March 24, 2022, Immigration QnA with Yudi on behalf of students and young professionals
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Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.
We assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor. We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2021 |
| Audit Review | July 2021 |
| Reconsideration Request to the CO | October 2021 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.09% | 1227 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 0% | 0 |
| I-129E2 | CNMI Treaty Investor | 100% | 7 |
| I-129F | Petition for Fiancée |
As part of the credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for most forms. The goal of this pilot is to bring USCIS one step closer to accepting digital payments using a credit card at all service centers.
Release Date
04/07/2022
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.
FAQ: Student working without authorization
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Release Date
04/12/2022
WASHINGTON— U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
Number 65
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Discussion Topics, Thursday, April 14, 2022:
FAQ: GC-EAD applicant holding multiple jobs and starting own business
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
YouTube: http://www.youtube.com/immigrationdotcom
Published by: The Economic Times - Date: April 28, 2022
Synopsis
A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived. If such preconception is deemed misleading, you could be barred from entering the US for ever.
For more on this article please see the attachment below.
Discussion Topics, Thursday, April 28, 2022:
I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
I reached the office at 7.30 am on 12/11 (91st day after RD on I-765 notice) and found that I was the only one out there. Since it was 8 deg in the morning, this didnt come as a surprise to me
The office opened at 8 and I was given a token when I entered. I was called in about 20 minutes.
I took the following documents with me:
1. Copy of I-765 notice
2. Copy of I-485 notice
3. Filled out new I-765 form
Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:
Initial applications
Responses to all Requests for Evidence or other responses due on or after March 1, 2020
Requests for extension of status, maintenance of status
Reprieve from any expiration of status or employment authorization;
Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,
Updates Align with Board of Immigration Appeals Decision and Statute
Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency
Release Date: April 15, 2020
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities. DHS also continues to take action to protect the American people and communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.