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: (818) 934-1561

Skype: john.khosravi


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

Wednesday, October 31, 2018

Fee Payment Changes at Two USCIS Los Angeles Field Offices

From USCIS:

On Nov. 5, 2018, applicants, petitioners, or other requesters who are paying a filing fee at the Los Angeles Field Office and Los Angeles County Field Office will no longer be able to pay by money orders or cashier’s checks. They can still pay by check, debit card, credit card, or reloadable pre-paid credit or debit cards, which USCIS personnel will process through a new electronic system. USCIS is launching a pilot at these two field offices to test electronic payment processing, which will increase transaction security and reduce processing errors that could cause USCIS to reject applications and petitions. Beyond limiting the kind of payment USCIS will accept through this new system, applicants will not experience a change in how they pay their fees.
This internal transition is part of USCIS’ ongoing efforts to modernize its business practices, allowing USCIS field office staff to process applicants’ payments in a quicker, more secure online system. This will reduce processing errors on applications that would previously have led to rejection for non-payment. It will also increase security and traceability of payments for applicants.
USCIS will inform anyone who has made an appointment at these two field offices that we will not accept money orders or cashier’s checks for in-person fee payments, but we will continue to accept personal, attorney, and business checks.
USCIS will update rejection notices to alert applicants who have mailed in their fees to the Los Angeles Field Office or Los Angeles County Field Office to explain that we no longer accept these payment methods.
USCIS will analyze how the electronic payment process works in these two offices before deciding whether to implement the changes more broadly.

Tuesday, October 30, 2018

Practice Alert: NBC acknowledged that a system error appears to have resulted in I-797 approval notices not being mailed to the attorney of record in specific adjustment of status applications

Exclusive: Trump targeting birthright citizenship with executive order

https://www.axios.com/trump-birthright-citizenship-executive-order-0cf4285a-16c6-48f2-a933-bd71fd72ea82.html

Trump Says U.S. Will Build "Tent Cities" for Asylum Seekers

http://www.economicpolicyjournal.com/2018/10/trump-says-us-will-build-tent-cities.html?m=1

H-1B I-129 Workload Transfer Update

From USCIS:

We transferred some of the following cases from the California Service Center to the Nebraska Service Center:
  • Form I-129, Petition for a Nonimmigrant Worker, for petitioners requesting H-1B nonimmigrant classification
For more information, see our Workload Transfer Updates page.

USCIS EB-5 Debt Policy Manual Update

USCIS is revising guidance in the USCIS Policy Manual to clarify its policy on debt arrangements in Volume 6: Immigrants, Part G, Investors. Please see the Policy Alert for more detailed information: 
Visit the Policy Manual for Comment page for more information on stakeholder review and comment. 

USCIS to Expand Information Services Modernization Program to Key Locations

From USCIS:

Program provides operational efficiencies, improves delivery of services
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will expand its Information Services Modernization Program to key field offices, beginning with the Detroit Field Office and the five offices in the Los Angeles District on Nov. 13. Field offices in the Newark, Great Lakes, and San Francisco districts will implement the program during the first quarter of fiscal year (FY) 2019. USCIS anticipates expanding the program to all remaining field offices by the end of FY 2019.
The Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to view general how-to information and check case statuses through the USCIS Contact Center. Recent improvements to online tools provide applicants the ability to obtain their case status and other immigration information without having to visit a local field office.
Since USCIS launched a pilot of this program in March, transitioning from the InfoPass appointment system to the Information Services Modernization Program has improved the delivery of emergency and other services that can only be provided in person and made operations more efficient overall.
“Expanding this program is a significant step in our efforts to move more USCIS services and information online,” said USCIS Director Francis Cissna. “It also frees up agency staff to spend more time adjudicating benefit requests which should help reduce case processing times. USCIS remains committed to pursuing the most effective and efficient ways to administer our nation’s lawful immigration system.”
Based on surveys and other data, USCIS determined that most people who made in-person information service appointments through InfoPass could have received the same information by calling the USCIS Contact Center or checking the USCIS website. Importantly, when it is determined an applicant does need in-person assistance under the Information Services Modernization Program, personnel at the USCIS Contact Center will help schedule an appointment without the individual having to search for available timeslots.
Early results indicate the Information Services Modernization Program provides essential assistance while saving the public time and effort. The program will also allow USCIS to better align resources to reduce case processing times.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).  

