annual supply of H-1B visas virtually assured to be exhausted on the very first day applications are accepted, half of those applying will lose out in the visa lottery, denying U.S. employers access to tens of thousands of highly skilled and badly needed professionals who could contribute to economic growth and job creation in this country,” Robert Hoffman, chairman of Compete America

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