Our office was retained to file a B-1/B-2 extension on behalf of a 34-year old male who was diagnosed with autism and requires ongoing supervision and monitoring. He is dependent on his mother, a permanent resident of the US, who is his legal guardian and only source of care. His father is a resident of Botswana. Botswana regulations do not make provisions for a child above the age of 21 to reside in the country as a dependent. Even in the US, regulations do not consider children over the age of 21 to be dependents of their parents.
The main applicant and his wife filed their I-485 petitions together. At the time of filing, the wife was pregnant.
This policy memorandum (PM) amends Chapter 21.1 of the Adjudicator’s Field Manual (AFM) to ensure consistent adjudication of parole requests made on behalf of aliens who are present without admission or parole and who are spouses, children and parents of those serving on active duty in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or who previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve.
For more details on this memo please click the attachment
What is Administrative Processing?
Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Applicants are advised of this requirement when they apply.
On October 23, 2013, the USCIS Service Center Operations Directorate hosted an engagement with AILA representatives. USCIS addressed questions related to DOMA, provisional waivers and TPS grantee applications among several other topics.
The attached information provides a review of the questions solicited by AILA and the responses provided by USCIS.
What is consular processing?
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.
This policy memorandum (PM) provides guidance for properly assigning priority dates in those instances where a petitioner requests that the priority date from a separate, previously filed petition, be applied to a later filed family-based second-preference “B” petition (F2B) or seeks adjustment of status in the F2B category, based upon an originally-filed family-based second-preference “A” petition (F2A) pursuant to Public Law 107-208, the Child Status Protection Act (CSPA).
I think it will be different with each people. In my case, all three times were different.
The officer usually did a small talk with me while going to the room from the hall asking me about the weather and other information which was not listed in application from my previous state where I lived and how I liked it here. IMO, I took that in good and bad way. Good way in the sense, that he wanted me to feel comfortable and bad way, like as if he is saying, I already know everything about you. So, its a mixed bag.
[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69538-69539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27685]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB66
Attestation Process for Employers Using F-1 Students in Off-
Campus Work
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB65
Labor Certification Process for Logging Employment and Non-H-2A
Agricultural Employment
This week I went for my oath ceremony and I am now officially a US Citizen.
The process was very smooth overall.
My only beef is that for the interview I had to go to Holtsville and for the oath I had to go to Central Islip. I live in Queens and I don't drive so getting to those places was a major issue.
Here's my N400 timetable:
Queens/NY
5 years rule
To start with Rajiv is a great guy. I had talked to our corporate lawyers on bringing my wife back with me to the US as the spouse of an American citizen... The options given to me were vague that I was considering declining the job and staying out the US. Rajiv looked at my case, understood our need not to separated and gave me advice on how to tackle the matter. Though the information on the options was still the same, he has an amazing way of explaining the options in ways you can understand and act on. I would recommend him to anyone looking for an immigration visa.
What is an EAD?
What is an EAD?
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.
Why does my new EAD look different than my prior one?
According to The Indian Express on Comprehensive Reform:
Obama cites Indian-American to push for immigration reform
US President Barack Obama has cited an Indian-American woman entrepreneur in the Silicon Valley after she got a green card following over 12 years of agonising wait to push for a comprehensive immigration reform that would attract best talents from across the globe.
Can we apply for indefinite H-1 extensions( on yearly basis) based on PERM appeal as long as your case is still in appeal?
As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.
Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.
Published by: The Economic Times: March 30, 2023
https://economictimes.indiatimes.com/tech/technology/us-court-dismisses…
Quotes and Excerpts from Rajiv in the article:
The challenge to the validity of H-4 EAD program was dismissed by court. #immigration #H4EAD
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.
Release Date
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.
I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)
This is a pertinent question. I don't think you should go for visa stamping if you have been laid off. If you do go, you should make it clear to the consulate that you have been laid off. However, under the law, you have a 60-day grace period during which you intend to apply for another job. I don't think it's going to work like that. I don't remember the details of the regulation off the top of my head, but I think there might be some restrictions against travel.
An offer letter is not good enough just to get the H-1B approval. Then, I don't think there's a problem with traveling.
I have worked with Mr. Khanna and his staff on H-1B and green card applications for a few of my employees over the last 4 years. Never having done this before previously and with very limited knowledge of the immigration arena, I have found all of the staff members to be extremely helpful! There is never a time where I can't ask questions or seek guidance. Communication is very important and they never dissapear on me. Rather than it feeling like a client-lawyer relationship, I feel like it is more of a partnership. They are here to make the process smooth and as painless as possible. I would recommend their services to anyone who is in need, whether it be an individual or an employer.