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.

Saturday, March 23, 2019

ICE: Record arrests of undocumented immigrants with no criminal record

https://www.usatoday.com/story/news/politics/2019/03/21/ice-sets-record-arrests-undocumented-immigrants-no-criminal-record/3232476002/

Complex Case Example

Dear Friends,

Immigration cases may seem straight forward. Many think that you just fill out an application and mail it in. But that couldn’t be further from the truth. These types of cases require heavy legal work and knowledge of legal nuances. Anyone can file an application but it takes the right attorney to use the necessary knowledge and expertise to help the client in every step.  An example of this fact is what happened with a recent client's case:

I had a young woman come to my office for a consultation. She had married a U.S. citizen and obtained a Conditional Green Card. Because their marriage was new, the Green Card was only valid for a 2-Year Conditional period. When the expiration of the Green Card was near, she filed a new application for Removal of Conditions to prove to the immigration department that her marriage was real and that she was living with her husband. Right now, it can easily take 1-2 years after filing for a Removal of Conditions application to be approved.

The issue was that the woman was in an abusive relationship. Her previous immigration attorney told her to just stay in that relationship to avoid problems with the immigration department. Moreover, because the case was taking so long, she could file for citizenship, which that attorney had helped her do. You can file for U.S. Citizenship while the second application for Removal of Conditions is pending. This is one fact many may not be aware of.

While both of these cases were pending, the abuse and violence increased. She wanted to call the police but the American spouse said if she does, he would accuse her of Marriage Fraud to the Immigration Department (USCIS) that she only married him for a Green Card. So she just stayed in that relationship. Unfortunately, this scenario is widespread in America. Her Attorney told her not to rock the boat and to wait it out.

At the request of her friend (one of my former clients), she came to talk with me about her case. Her situation had become dire and her attorney wasn’t responding to her requests.

The first thing I said was that she needs to protect herself. There is no point in having a Green Card if she wasn’t alive. She would need to leave him and find shelter. The Immigration issues could be worked out.

Secondly, the Green Card Removal of Conditions has a Waiver exception that permits abused spouses to be approved for a Permanent Green Card if they can prove the abuse. This waiver is available even if she left or divorced her husband. Unfortunately, we did not have police reports and good direct evidence, but we were able to gather the testimonies of friends and her personal affidavit.

The last issue was her citizenship. Normally one must be a Lawful Permanent Resident (Green Card Holder) for at least 4 years and 9 months before filing for citizenship. However, if married AND living with a U.S. citizen, the Citizenship application can be filed after 2 years and 9 months of obtaining the Green Card. Here the client had filed for Citizenship after 2 years 9 months but now would be leaving her husband. Many Attorneys and Immigration Officers are not aware of this exception: the Regulation only requires that the spouses be living together at the time of filing the Citizenship application, but not afterward. The only caveat is that they do not divorce before the Citizenship Oath Ceremony. In this case, the client could leave her abusive spouse but should hold off on divorcing until after becoming a U.S. citizen.

We found a solution to the client’s problems. It was just a matter of knowing the rules and preparing the client, educating the adjudicating Officer (in case they were not familiar with these rules), and preparing a strong case with proper evidentiary material.

We were ready to proceed with the case. Because Removal of Conditions takes so long, the Citizenship interview was scheduled while that case was still pending. The client and I went to the local Field Office for her Citizenship interview. There, the Officer told us that he could not approve the citizenship until after the Removal of Conditions was approved and that he did not have the training to do the Removal of Conditions interview. This meant that we had to wait for a future appointment. This would have been a complete waste for my client who had taken a day off of work and had lost her wages for that day. It also meant that she would have to stay married for many more months. This was unacceptable.

As her attorney, I was able to request a supervisor and demand that the Removal of Conditions interview happen right then and there. They scrambled and eventually found another Officer to do that interview. The Officer was stern but fair. She heard my client’s testimony and reviewed the documents and believed the client’s true story of abuse.  The Removal of Conditions Waiver was approved on the spot. We then walked over to the previous Officer’s room to complete the Naturalization interview. He questioned whether she was still living with her husband. Again, I had to step in and remind the Officer that it was sufficient that my client was living with her husband at the time of filing and they were still married. After that, my client passed the interview with no issues. One month later she was a U.S. Citizen and free from the shadow of her abusive husband.

Cases involving abuse take a lot of personal energy and emotions out of me so I don’t normally accept them. But when I had this consultation with a battered woman who needed help and was not getting the right advice from her attorney, I knew that I had to help.

Today, my client lives a full and happy life in America.

- John Khosravi, Esq.


Disclaimer: not legal advice. consult with an attorney to review your individual case. Attorney Advertisement.