Graham to introduce legislation to end birthright citizenship

https://thehill.com/blogs/floor-action/senate/413832-graham-to-introduce-legislation-ending-birthright-citizenship

Thursday, October 25, 2018

Trump 'preparing executive order' to ban all Central American migrants from US

https://www.dailymail.co.uk/news/article-6318789/Trump-preparing-executive-order-ban-Central-American-migrants-US.html

Haverford College sues Trump admin. over crackdown on lapsed student visas

https://whyy.org/articles/haverford-college-sues-trump-admin-over-crackdown-on-lapsed-student-visas/

DHS, HHS officials blindsided by 'zero tolerance' border policy

USCIS Policy Manual Update about Form G-325A

From USCIS:

USCIS is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). USCIS previously required those seeking certain immigration benefits to file Form G-325A with their application or petition. USCIS has now incorporated all versions of Form G-325A into USCIS forms that separately required them. Form G-325A is now used only for deferred action requests for certain enlistees and designated family members of certain military personnel, veterans, and enlistees. Accordingly, USCIS renamed the form as “Form G-325A, Biographic Information (for Deferred Action).” The updated guidance in Parts A, F, L, M, and O of Volume 7: Adjustment of Status of the Policy Manual removes all references to Form G-325A.
Stakeholders may review and comment on the revised policy guidance through Nov. 7, 2018. Please see the Policy Alert for more detailed information on this update.
Visit the Policy Manual for Comment page for more information on stakeholder review and comments.

Thursday, October 18, 2018

USCIS Continuing Form I-751 Data Entry

From USCIS:

USCIS has completed receipting and data entry for all filings of Form I-751, Petition to Remove Conditions on Residence, received between May 1 and Sept. 9, 2018. Petitioners should receive receipt notices by Oct. 22, 2018.
On June 13, 2018, USCIS announced that the California Service Center (CSC) was experiencing a delay in initial data entry for Form I-751. After changing the filing location for Form I-751 from the USCIS Service Centers to the USCIS Lockbox facilities in September, USCIS completed receipting and data entry of these petitions on Oct. 1.
If you submitted a Form I-751 to the CSC between May 1 and Sept. 9, 2018, and you have not received a receipt notice, do not file a duplicate Form I-751 unless you have received a rejection notice or have been instructed to do so by the CSC.
If your two-year green card has expired and you have not received a receipt notice, you may schedule an appointment online for you and any eligible dependents to be seen at your local field office. If possible, bring evidence that you sent your Form I-751 via the U.S. Postal Service or a delivery service, such as FedEx. If you have any questions about the process, visit the USCIS Contact Center page.

ICE subpoenas immigration lawyer in leak hunt

https://www.sfchronicle.com/politics/article/ICE-subpoenas-immigration-lawyer-in-leak-hunt-13314928.php

USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status

From USCIS:

