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.

Friday, July 21, 2017

What Is Administrative Processing And What Can I Do About it?

Immigration Question of the Day: What Is Administrative Processing And What Can I Do About it? 

Consult with an Attorney. Attorney Advertising.

#Immigration #AdministrativeProcessing


Wednesday, July 19, 2017

I had a Proxy Marriage: How can I get a Dependent Non-Immigrant Visa for my Spouse?

Immigration Question of the Day: I had a Proxy Marriage: How can I get a Dependent
Non-Immigrant Visa for my Spouse?

Consult with an Attorney. Attorney Advertisement.


I-94 Arrival/Departure Info Now Available Online for Air and Sea Travelers

https://www.cbp.gov/travel/international-visitors/i-94-instructions

Charlie Gard is given legal permanent residence in US by Congress so 'he can fly to the States for world class treatment'

http://www.dailymail.co.uk/news/article-4709122/US-expert-fails-Charlie-s-doctors-reconsider.html

USCIS Returns Unselected Fiscal Year 2018 H-1B Cap-Subject Petitions

From USCIS:

USCIS announced on July 19, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.  USCIS previously announced on May 3, that it completed data entry of all selected cap-subject petitions. 



If you submitted an H-1B cap-subject petition between April 3 and April 7, 2017 and have not received a receipt notice or a returned petition by July 31, you may contact USCIS for assistance.
 

Monday, July 17, 2017

Can a Green Card Holder Petition for a Fiancé's Green Card?


Immigration Lawyers' Podcast 49

For Immigration Lawyers: Podcast Episode 49, Weekly Recap of July 10-16, 2017
Travel Bans and Reversed Denials, TPS, F-1 Changes, CBP and the Cloud, Exit Biometrics, Parole, Stokes in Boston, Step-Child Petitions, Proxy Marriages, Growing Your Law Practice.

Not legal advice. Consult with An Attorney.


DHS Provides Relief to American Businesses in Danger of Suffering Irreparable Harm

From USCIS:

Additional Visas for Temporary Workers Provided Until End of Current Fiscal Year
WASHINGTON — U.S. businesses in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers will be able to hire up to 15,000 additional temporary nonagricultural workers under the H-2B program under a final rule that the Departments of Homeland Security and Labor submitted to the Federal Register today. To qualify for the additional visas, petitioners must attest, under penalty of perjury, that their business is likely to suffer irreparable harm if it cannot employ H-2B nonimmigrant workers during fiscal year (FY) 2017.
After consulting with Secretary of Labor Alexander Acosta, Secretary of Homeland Security John Kelly determined there are not enough qualified and willing U.S. workers available to perform temporary nonagricultural labor to satisfy the needs of some American businesses in FY 2017.
“Congress gave me the discretionary authority to provide temporary relief to American businesses in danger of suffering irreparable harm due to a lack of available temporary workers,” said DHS Secretary John Kelly. “As a demonstration of the Administration’s commitment to supporting American businesses, DHS is providing this one-time increase to the congressionally set annual cap.”
The H-2B Temporary Nonagricultural Worker program was designed to serve U.S. businesses unable to find a sufficient number of qualified U.S. workers to perform nonagricultural work of a temporary nature. Congress set the annual H-2B cap at 66,000. A maximum of 33,000 H-2B visas are available during the first half of the fiscal year, and the remainder, including any unused H-2B visas, is available starting April 1 through September 30. On March 13, 2017, USCIS received sufficient H-2B petitions to meet the full FY 2017 statutory cap of 66,000. In May, Congress delegated its authority to the Secretary to increase the number of temporary nonagricultural work visas available to U.S. employers through September 30. The Secretary took the intervening time to consult with the Secretary of Labor on the issue and to properly develop this rule in accordance with Congressional requirements.
Starting this week, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker and must submit a supplemental attestation on Form ETA 9142-B-CAA with their petition. A new tip line to report general H-2B abuse and employer violations has also been established.
Details on eligibility and filing requirements are available in the final rule and on the One-Time Increase in H-2B Nonimmigrant Visas for FY 2017. This page also includes information on how individuals can report abuse in the program.
If members of the public have information that a participating employer may be abusing this program, DHS invites them to submit information to ReportH2BAbuse@uscis.dhs.gov


For more information on USCIS and its programs, please visit www.uscis.gov or follow on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

Revised Form I-9 Now Available

From USCIS:

USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.


Revisions to the Form I-9 instructions:

 
  • We changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • We removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

  • We added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • We combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • We renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.
We included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate. 

DHS to Examine Criminal Histories Before Extending Protected Status

http://www.nbcnews.com/news/us-news/dhs-examine-criminal-histories-extending-protected-status-n783111#ampshare=http://www.nbcnews.com/news/us-news/dhs-examine-criminal-histories-extending-protected-status-n783111

Saturday, July 15, 2017

Can a Step-Parent Petition for their Step-Child's Green Card?

