John Q Khosravi Law Firm

Please contact our office for more information:

John Q. Khosravi Immigration Law Firm (JQK Law Firm)

Website: JQKLaw.com

Email: info@jqklaw.com

Phone: (310) 582-5904; (818) 934-1561

Skype: john.khosravi


Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Tuesday, November 29, 2016

EB-5 & Other USCIS Timelines For November 2016

For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904 or info@jqklaw.com


Form I-526 (Immigrant Petition by Alien Entrepreneur)
14.7 months (1.5 month decrease from previous month!)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 
23.8 months (.9 month increase from previous month!) 

Form I-924 (Application for Regional Center)
12.9 months (1 month increase from previous month)

Click here for other USCIS Processing times

John Khosravi Voted as one of the Top 40 Under 40 Immigration Lawyers in California for second year in a row


Monday, November 14, 2016

USCIS Revises Form I-9, Used for All New Hires in U.S.

From USCIS:

Changes are designed to reduce errors and enhance form completion using a computer
WASHINGTON -- U.S. Citizenship and Immigration Services (USCIS) today published a revised version of Form I-9, Employment Eligibility Verification.
By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, they can continue to use the version dated 03/08/2013 N or the new version. 
Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
Other changes include:
  • The addition of prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.
The instructions have been separated from the form, in line with other USCIS forms, and include specific instructions for completing each field.
The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers.
Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9.
For more information about USCIS and its programs, please visit uscis.gov or follow us on Twitter (@Everify), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon

Sunday, November 13, 2016

What Will Happen to the “Dreamers”?


Soon after Tuesday's election of President-Elect Donald Trump, a chorus of Immigrants realized the potential impact of this national decision on their lives and began frantically calling immigration attorneys across the United States for help. They are fearful for the future of their families and themselves. 

Although the future Chief Executive promised to charge ahead with the removal (deportation) of immigrants with criminal history, this approach isn’t necessarily new.  Rather, it would be a continuation of the current administrations record breaking removal practices.

However, the most devastating effects will be felt by a smaller group that had seen a glimmer of hope in President Obama and his enactments of several Immigration-related Executive Orders. The most recent Order expanding a previous decision was quashed in Federal Court, although the core of the program was left intact for the “Dreamers”: those without criminal history who had entered the U.S. before the age of 16. These people grew up "American" and without the ability to return to their country of origin, all the while living in the shadows of society without a Social Security Number or lawful permission to work and under the ever-present threat of removal. Moreover, most entered the with their parents and without any knowledge of what was occurring.

The Executive Action by President Obama gave these people the ability to work and a shield against removal. The program called "Differed Action for Childhood Arrivals", or "D.A.C.A.", granted this permission for 2-year intervals.

The new President-Elect, Trump, has promised that he would roll back the executive actions of the previous President. What would this mean for the Dreamers that will not be able to renew their status, but have already identified themselves to the government? One can only speculate at this time.

Immigration lawyers have been scrambling to figure out how to help their frenzied clientele. For most of these immigrants, there are no real options or help. If nothing is done, they will revert back to their status before being granted “D.A.C.A.” However, for some that have an immediate U.S. citizen relative (typically a spouse), there’s hope of obtaining lawful status (a Green Card) through that relative. Nonetheless, the road is difficult, long, expensive and far from certain. Two options exist, both of which can be easily altered by the new President:

1) Another one of President Obama’s executive actions known as a "Provisional Waiver" allows those whose only immigration violation was unlawful presence in the U.S., to obtain a waiver of this issue before going to the U.S. Embassy abroad for their Green Card interview. Previous to this, an applicant that had entered the U.S. unlawfully had to exit the U.S. to have their interview, then after an initial denial due to unlawful presence, they would file a waiver to overcome it. In some cases, this could take more than a year to be approved. The "Provisional waiver" allowed the applicant to wait in the U.S. until the approval is given, then go to the Embassy for the interview and avoid a long separation from their U.S. family, work and home. 

This method is costly and not guaranteed to succeed. Moreover, it still requires a nerve-wracking interview at the U.S. Embassy which sometimes ends with a full denial, leaving the immigrant stranded abroad.

2) A 2012 Board of Immigration Appeals interpretation of a legal fiction known as "Advance Parole" allowed permission for D.A.C.A. recipients to leave the U.S. and lawfully reenter without triggering any legal complications if they could show a business or humanitarian need for that trip. Once lawfully reentered into the U.S., the Dreamer could obtain a Green Card based on being an immediate relative of a U.S. Citizen.

This interpretation smoothened out the process and avoided the consular/embassy interview. However, the new Administration can challenge this interpretation more forcefully and DHS/USCIS Officers can be instructed as an internal policy matter to treat these cases differently or put them on hold until further guidance is given.

I have been advising clients for years to use the latter option, but many immigrants fear that they would not be permitted to return after leaving. They believe this option is “too good to be true.” The time to take advantage of this option may be drawing to a close and an avalanche of Dreamers are now requesting it. This will likely cause a backlog and increased scrutiny, causing some to miss out on this opportunity even though it is still available. 

The Dreamers are the people hardest affected by an immigration backlash in the U.S. They were raised in America and hardly know their country of origin. English is their first or primary language (and some do not even speak their mother country’s tongue). Moreover, they are not able to openly look for work which has led to abusive employment practices by some employers willing to hire them. They are afraid to go to the police, the courts and other authorities out of fear of being caught even after being victims of crimes. They are truly second class citizens in the freest country in the world.  Yet, they are some of the hardest-working people I have ever encountered.