On Oct. 16, 2018, USCIS began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information.  
In August 2018, USCIS issued receipt notices for certain pending Form I-751 petitions to extend conditional permanent resident (CPR) status from 12 months to 18 months. These receipt notices were issued to provide an additional six months of CPR status to the I-751 petitioners while they continue to wait for their petition to be adjudicated. Some of the receipt notices contained incorrect information that does not affect the extension of the of the CPR status.
Petitioners who received incorrect receipt notices will receive corrected ones shortly. If you have not received a corrected receipt notice by Nov. 15, 2018, please reach out to the USCIS Contact Center.
If you:Then:
Do not have an attorney or accredited representative, but you received a receipt notice that said your attorney or accredited representative received your original receipt notice …You will receive a corrected original receipt notice shortly. Please review the notice you have already received, and if any other information is incorrect, return that receipt notice to the following address and indicate what information is incorrect.
USCIS Office of Privacy
Attn: Incident Response Program
20 Massachusetts Avenue, NW 
Suite 5306
Washington, DC 20529-2050 
If your information on the receipt notice you already received is correct, then you can disregard these instructions.
Are an attorney or accredited representative who received a receipt notice for your client that has incorrect information ...You will receive a corrected receipt notice shortly. Please return the receipt notice with incorrect information to the following address and indicate what information is incorrect.
USCIS Office of Privacy
Attn: Incident Response Program
20 Massachusetts Avenue, NW, Suite 5306
Washington, DC 20529-2050
If you received an incorrect receipt notice and need to travel internationally or prove your continued status before you receive a corrected receipt notice, you may submit a case inquiry to receive further instructions.

Friday, October 12, 2018

New emails reveal a central political/Immigration motivation for changing the census

https://www.washingtonpost.com/politics/2018/10/12/new-emails-reveal-central-political-motivation-changing-census/

'ITServe sues USCIS over shorter H1B approvals'

https://mobi.greatandhra.com/article/itserve-sues-uscis-over-shorter-h1b-approvals/92543/amp

USCIS Naturalization Policy Manual Update

From USCIS:

USCIS is revising guidance in the USCIS Policy Manual to clarify the “married” and “living in marital union” requirements for applicants filing for spousal naturalization. The updated guidance makes clear that the applicant and his or her U.S. citizen spouse must have been “living in marital union” (living together) for at least three years before filing and will be included in Volume 12: Citizenship & Naturalization, Part G, Spouses of U.S. Citizens. Stakeholders may review and comment on the revised policy guidance through Oct. 25, 2018. Please see the Policy Alert for more detailed information on this update.
Visit the Policy Manual for Comment page for more information on stakeholder review and comments.

Army discharged more than 500 skilled immigrant enlistees in 1 year, AP reports

https://www.cbsnews.com/news/army-discharged-more-than-500-immigrant-enlistees-in-1-year-ap/

U.S. Border Agency Says Hundreds of Employees Have Been Arrested Over 2 Years

https://www.nytimes.com/2018/10/12/us/politics/border-agency-employees-arrested.html?smid=fb-nytimes&smtyp=cur

Temporary Protected Status: Overview and Current Issues

https://crsreports.congress.gov/product/pdf/RS/RS20844

CBP [Updated] Statement on Canada's Legalization of Marijuana and Crossing the Border

https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-canadas-legalization-marijuana-and-crossing-border

November 2018 Visa Bulletin

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-november-2018.html

DHS orders border agency to bypass environmental rules to start 18-mile border wall in Texas

https://www.washingtonexaminer.com/news/dhs-orders-border-agency-to-bypass-environmental-rules-to-start-18-mile-border-wall-in-texas

Tuesday, October 9, 2018

AP Investigation: Deported parents may lose kids to adoption

https://apnews.com/amp/97b06cede0c149c492bf25a48cb6c26f?__twitter_impression=true

How Immigration Got It Wrong For Individual Athletes

https://www.realclearcounsel.com/single-post/2018/10/09/How-Immigration-Got-It-Wrong-For-Individual-Athletes

DOJ Can't Block Funds For Sanctuary Cities, Calif. Court Says

https://www.law360.com/immigration/articles/1090044/doj-can-t-block-funds-for-sanctuary-cities-calif-court-says?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

ICE Agents Arrested Miami Dad After They Found His Lost Wallet, Family Says

https://www.miaminewtimes.com/news/ice-arrests-miami-man-who-lost-wallet-in-ohio-10806988

An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforcement

https://www.buzzfeednews.com/article/hamedaleaziz/trump-ice-attorneys-foia-memo-discretion

Saturday, October 6, 2018

Form I-539 Workload Transfer Updates

From USCIS:

We transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
  • Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants
For more information, see our Workload Transfer Updates page.

