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.

Sunday, January 29, 2017

Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States

Release Date: 
January 29, 2017
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
WASHINGTON – In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.
Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.
# # #

https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-staes

DEPARTMENT OF HOMELAND SECURITY RESPONSE TO RECENT LITIGATION

From USCIS:

The Department of Homeland Security will continue to enforce all of the president’s Executive Orders in a manner that ensures the safety and security of the American people. The president’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. The president’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States. 

The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement the president’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.
For the latest news about the department of Homeland Security, visit http://DHS.gov/news .

Thursday, January 19, 2017

USCIS Workload Transfer and Filing Location Updates

From USCIS:

Dear stakeholder,
On December 19, 2016, USCIS began sending some cases between service centers in order to balance workloads and also changed the direct filing address for certain Form I-140 cases requesting premium processing.
 Workload Transfers
We have updated our Workload Transfer Updates page with this information:
  • Some Forms I-765, Application for Employment Authorization, filed by applicants with a pending asylum application went from the Nebraska Service Center and the Texas Service Center to the Potomac Service Center.  
New Direct Filing Address for Certain Form I-140 Petitions
We are changing the direct filing address for Form I-140 cases requesting premium processing with a worksite location in any of the following states:
  • Maryland
  • New Jersey
  • Pennsylvania
  • Tennessee
Starting January 19, 2017, you must file your Form I-140 and Form I-907, Request for Premium Processing, at the addresses listed below:
The beneficiary will work in…
For U.S. Postal Service (USPS) First-Class and Priority Mail Express deliveries
For overnight/courier deliveries (non-USPS)USPS
Maryland, New Jersey, or Pennsylvania
Premium Processing
USCIS Texas Service Center
P.O. Box 279030
Dallas, TX 75227-9030
Premium Processing
USCIS Texas Service Center
4141 N Saint  Augustine Dr.
Dallas, TX 75227-4818
Tennessee
Premium Processing
USCIS Nebraska Service Center  
P.O. Box 87103    
Lincoln, NE 68501-7103  
Premium Processing
USCIS Nebraska Service Center
850 S. Street
Lincoln, NE 68508
You can find all direct filing addresses for Form I-140 on our Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker page on our website.

New USCIS Policy Memo: Change of Gender

From USCIS

The following Immigration Policy Memorandum is now available on the Policy Memoranda section of the USCIS website:
For more immigration and policy information, visit www.uscis.gov.

Update to Form I-914, Application for T Nonimmigrant Status

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):
01/19/2017 03:08 PM EST

New edition dated 01/18/17.  Starting 03/20/17, USCIS will only accept the 01/18/17 edition. Until then, you can use previous editions dated 07/29/14, 5/04/12, 02/01/11, and 03/30/09.
For more information, please visit our Forms Updates page.

USCIS Message: New DHS Outreach Strategy on Female Genital Mutilation or Cutting

From USCIS:

Dear Stakeholder,
The following outreach strategy is now available on the Female Genital Mutilation or Cutting (FGM/C) section of the USCIS website:
USCIS is pleased to share the Department of Homeland Security’s (DHS’s) newly created outreach strategy for Female Genital Mutilation or Cutting (FGM/C), drafted as a project of the DHS Council on Combatting Violence Against Women. The strategy reflects DHS’ commitment to broaden and enhance the work already underway to end the harmful traditional practice of FGM/C in the United States. The strategy describes both the general approach and specific future actions that DHS plans to take over time toward its goal of educating and reaching key stakeholders in the United States with relevant information about FGM/C.

FGM/C is gender-based violence and a serious human rights abuse. When done to children, FGM/C is also child abuse. It has no health benefits and can lead to a range of physical and mental health problems. This harmful traditional practice continues to negatively affect millions of women and girls around the world, including in the United States. In accordance with the U.S. government’s position on FGM/C, DHS opposes FGM/C, no matter the type, degree, or severity, and no matter what the motivation for performing it. DHS currently works closely with its interagency partners to end FGM/C and is committed to expanding its existing efforts to raise awareness of the harm caused by FGM/C, the U.S. laws prohibiting the practice, and the assistance available to women and girls who have undergone or are at risk of FGM/C.

The release of the DHS FGM/C Outreach Strategy fulfills the Government Accountability Office’s recommendation (GAO-16-645: Published: Jun 30, 2016) for DHS to develop a written plan that describes the agency's approach for conducting education and outreach to key stakeholders in the United States regarding FGM/C, and to communicate that plan to stakeholders.