My heart goes out to the people who are scared for their lives.  I strongly urge those affected to seek legal advice today as some of the currently available options may no longer exist in the near future.

Disclaimer: The JQK Law Firm is a full service immigration practice headquartered in Los Angeles, CA.  None of the Information provided above serve as Legal Advice nor do they create an Attorney-Client Relationships.  Please consult an attorney for help on your specific immigration matter.

THE U.S. GOVERNMENT WANTS TO READ TRAVELERS’ TWEETS BEFORE LETTING THEM IN

https://theintercept.com/2016/10/21/the-u-s-government-wants-to-read-travelers-tweets-before-letting-them-in/

Tuesday, November 8, 2016

USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs

From USCIS:

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice listing the eligible countries was published on Oct. 26, 2016 in the Federal Register. DHS reserves the right to add countries to the eligible countries list at any time, and to remove any country at any time DHS determines that a country fails to meet the requirements for continued designation.
The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS, however, may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.
Effective Jan. 18, 2017, nationals of the following countries are eligible to participate in the H‑2A and H-2B visa programs:
AndorraFijiMadagascarSlovakia
ArgentinaFinlandMaltaSlovenia
AustraliaFranceMoldova*Solomon Islands
AustriaGermanyMexicoSouth Africa
BarbadosGreeceMonacoSouth Korea
BelgiumGrenadaMontenegroSpain
BelizeGuatemalaNauruSt. Vincent and the Grenadines
BrazilHaitiThe NetherlandsSweden
BruneiHondurasNicaraguaSwitzerland
BulgariaHungaryNew ZealandTaiwan**
CanadaIcelandNorwayThailand
ChileIrelandPanamaTimor-Leste
ColombiaIsraelPapua New GuineaTonga
Costa RicaItalyPeruTurkey
CroatiaJamaicaThe PhilippinesTuvalu
Czech RepublicJapanPolandUkraine
DenmarkKiribatiPortugalUnited Kingdom
Dominican RepublicLatviaRomaniaUruguay
EcuadorLichtensteinSamoaVanuatu
El SalvadorLithuaniaSan Marino
EstoniaLuxembourgSerbia
EthiopiaMacedoniaSingapore
*Moldova is designated to participate in the H-2A program, but it is not eligible to participate in the H-2B program.
** With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.
This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from Jan. 18, 2017.
For more information on these programs, see the H-2A Temporary Agricultural Workers page and the H-2B Temporary Non-Agricultural Workers page.

Monday, November 7, 2016

USCIS Message: USCIS Translates EB-5 Customer Support Page into Simplified Chinese

From USCIS:

USCIS Message: USCIS Translates EB-5 Customer Support Page into Simplified Chinese
Dear Stakeholder,
U.S. Citizenship and Immigration Services (USCIS) has translated the Immigrant Investor Program’s EB-5 Customer Support page into Simplified Chinese. The page includes links to information about specific topics, such as EB-5 policy memoranda, how to check your case status online and how to submit a case-specific inquiry. 
Sincerely,
USCIS Public Engagement


尊敬的利益相关人士,

美国公民及移民服务局(USCIS)已将投资移民项目(EB-5)的客户服务网页译成简体中文。
该网页针对一些具体议题提供了相关信息的网页链接。 例如,投资移民项目的政策备忘录,如何在网上查询您的案件的进展状况,以及如何就具体案件提出查询。

此致,

美国公民及移民服务局公众关系部

Disbarred Immigration Lawyer Hit With 16 Felony Counts

http://www.centralvalleybusinesstimes.com/stories/001/?ID=31535

Wednesday, November 2, 2016

USCIS Message: Policy Manual Update: Definition of Certain Classes of Medical Conditions and Other Updates Relating to Health-Related Grounds of Inadmissibility

The USCIS Policy Manual has been updated to provide guidance regarding health-related grounds of inadmissibility in accordance with the U.S. Department of Health and Human Services rulemaking updating Title 42 of the Code of Federal Regulations, part 34 (42 CFR 34).  Volume 8, Part B: Definition of Certain Classes of Medical Conditions and Other Updates Relating to Health-Related Grounds of Inadmissibility is effective on November 2, 2016. The Policy Alert is available here:
This guidance will be posted on the Policy Manual for Comment page for stakeholder review and comment.

Tuesday, November 1, 2016

USCIS to Centralize Processing of Special Immigrant Juvenile Cases

From USCIS:

Starting on November 1, 2016, USCIS will centralize the Special Immigrant Juvenile (SIJ) program. This means SIJ-based Form I-360 petitions and Form I-485 applications will primarily be adjudicated at one location, the National Benefits Center (NBC). USCIS will retain discretion to require in-person interviews at local field offices to complete adjudications as needed.

SIJ based petitions and applications filed before November 1, 2016 will continue to be adjudicated by the field office that has jurisdiction.

The current filing procedures will remain unchanged. Petitioners should continue to follow the filing instructions provided for Forms I-360 and I-485.

For inquiries related to SIJ based petitions and applications pending at the NBC, applicants and G-28 representatives may contact the NBC at NBCSIJ@USCIS.DHS.GOV.