Jacksonville Immigration Attorney Blog

USCIS has received Almost 20,000 H-1B's in one Month

Wed, 16 May 2012 12:48:30 -0500

USCIS has issued a news release on the current number of H-1B visas that it has received for the FY 2013. As of May 11, USCIS has received approximately 36,700.00 H-1B regular cap visa applications. This number does not include the Master's cap H-1B visas applications. Of those Master's cap H-1B visa petitions, USCIS has received 14,800 applications as of May 11, 2012.

USCIS received almost 20,000 H-1B applications in just one month. As of April 6, 2012, for example, USCIS had only received 17,400 H-1B cap visa applications at that time.
For the H-1B regular cap cases, there are approximately 28,300 H-1B visas still remaining, for a total of 65,000 regular cap H-1B visas allowed for FY 2013. For the H-1B Master's cap, there remains about 5,200 H-1B visas available, for a total of 20,000 master's cap H-1B visas allowed. As you can from above, the H-1B visas may well run out within a month or two, so be sure to apply sooner than later if you are eligible.

State Department Drastically Increasing Number of Visitor Visas from Brazil and China

Fri, 11 May 2012 12:50:21 -0500

Nationals of Brazil and China are recipients of a new policy enacted by the State Department that they are now welcome to visit the U.S. The State Department has enacted this new policy because it has realized that more visitors from China and Brazil mean more American jobs.

In Brazil, consular officers have issued 59 % more visitor visas this year than they did last year. This means that 555,000 visitor visas were issued during a period of time in the year of 2012, while only 350,000 visas were issued last year during the same period of time in Brazil. New Consulates were also opened in Belo Horizonte and Porto Alegre.

In China, the consular officers have issued 46 % more visitor visas than they did last year for the same amount of time. The State Department is now also considering adding Visa services in Wuhan, China.

In addition, the wait times for the application processed have also been drastically reduced. In Brazil, the wait times have been reduced to less than two weeks for their visa appointments. In China, the wait times have been reduced to five days (yes, 5 days) for an appointment at the U.S. Consulates in China.

The above is great news for Americans, since these tourists have money to spend at our local businesses, shops, restaurants, etc. We welcome this new policy.

DMV Updated Procedures

Tue, 01 May 2012 15:43:06 -0500

The Department of Motor Vehicles, also known as DMV, has issued an update as part of their Liaison meeting. There are some interesting tidbits of information in that meeting, as I am sure many people are interested to know the types of documents needed for obtaining a driver's license.

Administrative Closure or Termination of Removal Proceedings:

The DMV liaison minutes indicates that it will accept Immigration Judges' Orders for Administrative Closure or Termination of Removal Proceedings as "proof of status." Presumably this means that applicants that have an original Order from an Immigration Judge showing Administrative Closure or Termination of removal proceedings are now eligible for a driver's license. This appears to be new, as previously the DMV employee would have needed proof of an employment card before the license could be issued. There is no mention of an employment card requirement in the liaison minutes notes.

The above is important, as hopefully thousands of people have been recipients of administrative closure, and so these individuals can now apply and receive a driver's license from the DMV.

Cancellation of Removal Applicants:

Applicants for cancellation of removal, who are in removal proceedings, usually need to show an employment card to obtain a driver's license. If they have a reason for not obtaining an employment card, a system has been put into place where the DMV can be contacted to explain why the applicant for cancellation of removal does not have an employment card but should still be eligible for a driver's license.

Syrian TPS:

The DMV has indicated that they have updated their systems to note that Syrian nationals are now part of the TPS program.

WHITE USCIS Receipts:

The DMV now accepts white USCIS receipts (Form I-797) as official proof. The white receipts are a new form of receipt issued by USCIS. The original receipts were printed on colored quality stock paper with the USCIS emblem present all over the form I-797. Now, some of the receipts are printed on ordinary white paper. The DMV has adjusted their policy to accept these white receipts as original receipts.

New Filing Location for Appealing a Naturalization Denial

Wed, 25 Apr 2012 15:44:52 -0500

Until recently, if an applicant's naturalization petition was denied, he or she would be instructed to file the appeal with the USCIS office that made the Decision. Now, however, it appears that appeals of naturalization denials need to be filed with the USCIS lockbox in Phoenix, Arizona.