USCIS Forms Update Notice

From USCIS:

We recently updated the following USCIS form(s):

Wednesday, January 18, 2017

New USCIS Policy Memo on Interpreters for Interview (Field Offices)

From USCIS:

The following Immigration Policy memorandum is now available in the Policy Memoranda section of the USCIS website:
For more immigration and policy information, visit https://www.uscis.dhs.gov

Washington Post: U.S. border officials are illegally turning away asylum seekers, critics say

https://www.washingtonpost.com/world/the_americas/us-border-officials-are-illegally-turning-away-asylum-seekers-critics-say/2017/01/16/f7f5c54a-c6d0-11e6-acda-59924caa2450_story.html?utm_term=.c85c6d5b668e

USCIS Message: Redesigned Form Series I-797 and Form I-512L

From USCIS:

Dear Stakeholder,

U.S. Citizenship and Immigration Services (USCIS) has redesigned Form Series I-797 (including Form I-797, Notice of Action, Form I-797A, Notice of Action, Form I-797B, Notice of Action, and Form I-797F, Transportation Letter) and Form I-512L, Authorization for Parole of an Alien into the United States. Form I-797C, Notice of Action, is a non-secure form and is not part of this enhancement effort.

The redesign includes enhanced security features to help deter fraud and a unique color in the notice header for each form type.

The new versions of these forms will have a revision date of 08/01/16 in the lower right corner, but previously issued letters and notices are still valid.

USCIS anticipates that the redesigned forms will begin being used as follows:
  • January/February 2017
  • Form I-797A, Notice of Action
  • Form I-797F, Transportation Letter

  • July 2017
  • Form I-797, Notice of Action

  • December 2017
  • Form I-512L, Authorization for Parole of an Alien Into the United States

  • November 2017
  • Form I-797B, Notice of Action

Kind Regards,
USCIS Public Engagement Division

Tuesday, January 17, 2017

USCIS Update to I-485 Supplement A

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):
01/17/2017 02:55 PM EST

New edition dated 01/17/17. Starting 02/21/17, USCIS will only accept the 01/17/17edition. Until then, you can use previous editions.
For more information, please visit our Forms Updates page.

DHS Publishes Final International Entrepreneur Rule

From USCIS:

The Department of Homeland Security (DHS) today published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve our nation’s economy through increased capital spending, innovation and job creation.
Under this final rule, DHS may use its "parole" authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation. The new rule is effective July 17, 2017, which is 180 days after its publication in the Federal Register.

DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually. Eligible entrepreneurs may be granted a stay of up to 30 months, with the possibility to extend the period by up to 30 additional months if they meet certain criteria, in the discretion of DHS.

Under this final rule, eligibility may be extended to up to three entrepreneurs per start-up entity, as well as spouses and children. Entrepreneurs granted stays will be eligible to work only for their start-up business. Their spouses may apply for work authorization in the United States, but their children will not be eligible.
An applicant would need to demonstrate that he or she meets the following criteria to be considered under this rule:
  • The applicant possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • The applicant has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business.
  • The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by:
    • Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
    • Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or
Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

USCIS Posts New Form I-485, Supplement J, to Website

From USCIS:



The Office and Management and Budget has approved Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The supplement is now posted to our site and has an edition date of 01/17/17.
 

Temporary Protected Status Extended for Somalia

From USCIS:

WASHINGTON— Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Somalia (and eligible individuals without nationality who last habitually resided in Somalia) for an additional 18 months, effective March 18, 2017, through Sept. 17, 2018.
Current TPS Somalia beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from Jan. 17, 2017, through March 20, 2017. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Jan. 17, 2017.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Somalia beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Sept. 17, 2018. USCIS recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending the validity of current TPS Somalia EADs with an expiration date of March 17, 2017, for an additional six months. These existing EADs are now valid through Sept. 17, 2017.
To re-register, current TPS beneficiaries must submit:
Applicants may request that USCIS waive the Form I-765 application fee and/or biometric services fee based on an inability to pay. To do so, applicants must file Form I-912, Request for Fee Waiver, or submit a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request.
All USCIS forms are free. Applicants can download these forms from the USCIS website at uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
Additional information about TPS for Somalia—including guidance on eligibility, the application process and where to file—is available online at uscis.gov/tps. Certain individuals who are not current TPS beneficiaries may be able to apply late for TPS under the Somalia designation.  Information about Late Initial Filing is also available at uscis.gov/tps. Further details about this extension of TPS for Somalia, including the application requirements and procedures, appear in a Federal Register notice published today.
Applicants seeking information about the status of their individual cases can check My Case Status Online, or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook(/uscis).

