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I-130 and I-485 approval for the second husband of a green card holder, who obtained her own green card through marriage
In this case, the petitioning green card holder filed forms I-130 and I-485 for her second husband, whom she had been married to for less than five years since obtaining her lawful permanent resident status based on her first marriage, which was to a U.S. citizen. That marriage ended in a divorce.
Agency
Green Card
Guestbook Entry for Samik Banerjee, United States
Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
Guestbook Entry for Erfan Mohammed, United States
Guestbook Entry for Vlad, United States
Guestbook Entry for Dilip Jeyram, United States
Guestbook Entry for Lokesh Bajaj, United States
I-140 Approved following Intent to Deny and Request for Evidence
The following two cases demonstrate how USCIS, an "expert" agency, can misread immigration forms, causing unnecessary anxiety and expense for people.
Green Card
Immigration Law
Guestbook Entry for sreedhar seethina, United States
Audit and Supervised Recruitment Tiers for PERM Applicatons
The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment. The criterions are detailed and labeled below as tiers one, two four, five, seven, eight, eleven and twelve.
For more information click on the attachment
Reversal on appeal of I-140 revocation
We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
Legality of “roving jobs,” consulting positions that require periodic relocation.
Profession/Occupation
Debarment for not responding to PERM audit
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.