Immigration Question of the Day: Can a Step-Parent Petition for their Step-Child's Green Card?

Consult with an Attorney. Attorney Advertisement.


Tuesday, July 11, 2017

What Happens When My F-2B Parent Petitioner Becomes A U.S. Citizen? [How to Keep My Priority Date]

Immigration Question of the Day: [How to Keep My Priority Date]/What Happens When My F-2B Parent Petitioner Becomes A U.S. Citizen?


Consult with an Attorney. Legal Advertisement.


Immigration Lawyers' Podcast, Episode 48


Episode 48 - Travel Ban's Public Support, State Dept. Survey, TNs Regs., Prima Facie Software, Healthcare for Immigration Lawyers, Pet Peeves, Book Review: Turn a Negative Into a Positive, Pricing Your Practice Right,  ABA Journal Blawg & More (July 3-9, 2017)

Overseas students would face close scrutiny under proposal floated at DHS

https://www.washingtonpost.com/amphtml/local/overseas-students-would-face-close-scrutiny-under-proposal-floated-at-dhs/2017/07/10/393b5cc0-6282-11e7-a4f7-af34fc1d9d39_story.html

Thursday, July 6, 2017

Coming, not going: Immigrant visa overstays on the rise

https://www-philly-com.cdn.ampproject.org/c/www.philly.com/philly/news/pennsylvania/coming-not-going-immigrant-visa-overstays-on-the-rise-20170611.html?amphtml=y

9th Circuit judges: Minors who enter U.S. illegally may not be confined without court hearings

https://www-latimes-com.cdn.ampproject.org/c/www.latimes.com/local/lanow/la-me-ln-minor-immigrants-9th-circuit-20170705-story,amp.html

Senators Ask DHS To Pause Planned EB-5 Changes

https://www.law360.com/articles/940967/senators-ask-dhs-to-pause-planned-eb-5-changes

Trump's Call For 'Heightened Vetting' May Be Affecting International Artists, Lawyers Say

http://www.wbur.org/artery/2017/07/03/artist-visas

Most American voters support limited travel ban: poll

http://mobile.reuters.com/article/idUSKBN19Q2FW

President Trump Rescinds Obama-Era Goal to Speed Visa Processing

http://lawandborder.com/trump-rescinds-obama-goal-to-speed-visa-processing/

Firm commissioned by Tillerson recommends that DHS issue U.S. visas

http://mobile.reuters.com/article/idUSKBN19Q324

Sunday, July 2, 2017

EB-5 & Other USCIS Timelines For June 2017

For more information about the EB-5 program, please contact the JQK Law Firm

(310) 582-5904 or info@jqklaw.com


Form I-526 (Immigrant Petition by Alien Entrepreneur)
Processing cases as of 10/21/2015

Form I-829 (Petition by Entrepreneur to Remove Conditions) 
Processing cases as of 11/22/2014

Form I-924 (Application for Regional Center)
Processing cases as of 10/12/2015

Click here for other USCIS Processing times

July 2017 Visa Bulletin

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-july-2017.html

Saturday, July 1, 2017

ICE agent questions Decatur resident in driveway

http://www.decaturish.com/2017/06/ice-agent-questions-decatur-resident-in-driveway/

Form I-485 Updated (Vidoe)



  • Specifically asks for the Applicant's parents current and previous names
  • Asks to list all the names used by the Applicant
  • Much more detailed immigration and security questions
  • 18 pages (used to be 6)
  • Still requires 2 passport photos

8 Notes on the Executive Order (State Department's Interpretation of the Supreme Court decision)


Feds will now target relatives who smuggled in children

https://apnews.com/291d565801984005886f5a22c800fee6

Denied: Afghanistan's All-Girl Robotics Team Can't Get Visas To The US

https://www.forbes.com/sites/hilarybrueck/2017/06/29/denied-afghanistans-all-girl-robotics-team-cant-get-visas-to-the-u-s/amp/

DOS: Information Regarding the U.S. Refugee Admissions Program

https://www.state.gov/j/prm/releases/factsheets/2017/272316.htm

Wednesday, June 28, 2017

Immigration Lawyers Podcast Episode 46


ILP Episode 45


Updated USCIS FOrms

From USCIS:

Good afternoon,
We recently updated the following forms:
For more information, please visit our Forms Updates page.