Friday, January 13, 2017

John Khosravi Chosen by Super Lawyers as a Southern California Rising Star!

US visa-free residency for Cubans ends

http://www.bbc.com/news/world-us-canada-38605338

MAVNI Program Closed and Its Future is Uncertain

http://www.isvmag.com/2016/06/mavni-program-closed-and-its-future-is-uncertain/

USCIS Invitation: EB-5 Immigrant Investor Program, 03/03/2017

From USCIS:

Dear Stakeholder,
U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Friday, March 3, from 1 to 2:30 p.m. to discuss the Immigrant Investor Program, also known as the EB-5 program.  This engagement is part of our ongoing efforts to enhance dialogue with our stakeholders in the EB-5 program.

During the first part of this engagement, USCIS officials will provide EB-5 program updates. The second part will be a question-and-answer session. We invite you to ask non-case specific questions or provide feedback on the EB-5 program.

Participation Details:
You may attend this engagement either in person at USCIS Headquarters in Washington, D.C., or by teleconference.

To register, please follow these steps:
  • Visit our registration page
  • Enter your email address and select “Submit”
  • Select “Subscriber Preferences”
  • Select the “Event Registration” tab
  • Provide your full name and organization, if any
  • Complete the questions and select “Submit”
If you wish to attend in person, please indicate so in your subscriber preferences when selecting your method of attendance. Please note that seating is limited, so we encourage you to register early.
Once we process your registration, you will receive a confirmation email with additional details.
 To submit non-case specific questions before the engagement:
If you have any questions regarding the registration process, or if you have not received a confirmation email within two business days, please email us at the same address.
Note to Media: This engagement is not for press purposes. Please contact the USCIS Press Office at (202) 272-1200 for any media inquiries.

We look forward to engaging with you!

Thursday, January 12, 2017

USCIS Reaches the H-2B Cap for the First Half of Fiscal Year 2017

From USCIS:

USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for the first half of fiscal year (FY) 2017. January 10, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2017.

What Happens After Reaching the Cap

Except as noted below, we will reject new H-2B petitions received after January 10, 2017 that request an employment start date before April 1, 2017.

Petitions That Are Exempt from the Cap

We will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
  • Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • Workers performing labor or services from November 28, 2009, until December 31, 2019, in the Commonwealth of Northern Mariana Islands and/or Guam.
For more information about the H-2B work program, visit our website at http://www.uscis.gov/h-2b or call the National Customer Service Center at 1-800-375-5283.

Friday, January 6, 2017

USCIS Message: Affirmative and Defensive Asylum Biometrics Appointment Scheduling

From USCIS:

Dear Stakeholder,
The USCIS Asylum Division is currently transitioning to a new biometrics scheduling process that will be consistent with the scheduling process used throughout USCIS and improve the overall customer experience at Application Support Centers (ASCs). As part of this transition, we will revise the ASC notices issued to the following individuals:

  • Those who have filed Form I-589, Application for Asylum and for Withholding of Removal
  • Those who are in Immigration Court proceedings who have submitted a copy of the first three pages of Form I-589, Application for Asylum or Withholding of Removal, to the Nebraska Service Center
  • Those who have filed Form I-881, Application For Suspension Of Deportation Or Special Rule Cancellation Of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))
  • Those who are in Immigration Court Proceedings who have submitted a copy of Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)), to the Texas Service Center

These new ASC notices will include a specific appointment date and time to appear at an ASC to submit biometrics.  Applicants may have begun to receive these new appointment notices during the month of December 2016, but the full transition for all Form I-589 and Form I-881 filings will occur over the next few months.  During the transition, customers may experience a minor delay in receiving ASC appointments.

NOTE: ICE will arrange for the collection of fingerprints and the completion of background and security checks for applicants in proceedings before the Immigration Court who are detained, and therefore, such detained applicants are not required to appear at an ASC for a biometrics services appointment.  However, these detained applicants are still required to comply with the instructions they will receive during Immigration Court proceedings regarding the submission of Form I-589 and Form I-881 to USCIS. 

If you have questions regarding an ASC appointment notice issued by USCIS, please call 1-800-375-5283 (1-800-767-1833, TDD for the hearing impaired)
We also want to remind the public about the risk of immigration scams. Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips.

New USCIS Policy Memo

From USCIS:

The following immigration policy memorandum is now available on the Policy Memoranda section of the USCIS website:
Matter of T-O-S-U- clarifies that, for purposes of 8 C.F.R. § 214.2(h)(4)(viii)(C) (2016), a “physician of national or international renown” is a doctor of medicine or osteopathy who is widely acclaimed and highly honored in the field of medicine within one or more countries, so long as the achievements leading to national renown are comparable to that which would result in national renown in the United States. The decision also suggests, but does not mandate, what types of evidence may be persuasive in establishing eligibility for this exemption.

