Department of State (DOS) announced today that the Agreement between the United States of America and
In our first call, the attorney gave us right direction and suggestions. Great job.
Thank you Mr.Khanna and Team for clearing my questions on expired I-94 and AOS.Speaking to you gave confidence & helped us to make the travel plans. Appreciate your knowledge on immigation issues and thanks once again for your time ! -sharath
N-400 Average Cycle Time
This report provides the service-wide military naturalization average cycle times by month.
N-400 Performance Data
This report provides the number of Naturalizations N-400 Regular and Military Service. It includes office locations, receipts, approvals, denials and pending by fiscal year with current year-to-date figures.
My H-1B petition was filed with premium processing. We received a Request for Evidence (RFE), but it has now been four months, and the case is still not approved. How do I get a refund of the premium processing fee?
Premium processing does not guarantee an approval within 15 days. This 15-day period may include either an approval, a denial, or a request for evidence. Therefore, the case will not be eligible for a refund of the premium processing fee.
Can dependents of an R-1 beneficiary work while in the U.S.?
An R-1 worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification, but the dependents of an R-1 worker may not accept employment while in the United States in R-2 status.
Please check the attachment to read the DOS cabel on "DOS Issues Cable on B-1 in Lieu of H".
I can thank Mr Rajiv Khanna million times for what nature of practice his firm has. I still have an intangible immigrational problem in US, having business there and not able to go, son is suffering with illness but able to go, very confussed, looking all around for any kind of help. Most of the law firm wanted to get the money before even talking. But when we contacted Mr Khanna's firm, without creating any hurddles, confirmed my personal conference with him and guided me to right direction to try and given me hope to come back again. That was his incredible sevices ever any body can immagine.
DOL issues guidance letter on services for trafficking victims.
Please check the attachment to read the letter.
USCIS created a new controversy in the EB-5 immigrant investor world when it released a memorandum on February 17, 2012, concerning what it calls the “tenant-occupancy” economic methodology. On May 8, 2012, USCIS provided guidance on what deference it would give prior EB-5 adjudications that involved tenant-occupancy issues:
Please click here for the Guidance
Will I be able to file my R-1 petition using premium processing?
Premium Processing will be permitted only for those petitioners who have previously completed a successful on-site inspection at the location where the beneficiary will be employed.
If I do not file my petition using premium processing, how long will it be before I receive a decision from USCIS?
For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.
I will be completing my Bachelor's Degree in August 2013. Am I eligible to apply to submit my petition on April 1, 2013, for the 2014 H-1B quota?
All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65477-65478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26554]
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DEPARTMENT OF STATE
22 CFR Part 52
[Public Notice 8074]
RIN 1400-AD27
Repeal of Regulations on Marriages
AGENCY: Department of State.
ACTION: Final rule.
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The U.S. Department of Homeland Security has many avenues for the public to make complaints involving DHS employees or programs, alleged violations of civil rights and civil liberties, immigration filing, travel redress, and other types of grievances. This guide brings together information about these avenues.
Please check attachment.
Our client received an approved I-140 for EB-2, but, with the priority dates at a standstill, opted to file under EB-1 as well. She had three Ph.D.’s in Marketing and Management. We provided documentary evidence to show her unique specialty in the social sciences. This applicant had some significant publications but not as many of some other scientists. However, we were able to prove that, with social scientists, the data collection process takes substantially more time and, therefore, the volume of publications would not be the same as a hard scientist. We were able to show that sever
The applicant had a Ph.D. (Physics), Master of Science (Physics), Bachelor of Education, and Bachelor of Science and more than fourteen years’ research experience working for several world-renowned institutions. Her discipline was Biometeorology – Atmospheric Scientist. We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has her Ph.D.
