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BALCA Appeal Leads to Voluntary PERM Certification by CO

15 years ago By Rajiv S. Khanna

In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”).  The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker.  We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency.  The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure.  The CO appears to have agreed with us and has withdrawn denial and certified our case. 

Agency

Green Card

U.S. Embassy Mexico Announces New Visa Procedures

15 years ago By Editor

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates. 

USCIS Reminds Haitians to Register for Temporary Protected Status

14 years ago By Editor

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.

Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.

FY 2011 H-1B Cap Count (as of December 17, 2010)

14 years ago By Editor

 

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

USCIS Assists in Investigation Leading to Conviction of Indian Citizen for Submitting Fraudulent Immigration Application

7 months ago By Chief Editor

Release Date 

05/05/2025

BURLINGTON, Vt. – U.S. Citizenship and Immigration Services provided valuable assistance to the investigation that led to the conviction of an Indian citizen for submitting a fraudulent immigration application.

Recording for May 01, 2025, Conference Call with Rajiv S. Khanna

7 months ago By Chief Editor

Agency

Nonimmigrant Visas

Immigration Law

Green Card

FAQs:

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application? || Immigration impact of past omission or errors in Form DS-160 or other government forms || Immigration impact of prior dismissed Domestic Violence case ||



Visa Bulletin For June 2025

6 months ago By Chief Editor

Number 3

Volume XI

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during June 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.

Agency

Green Card

Immigration Law

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?

7 months ago By Chief Editor
Question details

I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?

Related FAQs:

FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.

I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.

When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.

I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?

For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?

NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?

FAQ: Immigration impact of prior dismissed Domestic Violence case

I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?

Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.

 

FAQ Transcript

Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:

  • Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
  • Work visas (H, L, E): These are less likely to be affected by minor past incidents.
  • Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
  • Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.

Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:

  • Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
  • Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.

Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.

 

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