Wednesday, March 20, 2019

USCIS Form I-129 Updated

https://www.uscis.gov/i-129?utm_source=rss-feed&utm_campaign=Forms%20Updates

More lawyers, reporter stopped and questioned at border by U.S. officials

https://www.nbcnews.com/news/amp/ncna984256

Immigration Courts Overwhelmed by Indigenous Languages

https://www.nytimes.com/2019/03/19/us/translators-border-wall-immigration.html?smid=nytcore-ios-share

Canadians To Require New Authorization For European Travel

https://www.linkedin.com/pulse/canadians-require-new-authorization-european-travel-singer-lawyer/

April 2019 USCIS Filing Charts

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-april-2019

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes

https://www.uscis.gov/news/news-releases/uscis-announces-fy-2020-h-1b-cap-season-start-updates-and-changes

Border Patrol says detention centers are full — and starts releasing migrants

https://www.latimes.com/nation/la-na-texas-border-migrants-released-20190319-story.html

Wednesday, March 13, 2019

A New Study Uncovers Troubling Information About Immigrant-Only Prisons

https://www.newyorker.com/news/daily-comment/a-new-study-uncovers-troubling-information-about-immigrant-only-prisons

White House: No TPS Asylum Relief for Venezuelans

https://www.breitbart.com/politics/2019/03/13/white-house-no-tps-asylum-for-venezuelans/

What Immigration Restrictionists Can’t Foresee

https://www.theatlantic.com/ideas/archive/2019/03/you-cant-control-demographics-immigration-policy/584722/?fbclid=IwAR1i31FUPNtJ7Seuymq_seBA7cFsEpaOyEz4LO1XBilKtkovQLq-q3YFQgE

In 2018, USCIS issued Requests for Evidence in H-1B visa cases for these top 3 reasons

https://twitter.com/jvburk/status/1105613110541312005/photo/1

Note: Employer/Employee relationship

CNN exclusive: Supervisors aren't always reviewing ICE detention warrants as required

https://www-m.cnn.com/2019/03/13/us/ice-supervisors-dont-always-review-deportation-warrants-invs/index.html

6 charged with taking English tests for Chinese students seeking visas

https://www.foxnews.com/us/6-charged-with-taking-english-tests-for-chinese-students-seeking-visas

Dream and Promise Act: House Democrats introduce bill for DREAMers and TPS holders

https://www.vox.com/2019/3/12/18261574/dream-act-daca-tps-democrats-bill

Tuesday, March 12, 2019

Former CBP agent sentenced to nine years for accepting bribes from drug traffickers

https://abcnews.go.com/Politics/cbp-agent-gave-drug-trafficking-organization-keys-fences/story?id=61602268

Trump Administration Seeks To Close International Immigration Offices

https://www.npr.org/2019/03/12/702807908/trump-administration-seeks-to-close-international-immigration-offices

America is withdrawing all remaining diplomatic personnel from Venezuela

https://www.dailymail.co.uk/news/article-6798165/US-withdrawing-remaining-diplomatic-personnel-Venezuela.html

Discussing the importance of membership in Immigration Law Trade Associations with Nicholas Mireles, Esq.



USCIS Must Revisit Docs Of Man Who Wed 4 In Under 4 Years

https://www.law360.com/immigration/articles/1137540/uscis-must-revisit-docs-of-man-who-wed-4-in-under-4-years-?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Uptick In Visa Scrutiny Pushing Employers To Move Abroad

https://www.law360.com/immigration/articles/1137685/uptick-in-visa-scrutiny-pushing-employers-to-move-abroad?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Saturday, March 9, 2019

Simple Ideas for Immigration Reform w/ Nicholas Mireles, Esq.



Simple Ideas for Immigration Reform w/ Nicholas Mireles, Esq.
ImmigrationLawyersToolbox.com
Not Legal Advice. Consult with an Attorney.

Friday, March 8, 2019

Americans Will Need a Visa to Visit Europe Starting in 2021

https://www.travelandleisure.com/travel-news/americans-need-visa-europe

Trump admin extends immigration protection for South Sudanese

https://thehill.com/policy/international/africa/433229-trump-admin-extends-tps-for-south-sudan-for-18-months

"overseas posts with State’s highest foreign policy priorities had the highest percentages of vacant Foreign Service positions"

https://www.gao.gov/assets/700/697281.pdf

ICE Is Detaining 50,000 People, an All-Time High

https://www.thedailybeast.com/ice-is-detaining-50000-people-a-new-all-time-high

U.S. Embassy in Tunis Begins Processing Libyan Immigrant Visas

https://travel.state.gov/content/travel/en/News/visas-news/20190304_us-embassy-in-tunis-begins-processing-libyan-immigrant-visas.html

CBP Announces Change in I-94 Permit Application Process for Travelers at Tecate Port of Entry

https://www.cbp.gov/newsroom/local-media-release/cbp-announces-change-i-94-permit-application-process-travelers-tecate