I welcome this opportunity to thank the Law Office of Rajiv S Khanna and especially my direct contact Ms. Rena Waddell for her valuable time and the terrific job she has performed in getting me approved for the H1B within such a short period of time. The sheer promptness, professionalism and clockwork precision exhibited by Ms. Rena Waddell was excellent. The processing & paperwork was very prompt and it was hardly any time after my case was filed that I got a call from Ms. Waddell informing me of my approval.
Thanks once again Rena and expect to receive the same kind of treatment and professionalism from your office in future.
Hi! Rajiv ji and Suman Ji,
Wanted to share the good news with you. Also please let me know what the next step would be.
Thanks once again. Your are the best.
Regards
It's very nice to be back to the client's feedback section within a year. Do I need to mention that Rajiv & his team are the best in the business and we can not find a more considerate person than Savita at his office. I have no words to write my feelings of happiness working with Rajiv and professional team
I have a delayed birth registration certificate issued by municipal authority with place of birth: hospital name, city. My passport just got the city name as place of birth. Do I need to submit secondary evidence when I file I-485 because of delayed registration?
In many countries especially India, Pakistan, Bangladesh, it can happen that the birth occurred much earlier but the registration of the birth was done much later. Remember it was not the law that you have to register every birth, it was a voluntary action. So if a child was born in 1980 or 1970 you registered the birth in 2015 because that’s when you needed to get the green card. Now those are not acceptable registration. What you should do in those cases is get a letter from the municipal corporation, or local government, that says before this was registered there was no other registration. Like a non-availability before the registration. Along with that get two affidavits, from your parents or other people, who were alive when you were born, that will take care of it.
Secondary evidence becomes acceptable only when you can’t get non-availability from the municipal corporation and that’s a much more complicated area. I think you should get the non-availability.
I am holding a Canadian student visa, now is my second year in Canada. I was issued a B-1/B-2 visa last year. Then I was charged of Theft under $5000 this June, and the charge goes withdrawn-diversion in July. When I went to US Embassy for visa renewal this October, the officer asked my about the charge, and I answered honestly that I did it on purpose and I really regret my behavior. He rejected my class B visa, gave me a pink paper, which says the denial is under Section 214(b), which says that alien doesn't show strong ties with home country. After I carefully searched online resources, I found that my admission of the offence will make me inadmissible to enter US, as a moral turpitude. But the officer didn't say that I need waiver to enter US.
1. So my question is:
does this mean that their denial is not based on the Crime of Moral Turpitude, but I really didn't show strong ties? Or they just don't reject me explicitly with the real reason? I will marry a Canadian citizen next year so it would be a strong tie then. Or do you suggest me to apply for Waiver of Ground of Inadmissibility like I-106 whatsoever?
2. Another question is:
I got an offer of a big well-known US company for summer internship, and I need to apply for J1 Visa. How will the charge affect me J-1 application?
First of all, not every crime leads to serious consequences in USA. There are two kinds of crimes. Misdemeanours which are small crimes, punishment is typically less than a year and the other felonies where the punishment is a year or more, those are more serious crimes. In immigration law we look if the crime is of moral turpitude or not. If a crime is not of moral turpitude, I believe it has absolutely no consequences, unless it is a drug offence. Moral turpitude simply means that you are doing something, which reflects on your poor moral character.
The next step: is it misdemeanour or felony. If it is a felony, we almost certainly have a problem. It could lead to deportation, non-admission, and then you will need a waiver of some kind. Waivers are usually available for green card only for family based reasons. You cannot get a waiver just because you want to come to USA. So in an employment based case, and you have a felony conviction for moral turpitude crime you will not be able to come to USA.
Remember the rules are different for deportation, what is called removal and admission. So when you try to enter you could be subject to different laws, sometimes you think you are in USA and I am safe, because your lawyer told you are not going to be deported, but when you come back they won’t let you in and now you have to go back, the reason is the rules for admission are different. This is a very complex area of the law.
Question: What if I am convicted of misdemeanour involving moral turpitude?