Monday, June 26, 2017

USCIS Introduces Redesigned Form for Green Card Applicants

From USCIS:

Today we published the following news release, available here on our website.
WASHINGTON - U.S. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and stakeholders.
The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and isntructions that are relevant to the applicants’ specific situations. These updates should increase the efficiency of the adjudication process by reducing errors and requests for evidence.
Applicants living in the United States file Form I-485 to adjust their immigration status and become lawful permanent residents, which allows one to live and work permanently in the United States.  Adjusting status is a critical step for those seeking U.S. citizenship.
USCIS also revised the Form I-485 Supplement A and Form I-485 Supplement J (as well as each supplement’s instructions), to provide applicants with more detailed information about how to properly complete, file, and submit evidence if those supplements are applicable to their situation.
Beginning today, there will be a 60-day grace period during which USCIS will accept both the  01/17/17 and 06/26/17editions of Form I-485 and Supplement A and J. Beginning Aug. 25, USCIS will only accept the revised Form and Supplement A and J of Form I-485 and will no longer accept earlier versions of either form.
What’s New? USCIS improved Form I-485 to include:
  • Better flow and organization of questions to make it user-friendly for both the applicants and USCIS. In addition, readability has significantly improved due to new spacing, columns, flow, white space, and formatting.
  • The questions about biographic information (Form G-325A) so applicants will no longer need to file a separate form;
  • A list of 27 immigrant categories, which allows applicants to identify the specific immigrant category under which they are applying; and
  • A comprehensive, updated list of admissibility-related questions. The added questions to ensure USCIS officers have the necessary information to better assess the applicant’s admissibility and eligibility.
What Remains the Same
While both Form I-485 and its instructions may look different from earlier versions, the process for filing Form I-485 and Form I-485 Supplement A and Form I-485 Supplement J remains the same. Applicants must still submit their paper applications to the location listed in the form instructions.
Further information
Visit the Form I-485, Application to Register Permanent Residence or Adjust Status  page and the Form I-485 Supplement A page for further information about the new forms and instructions.
Applicants can visit the USCIS Green Card Eligibility Categories page for information on eligibility requirements for each immigrant category.
All USCIS forms are free on our website at www.uscis.gov/forms.
For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis). 

Friday, June 23, 2017

Form N-400, Application for Naturalization - Filing Locations Updated on Website

Dear Customers,



We have updated the N-400 filing locations on our website's N-400 page under the Where to File section to correct an error. If you properly filed an application from June 12-23 to the locations that were previously listed on this page, the processing of your application will not be affected. See a list of the updated filing locations at uscis.gov/n-400.

USCIS to Resume H-1B Premium Processing for Physicians under the Conrad 30 Waiver Program

From USCIS:

WASHINGTON — U.S. Citizenship and Immigration Services announced today that starting Monday, June 26, the agency will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver program, as well as interested government agency waivers. The Conrad 30 program allows certain medical doctors to stay in the United States on a temporary visa after completing their medical training to work in rural and urban areas that have shortage of physicians.
“This program improves health care access for Americans living in underserved areas, and we are pleased to resume premium processing for these petitions,” said USCIS Acting Director James McCament.
Starting June 26, eligible petitioners for medical doctors seeking H-1B status under the Conrad 30 program, or through an interested government agency waiver, can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.   
USCIS plans to resume premium processing of other H-1B petitions as workloads permit. We will make additional announcements with specific details related to when we will begin accepting premium processing for those petitions.   
Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907 filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I‑129 fees, USCIS will have to reject both forms.
For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

High Court Rules For Immigrant In Case Over Bad Atty

https://www.law360.com/immigration/articles/926691/breaking-high-court-rules-for-immigrant-in-case-over-bad-atty-advice?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Justices Say Citizenship Can't Be Lost For Immaterial Lies

https://www.law360.com/immigration/articles/931141/breaking-justices-say-citizenship-can-t-be-lost-for-immaterial-lies?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Wednesday, June 21, 2017

USCIS Form G-1145 Update Notice

Good afternoon,
We recently updated the following form:
For more information, please visit our Forms Updates page.

Wednesday, June 14, 2017

USCIS EB-5 Policy Manual Update

The USCIS Policy Manual has been updated to provide further guidance regarding the job creation and capital at risk requirements for Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. Volume 6 (Immigrants), Part G: Investors is effective on June 14, 2017. The Policy Alert is available here: 
• Volume 6 (Immigrants), Part G: Investors (Final date for comments: June 28, 2017)
A summary of new and updated policies for comment is available on the Policy Manual for Comment page.


USCIS Civics Test Study Tools Mobile App

From USCIS:

Our app, “USCIS: Civics Test Study Tools,” is now available on the iTunes and Google Play app stores. The app helps you prepare for the civics test during the naturalization interview. It also has a game to challenge your civics knowledge, reminder notifications, and review of past tests. You can also switch between English and Spanish.
Be sure you get our official app! Follow the links above or search for “USCIS" or "USCIS civics.” Then, check that USCIS is the developer.

Tuesday, June 13, 2017

Forms Updates I-508 & I-508F

From USCIS:


Forms Updates | USCIS

June 13, 2017

Update to Form I-508F, Request for Waiver of Rights, Privileges, Exemptions, and Immunities for French Nationals
New edition dated 05/26/17. Starting 08/14/2017, we will only accept the 05/26/17 edition. Until then, you can use the 03/31/15 edition.

Update to Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities
New edition dated 05/26/17. Starting 08/14/2017, we will only accept the 05/26/17 edition. Until then, you can use the 03/31/15 edition.
 
For more information visit our Forms Updates page