The USCIS denial letter should also contain an instruction as to where to file the appeal. All applicants only have thirty days to file the appeal, and so it becomes extremely important to file the appeal with the correct USCIS office in order to avoid missing the deadline.

Are Divorce Decrees required for VAWA Cases?

Wed, 18 Apr 2012 15:46:28 -0500

Recently the above issue was addressed by the USCIS District Office in Chicago, Illinois. Specifically, the issue is whether a VAWA applicant who was approved as a self-petitioner and is now filing an adjustment of status petition is required to have obtained a divorce from the abuser, before the adjustment of status petition can be approved by USCIS. In other words, if the applicant has obtained VAWA status (under Violence Against Women Act) and filed a petition based on the abuse he or she suffered at the hands of a U.S. citizen abuser, does that applicant have to divorce the abuser to qualify for a green card?

The clear answer provided by the USCIS District Office in Chicago, Illinois is that a divorce decree is NOT required. In fact, in some VAWA cases the applicant still lives with the abuser and remains eligible for VAWA status. At the USCIS District Office in Chicago, Illinois, an Officer had requested a divorce decree, and if none could be provided, then the applicant was told that he or she needed to obtain a divroce before the adjustment of status could be approved.

The above issue was addressed at the liaison meeting, and the conclusion was that the above Officer would review the case again since a divorce decree is NOT needed before the case can be approved. Also, while the above issue was discussed for the USCIS District Office in Chicago, Illinois, the general policy indicated above should be correct for all USCIS District Offices.

Syrian Nationals can Now File for TPS

Tue, 03 Apr 2012 12:37:16 -0500

The USCIS has released a notice that Syrian nationals may now apply for TPS starting on March 29, 2012 until the deadline of September 25, 2012. The notice initially stated that the deadline is September 30, 2013, but this is incorrect. USCIS has released a new notice that clarifies that the deadline is in September of 2012. It is a good idea to file sooner than later, given the confusion over the correct deadline.

Individuals who habitually resided in Syria and are without nationality are also eligible for TPS. All applicants must present proof of residence here in the U.S. on March 29, 2012. Applicants with a criminal record may not be eligible for TPS, so individuals who have a criminal record and wish to apply for TPS should seek legal counsel before filing for TPS.

Examples of other countries eligible for TPS include El Salvador, Sudan and South Sudan, Somalia, Honduras, Nicaragua and Haiti.

Estimates of the Number of Illegal Immigrants in the U.S.

Wed, 28 Mar 2012 13:17:28 -0500

The U.S. Department of Homeland Security has, through the Office of Immigration Statistics, issued its estimate of how many illegal immigrants are residing in the U.S. The report indicates that there are approximately 11.5 illegal immigrants residing in the U.S. during in January of 2011. The Report further estimates that more than half of these illegal immigrants entered the U.S. during the years of 1995 and 2004, and that since 2007, it is unlikely that the illegal U.S. population has significantly increased.

The Report indicates that since 2007, there is no real significant increase in the number of illegal immigrants due to the U.S. suffering from high unemployment and due to the economy in Mexico improving. The Report indicates that despite the greater levels of border enforcement, fewer apprehensions are taking place. The Report attributes the lower number of apprehensions at the U.S. border being due to lower demand for Mexican nationals to enter the U.S. for employment reasons.

The number of unauthorized immigrants in the U.S. has not always remained the same. In 1980, the number of illegal immigrants doubled from 2 million to 4 million in the U.S. This number jumped to over 8 million by the year of 2000. The numbers indicated above reflect an approximation of illegal immigrants, and not immigrants that have authorization to remain in the U.S.

I-601 Provisional Waiver Not Yet Available

Tue, 27 Mar 2012 14:52:39 -0500

Earlier this year, USCIS announced good news that it will allow certain applicants to file their I-601 waiver here in the U.S. and to therefore receive their decision, before they depart the U.S. A Form I-601 is a waiver needed by certain applicants that must be approved before he or she can receive a green card. The Form I-601 is needed in cases where there has been unlawful presence or illegal entry into the U.S., and therefore there is an unlawful presence bar against the applicant that needs to be waived.