Davis Wright Sues CBP Over Cannabis Immigration Docs

https://www.law360.com/immigration/articles/1136262/davis-wright-sues-cbp-over-cannabis-immigration-docs?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Law Barring Asylum Reviews Is Unconstitutional: 9th Circ.

https://www.law360.com/immigration/articles/1136493/law-barring-asylum-reviews-is-unconstitutional-9th-circ-?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Thursday, March 7, 2019

USCIS Adjustment Filing Dates for March 2019

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-march-2019

[84 Full] Discussion with Immigration Attorney Nicholas Mireles


Not Legal Advice. Consult with an Attorney.
ImmigrationLawyersToolbox.com
Wide-Ranging Conversation with Attorney Nicholas Mireles about Law Practice, Immigration



Kelly dismisses need for wall along full US-Mexico border

https://www.cnn.com/2019/03/07/politics/john-kelly-border-wall/index.html

USCIS Updates Forms I-129F, I-131A, I-191, I-942

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Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A

http://blog.cyrusmehta.com/2019/03/trump-administration-imposes-another-unnecessary-obstacle-uscis-to-issue-new-version-of-form-i-539-and-new-i-539a-on-march-8.html

USCIS is fighting immigration fraud using data science

https://www.fedscoop.com/uscis-fighting-immigration-fraud-using-data-science/

HOW TWO IMMIGRATION LAWYERS CREATED A RAPID-RESPONSE TEAM TO COMBAT ICE

https://theintercept.com/2019/03/05/ice-detention-legal-aid-rapid-response/?fbclid=IwAR2dB1OBWNCaiD5VlXQj3fLT6IxJ8yC2d57inqaP2fZWXFXRMzcySdktv4s

The Trump Administration Will Pause Hiring Of Immigration Judges Amid A Massive Backlog Of Cases

https://www.buzzfeednews.com/article/hamedaleaziz/trump-administration-immigration-judges-hiring-pause

Saturday, February 23, 2019

Former Consular Officer's Guidance on SB-1 Returning Resident Visas

ImmigrationLawyersToolbox.com  #Visa #Immigration
Not Legal Advice. Consult with an Attorney.

[82] Interview with Comedian, Writer, Podcaster & Immigrant Maeve Higgins Discussing Immigration

ImmigrationLawyersToolbox.com
Consult with an Immigration Attorney. Not Legal Advice.

Website: https://www.maevehiggins.com/
Podcast: https://itunes.apple.com/us/podcast/maeve-in-america-immigration-irl/id1168787462?mt=2
Book: https://www.maevehiggins.com/

Twitter: @MaeveInAmerica

Friday, February 22, 2019

Federal court orders State Department to issue the country’s first nonbinary passport

https://thinkprogress.org/federal-court-nonbinary-intersex-passport-gender-marker-7ad1abce4e65/

IT Consulting Industry Hardest Hit by Jump in H-1B Denials

https://news.bloomberglaw.com/daily-labor-report/it-consulting-industry-hardest-hit-by-jump-in-h-1b-visa-denials

H-2B Cap Reached for FY 2019

https://www.uscis.gov/news/alerts/h-2b-cap-reached-fy-2019

"A lot of things that work with USCIS really aren’t going to work with Consular Officers"


For more videos: https://www.youtube.com/watch?v=SQ0NctisAV0&list=PLyh01Ea7eQlV7ck2GHPUuSiGUK2RkwOsL

#ConsularProcessing #ImmigrationLawyer
Not Legal Advice. Consult with an Attorney. Attorney Advertisement.

Judge rules both twin sons of gay couple are Americans after one was denied citizenship following birth to a surrogate in Canada

https://www.dailymail.co.uk/news/article-6732473/Judge-grants-citizenship-twin-son-gay-couple.html

White House Poised to End Work Permits for H-1B Spouses

https://www.law360.com/immigration/articles/1131406/dhs-preps-proposal-to-end-work-authorization-for-spouses?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Thursday, February 21, 2019

This new California law is supposed to protect immigrant home cooks. It may help tech giants instead

https://www.latimes.com/local/lanow/la-me-ab626-immigrants-reality-20190218-htmlstory.html

Census: Highest immigrant population in 100 years, over half Latinos

https://www.washingtonexaminer.com/washington-secrets/census-highest-immigrant-population-in-100-years-over-half-latinos

Canada wants 1 million more immigrants over next 3 years

https://abcnews.go.com/Politics/canada-million-immigrants-years/story?id=60306973

Former Consular Officer's Opinion Regarding Travel Ban Waiver Cases.

Former Consular Officer's Opinion Regarding Travel Ban Waiver Cases. For more, visit: https://www.youtube.com/watch?v=SQ0NctisAV0&list=PLyh01Ea7eQlV7ck2GHPUuSiGUK2RkwOsL

#TravelBan #Interview #GreenCard #Visa #Embassy Not Legal Advice. Consult with an Attorney. Legal Advertisements.