First, how many misdemeanour convictions do you have. If you have multiple convictions, then that itself is ground for deportation removal as well as no admission. But if you have only one offence, a misdemeanour, and the actual punishment imposed was less than six months you are covered by something called petty offence exception. Which says we forgive you entirely as long as it was just a single misdemeanour.
The rules under immigration law and the rules under criminal law for conviction are very different. Sometimes you have a criminal defence counsel. He will tell you this is not a conviction. It may not be a conviction under criminal law but is a conviction under immigration law. Any kind of plea bargain you set up with the government where you are admitting directly that you committed the crime would be considered in all probability to be a conviction. So be careful when you discuss this with your immigration lawyer as well as criminal counsel.
Question: What is 212(d)(3) waiver?
Say if you got the kind of conviction where you cannot come back we can let you in on a temporary basis for a non-immigrant visa. 212(d)(3) applies only to non-immigrant visa and the situation has been a little uncertain, especially for Canadians. I think there is a certain timeframe where you can get it or for one visit you can get it.
Question: I am holding a Canadian student visa, now is my second year in Canada. I was issued a B-1/B-2 visa last year. Then I was charged of Theft under $5000 this June, and the charge goes withdrawn-diversion in July.
Normally diversion means some kind of a plea bargaining has been made.
Question: When I went to US Embassy for visa renewal this October, the officer asked my about the charge, and I answered honestly that I did it on purpose and I really regret my behaviour. He rejected my class B visa, gave me a pink paper, which says the denial is under Section 214(b), which says that alien doesn't show strong ties with home country. After I carefully searched online resources, I found that my admission of the offence will make me inadmissible to enter US, as a moral turpitude. But the officer didn't say that I need waiver to enter US. So does this mean that their denial is not based on the Crime of Moral Turpitude, but I really didn't show strong ties?
That is correct because they denied it based upon their inability to verify that you will come back.
Question: I will marry a Canadian citizen next year so it would be a strong tie then. Or do you suggest me to apply for Waiver of Ground of Inadmissibility like I-106 whatsoever?
Definitely that will make it a much stronger tie and you can try again. You might be covered by a petty offence exception.
Question: I got an offer of a big well-known US company for summer internship, and I need to apply for J1 Visa. How will the charge affect me J-1 application?
If you are covered by petty offence exception, then even J-1 is not affected but the 214(b) denial, affects your J-1. If you had a 214(b) denial, it will bar your entry for J-1, F-1, B-1, B-2. It will not bar your entry for H-1 or L-1. I suspect the officer realised you were covered by petty offence exception.
What is I-485 Pre-adjudicate/Pre-adjudication?
How soon must I join my future green card employer?
Situation -
I have my EB2 India PD as March, 2008. I applied for I-485 in Oct 2014 (Future based GC application). My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.
Question: What is I-485 Pre-adjudicate/Pre-adjudication?
You are at the last step of the green card process. Your priority dates became current, you filed the I-485, then the priority dates slipped back two years, at this time USCIS has two choices. They can either put your file in their filing cabinet and forget about the case, until the priority dates become current again. Or they can sit down and can say look we have time, let’s go over the case, adjudicate all the details, decide that the case is completely qualified to receive a green card, so we pre-adjudicate, decide that the person is entitled to get the green card. Make a note on the file. If you need some documents, we send an RFE get the documents so when the priority dates become current again all we have to do is issue the green card. That’s pre-adjudicate.
Question: How soon must I join my future green card employer?
There is really no rule of thumb. But within a commercially reasonable period of time. Three to four months maybe, after approval of the green card, you should join the future green card employer. In your particular case that appears to be a requirement sometimes it may not be a requirement because of AC21 and remember AC21 portability is available even in future employer green card cases.
Rajiv and his team were very swift and helpful in answering our questions related to some of the challenges we faced on non-immigrant and immigrant petitions filed through a different attorney. Rajiv is approachable and honest on what he can and cannot do.