Previously, applicants would need to depart from the U.S. and file the I-601 waiver request with a U.S. Embassy that has jurisdiction over their case. The problem of course is that the applicant has departed the U.S. and if the waiver is denied, he or she will be denied entry back into the U.S. Further, even if the I-601 is granted, the applicant has now been separated from his U.S. citizen relative(s) for a long period of time.

The USCIS has indicated that it will allow applicants to apply for the I-601 waiver here in the U.S. rather than requiring them to file the I-601 through an interview overseas with the U.S. Embassy that has jurisdiction over the case.

The USCIS has indicated that it will publish its rule and place into effect the provisional waiver program in the "...coming months." The provisional waiver is NOT yet available, and so USCIS has announced a news release that lets the public know to be careful and not hire immigration consultants that claim this waiver has been placed into effect.

In order for the waiver to be approved, the applicant must show through much documentation that the U.S. relative will suffer extreme and unusual hardship. This waiver is available for spouses, children, or parents of a U.S. citizen.

Great News for Syrian Nationals: TPS Designation soon available

Mon, 26 Mar 2012 12:57:27 -0500

USCIS has recently issued a notice that Syrian nationals will soon be eligible for TPS, which is an 18-month status that allows beneficiaries to receive employment authorization. TPS is short for "Temporary Protected Status" and is available for certain countries where there is national disaster or country conditions, etc.

The registration period has not yet opened, so we need to check www.uscis.gov for updates to determine when Syrian nationals can actually file for this relief.

Renewals of Visitor Visas in New Delhi, India

Sun, 25 Mar 2012 13:19:09 -0500

Applicants who previously were interviewed for a visitor visa, also known as B-1/B-2 visas, and who were granted these visas can now renew their visas without an interview. This is a new initiative that is being instituted at the U.S. Embassy in New Delhi, India.

This is a pilot program where the consular officers can waive an interview for worldwide non-immigrant applicants who are renewing their B1/B2 visas within 48 months of the expiration of the previously issued visa. Of course, consular officers are not obligated to waive interviews for all applicants; Consular officers still have the authority to require interviews for any applicant, in their discretion.

Example of Denied Naturalization Due to Lying to USCIS

Mon, 19 Mar 2012 13:11:38 -0500

A precedent case has just been released online that I found very interesting. This case was released in the Third Circuit, and is called Jose Gonzalez v. Secretary of Department of Homeland Security. It involves a case where an immigrant obtained his green card by filing based on his marriage to his U.S. citizen wife, and he was caught for lying to USCIS because he secretly had another life that he failed to mention to USCIS. The immigrant in the instant case had married his U.S. citizen spouse in the year of 1999. He then filed for his two year green card, which was approved, and then he filed his application to remove the conditions. On his application to obtain his permanent 10-year green card, he placed on his application that he did not have any children.

The USCIS approved the removal of his conditional residence, and he received his 10-year permanent green card on or about August of 2004. He then decided to file for divorce, and his divorce became final on or about March of 2005, so less than one year later.

Then Mr. Gonzalez filed for naturalization in December of 2006, and on his naturalization application he stated that he has two children, one born in 2000 and his second child born in 2001. Mr. Gonzalez also amended his children's birth certificates once he obtained his green card. He in fact had moved in with his children and the mother of his children soon after receiving his green card.

The USCIS denied his naturalization application, citing that he had lied to USCIS at the time of filing for the removal of his conditional status by stating at that time that he had no children. USCIS states that Mr. Gonzalez therefore failed to meet the requirement of good moral character, which is a requirement that all immigrants must meet in order to obtain naturalization in the U.S. His misrepresentations (i.e. lies) do not need to be material to cause an applicant to fail being a person of good moral character. One small irrelevant lie allows USCIS to find that a person lacks good moral character.

Mr. Gonzalez argued that he did not know that the two children were his children at the time he applied for his 10-year green card. He pointed to the fact that he later amended their birth certificates. The Court notes, however, that he was having relations with the mother around the time that the children were conceived. He gave her money and supported her in other ways; therefore he had sufficient knowledge that these children could be his biological children. The Court notes that he did not adopt these children, but rather he amended their birth certificates instead, further showing that he should have had knowledge that these were his children.

Where can Petitioners residing overseas file their Petitions?