Wednesday, October 3, 2018

USCIS Adjustment of Status Filing Dates for October 2018

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-october-2018

USCIS Provides Guidance for Implementing New Law Related to Foreign Workers on Guam, Northern Mariana Islands

From USCIS:

USCIS has published a policy memorandum (PDF, 108 KB) providing guidance on the implementation of section 1045 of the National Defense Authorization Act for Fiscal Year 2019 (the FY 2019 NDAA), which allows certain H-2B workers on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) to qualify for an exemption to the “temporary need” requirement if they begin employment on or before Dec. 30, 2023.
USCIS is accepting H-2B petitions filed pursuant to the NDAA provision that exempts the temporary need requirement for certain health care workers on Guam and in the CNMI, as well as for workers directly connected to, or directly associated with, the planned military realignment of U.S. Marines from Okinawa, Japan, to Guam. The FY 2019 NDAA also eliminated the annual cap of 4,000 H-2B workers for Guam and the CNMI that were permitted to use the temporary need exemption.
The policy memorandum provides detailed information on how petitioners may demonstrate eligibility for the exemptions under the new law. Petitioners must continue to comply with other H-2B requirements including submission of an approved temporary labor certification issued by Guam’s Department of Labor or the U.S. Department of Labor, as appropriate. Employers on Guam and in the CNMI remain exempt from the national H-2B cap until Dec. 31, 2029. Additional general information about the H-2B program can be found on the H-2B Temporary Non-Agricultural Workers page.

U.S. Withdraws From 1955 Treaty Normalizing Relations With Iran

https://www.nytimes.com/2018/10/03/world/middleeast/us-withdraws-treaty-iran.html

USCIS Using Tablets to Administer the English Reading and Writing Tests for Naturalization

From USCIS:

On Oct. 1, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews as part of the agency’s ongoing business modernization efforts. Although USCIS applicants already use digital tablets to sign or verify parts of their applications, this new approach expands tablet usage, allowing the device to be used for a greater portion of the application process. USCIS will be able to continue using the paper process on a case-by-case basis.
While the eligibility requirements and the subject material of the naturalization test have not changed, applicants are now using a stylus on a digital tablet instead of a paper application. Immigration Services Officers (ISO) will carefully instruct applicants on how to use the tablets before administering the tests:
  • For the reading test, a sentence will appear on the tablet and the ISO will ask the applicant to read it.
  • For the writing test, several lines will appear on the tablet, replicating the appearance of a piece of blank paper. The ISO will read a sentence aloud and ask the applicant to write it on the tablet.
Applicants will continue to take the civics test verbally, without the tablet.
USCIS is now using digital tablets to administer the English reading and writing tests during naturalization interviews.

Inspectors Find Nooses in Cells at Immigration Detention Facility

https://www.nytimes.com/2018/10/02/us/oig-inspector-general-adelanto-immigrants-nooses.html

U.S. citizens applying for green cards for noncitizen spouses see growing waits

https://www.nbcnews.com/news/asian-america/u-s-citizens-applying-green-cards-noncitizen-spouses-see-growing-n912946

Monday, October 1, 2018

USCIS Form I-907 Update Notice

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):
10/01/2018 12:00 AM EDT

Update to Form I-907, Request for Premium Processing Service; New Edition Dated 10/01/18
For more information, please visit our Forms Updates page.

USCIS H-1B Workload Transfer Updates

FROM USCIS:

October 1, 2018: We transferred some of the following cases from the California Service Center to the Nebraska Service Center:
  • Form I-129, Petition for a Nonimmigrant Worker, for petitioners requesting H-1B nonimmigrant classification
For more information, see our Workload Transfer Updates page.