Thursday, January 5, 2017

New 9 FAM Section

9 FAM 601.12
(U) DISCONTINUATION OF VISA ISSUANCE UNDER INA 243(D)

USCIS Now Uses Specific Dates to Show Case Processing Times

From USCIS:

Dear Stakeholder,

Starting on Jan. 4, 2017, we will post processing times using a specific date format rather than weeks or months. This is the first step in providing processing times that are timelier and easier to understand.

We post case processing times on our website as a guide for when to inquire (service request) about a pending case. For the last several years, we have posted case processing times using two different formats: 
  • For cases that were within our production goals, we listed processing times in weeks or months.
  • For cases that were outside of our production goals, we listed processing times with a specific date.

Always refer to your I-797C, Notice of Action, and look for “receipt date” to determine when we accepted your case. If the receipt date on the USCIS Processing Times web page
is after the date we have listed on your notice, you should expect to hear from us within 30 days. If after those 30 days, you have not heard from us, you may make an inquiry on your case.

We recommend using our e-request tool for all case inquiries. In addition, we have many other services and tools at my.uscis.gov

If you move, remember to update your address for each pending case and receipt number at uscis.gov/addresschange.


Wednesday, January 4, 2017

Judge in Georgia: DACA Students can pay in-state tuition

http://www.ajc.com/news/state--regional-govt--politics/judge-georgians-shielded-from-deportation-may-pay-state-tuition/0PuOrVGdeBD9lo8hhMAfTO/

Posner: Immigration Court The 'Least Competent' Agency

http://www.law360.com/immigration/articles/876772/posner-immigration-court-the-least-competent-agency?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Seattle-area developer Dargey charged with fraud after collecting $150M from Asian investors

http://www.seattletimes.com/business/real-estate/seattle-developer-charged-with-fraud-after-collecting-150m-from-asian-investors/

DHS Announces 18-Month Redesignation and Extension of Temporary Protected Status for Yemen

From USCIS:

WASHINGTON — Secretary of Homeland Security Jeh Johnson has redesignated Yemen for Temporary Protected Status (TPS) and extended the existing TPS designation for the country for an additional 18 months, from March 4, 2017, through Sept. 3, 2018. This allows eligible nationals of Yemen (or persons without nationality who last habitually resided in Yemen) to register or re-register for TPS in accordance with the Federal Register notice published today.
Who is EligibleCurrent TPS StatusWhen to File
Current TPS beneficiaries from YemenHave TPSTo extend your TPS, you must re-register during the 60-day re-registration period that runs from Jan. 4, 2017, through March 6, 2017.
Yemeni nationals and persons without nationality who last habitually resided in Yemen, who have:
  • Continuously resided in the United States since Jan. 4, 2017; and
  • Been continuously physically present in the United States since March 4, 2017.
Do not have TPSTo obtain TPS, you may apply for TPS during the 180-day initial registration period that runs from Jan. 4, 2017, through July 3, 2017.
Individuals re-registering for TPS:
Current beneficiaries under Yemen’s TPS designation seeking to extend their TPS must re-register during a 60-day period that runs from Jan. 4, 2017, through March 6, 2017. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Yemen TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Sept. 3, 2018. USCIS recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending the validity of current TPS Yemen EADs with an expiration date of March 3, 2017, for an additional six months. These existing EADs are now valid through Sept. 3, 2017.
To re-register, current TPS beneficiaries must submit:
Individuals applying for TPS for the first time:
For Yemeni nationals (and persons having no nationality who last habitually resided in Yemen) who do not currently have TPS, the TPS redesignation may allow them to apply for TPS if they have continuously resided in the United States since Jan. 4, 2017, and have been continuously physically present in the United States since March 4, 2017. Applicants must meet all other TPS eligibility and filing requirements.
To apply for the first time, individuals must submit:
Individuals who still have a pending initial TPS application under Yemen’s designation do not need to submit a new Form I-821. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:
Applicants may request that USCIS waive any fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject the application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request.
All USCIS forms are available for free. Download forms or order them by mail through the USCIS website at uscis.gov/forms or by calling the USCIS Forms Request Line toll-free at 1-800-870-3676.
Applicants can check their case status at My Case Status Online or by calling the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the deaf and hard of hearing: 1-800-767-1833).
For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).