Fri, 10 Feb 2012 14:15:56 -0500

This issue of whether a U.S. citizen spouse who resides outside the U.S. can file directly with the U.S. Embassy or Consulate seems to come up every so often, so I thought that I would do a "reminder" blog on the issue. I had blogged about this issue last year as well as it comes up often when discussing which venue is the best place to file petitions.

For petitioners who reside outside the U.S., they can file directly with the U.S. Embassy or Consulate ONLY IF USCIS has an "office" or public counter presence within the U.S. Embassy or Consulate. If USCIS does not have a public presence within that U.S. Embassy, then the Petition for Alien Relative must be filed at the same Chicago lockbox.

Please call USCIS at 1-800-375-5283 for the exact address of the Chicago lockbox for filing a Petition for Alien Relative. As of February 2012, the address is as follows:

USCIS
P.O. Box 804625
Chicago, Il 60680-4107

This address can change, and frequently does change, so please call or check other USCIS sources before filing your Petition for Alien Petition, should you decide to file a Petition without the use of an Immigration Attorney.

U.S. Embassy in Damascus, Syria is suspending Operations

Mon, 06 Feb 2012 14:31:28 -0500

While I have been expecting this news for some time now, the U.S. Embassy in Damascus, Syria has officially announced that it will be suspending its operations as of February 06, 2012. The announcement also indicates that all U.S. personnel have already left Syria.

The reason is, of course, the escalating violence now in Syria. The announcement indicates that the U.S. Embassy personnel reached out to the Syrian government regarding their concerns for their safety, and that according to the announcement the Syrian government did not "respond adequately."

With the cases that I am handling for Syrian nationals, many of these cases are now being transferred to the U.S. Embassy in Amman, Jordan for processing.

Do Fiancé's of U.S. Citizens Have to Apply for an Employment Card?

Fri, 03 Feb 2012 14:33:24 -0500

A Fiancé of a U.S. Citizen can obtain permission to enter the U.S. through a K-1 visa. Their children can enter the U.S. through a K-2 visa. Upon entry, most people that enter through a K-1 visa, otherwise known as Fiancée visa, want to immediately start working as soon as they find employment.

The question that I receive from many of my K-1 applicants or their spouse is whether they can start working upon their entry into the U.S. My answer is that they must first apply for an employment card. They can apply for an employment card, also known as EAD card, with USCIS. It takes anywhere from 30-90 days for that application to be approved and for the applicant to receive the employment card in the mail.

It is true that the USCIS regulations allow K-1's to engage in employment pursuant to their status of a K-1 visa. However, according to a recent Customs and Border Patrol (CBP) liaison meeting on or about November 09, 2011, CBP made it clear that, "a K1 must apply ...for an EAD."

In the past, CBP officers would write on the I-94 card that work was authorized, and this was often used by K-1's when they applied for work in the U.S. However, it appears that CBP has stopped this practice.

The bottom line is that K-1's must apply for an employment card and wait for the approval of that employment card before they start working in the U.S. Of course, once the K-1 marries the U.S. citizen and files his or her green card application, the employment card can be filed as a part of that application.

Is Administrative Closure the Same as Termination of Removal Proceedings?

Thu, 02 Feb 2012 15:04:18 -0500

For any applicants currently in Removal proceedings, they may have heard the above terms used interchangeably, but in fact they are two completely different forms of relief that an Immigration Judge(s) can grant. Termination of Removal Proceedings basically means that removal proceedings against an applicant are completed and no longer pending, i.e. open, against the applicant. This means that at least for the most current removal proceedings, the applicant was not ordered removed or deported from the U.S. The applicant's removal proceedings are considered completed, and the applicant is no longer in removal proceedings.

Administrative closure, on the other hand, simply means that the applicant's removal proceedings are being put on hold for the time being, and that they must be reopened in the future for the removal proceedings to be resolved. Through Administrative closure, the applicant's case is temporarily taken off the Court's calendar. The applicant still remains in removal proceedings.

In June and ongoing months in 2011, some Memorandums of law were released by Director J. Morton that set forth factors ICE should consider when determining if a case is eligible for prosecutorial discretion. If ICE agrees to apply prosecutorial discretion to a case, then that case will be administratively closed. In this way, that applicant will not be ordered removed and can also apply for an employment card while he or she is in the U.S.