JQK Law Chosen as part of Top 25 Youtube Immigration Channels

https://blog.feedspot.com/immigration_youtube_channels/

Tuesday, February 12, 2019

EB-5 USCIS Class Action Member Identification Notice

From USCIS:

On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions.
If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member, please email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov, using the subject line “Zhang Class,” and provide the following:
  1. Name
  2. Alien Number (if any)
  3. Date of birth
  4. I-526 receipt number (if available)
  5. Date of I-526 denial
  6. Copy of I-526 denial (if available)
Note: Identification as a potential class member is subject to USCIS verification and does not grant any immediate rights, as immigrant petitions must meet all eligibility requirements and the court’s decision is presently under consideration for appeal.

Sunday, February 10, 2019

Episode 81 - Interview with Former Diplomat & Consular Officer and Current Immigration Attorney Christopher Richardson

Interview with Former Diplomat & Consular Officer and Current Immigration Attorney Christopher Richardson. Discussing Consular Processing Practice and the Life of a Diplomat.
- His Email Address: chris.richardson@nelsonmullins.com

Consult with an Attorney. Not Legal Advice

Saturday, February 2, 2019

Iraqi Has Returned To U.S. After ICE Deported Him Against Court Orders

https://www.npr.org/2019/01/31/689931045/iraqi-has-returned-to-u-s-after-ice-deported-him-against-court-orders?utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20190131

MALDEF Files Lawsuit Against Texas Secretary of State for Baseless Investigation of Immigrants’ Voting Eligibility

https://www.nytimes.com/2019/01/31/opinion/texas-voter-suppression.html

Immigrant rights attorneys and journalists denied entry into Mexico

https://www.latimes.com/nation/immigration/la-me-immigration-attorneys-detained-20190202-story.html

Saudi Arabia encouraged foreign workers to leave — and is struggling after so many did

https://www.washingtonpost.com/world/saudi-arabia-encouraged-foreign-workers-to-leave----and-is-struggling-after-so-many-did/2019/02/01/07e34e12-a548-11e8-ad6f-080770dcddc2_story.html

Judge Orders Pentagon To Stop Discriminating Against Naturalized Citizen Soldiers

https://www.npr.org/2019/02/02/690846720/judge-orders-pentagon-to-stop-discriminating-against-naturalized-citizen-soldier

Wednesday, January 30, 2019

Visa Decision Wait Times Reaching ‘Crisis’ Levels

https://news.bloomberglaw.com/daily-labor-report/visa-decision-wait-times-reaching-crisis-levels-group-says

ICE told hundreds of immigrants to show up to court Thursday — for many, those hearings are fake

https://www.cbsnews.com/news/immigration-court-ice-agents-hundreds-of-immigrants-fake-court-dates-2019-01-30-live-updates/

Brexit: Three 'simple' requirements for EU citizens to stay in UK

https://www.bbc.com/news/amp/uk-politics-44553225#click=https://t.co/otTyutCm8m

China H and L Visa Processing Update

http://www.ustraveldocs.com/cn/cn-niv-typework.asp#WhentoApply

End Forced Labor in Immigrant Detention

https://www.nytimes.com/2019/01/29/opinion/forced-labor-immigrants.html

ICE Ran Fake College to Target Undocumented Immigrants

https://www.thedailybeast.com/ice-ran-fake-college-to-target-undocumented-immigrants

Man, 90, told to fly to US to get correct visa to remain in UK with wife

https://www.theguardian.com/uk-news/2019/jan/30/man-90-told-to-fly-to-us-to-get-correct-visa-to-remain-in-uk-with-wife?CMP=share_btn_link

Feds say Cary man processed hundreds of fraudulent H-1B applications - Triangle Business Journal

https://www.bizjournals.com/triangle/news/2019/01/29/feds-say-cary-man-processed-hundreds-of-fraudulent.html

Immigrant Denied H-1B Visa on Eve of Getting Green Card

https://news.bloomberglaw.com/daily-labor-report/immigrant-denied-temporary-visa-on-eve-of-getting-green-card

DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

https://www.uscis.gov/news/news-releases/dhs-announces-final-rule-a-more-effective-and-efficient-h-1b-visa-program

Tuesday, January 29, 2019

Video: When does Form I-864 Financial Sponsorship Responsibility End?



Consult with an attorney. Not legal advice.

USCIS To Bar Attys From Migrants Before Removal To Mexico

https://www.law360.com/immigration/articles/1123004/uscis-to-bar-attys-from-migrants-before-removal-to-mexico?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Oregon Restaurant Owner Sentenced to Prison in Connection With Immigration-Related Forced Labor Scheme

https://www.justice.gov/opa/pr/oregon-restaurant-owner-sentenced-prison-connection-immigration-related-forced-labor-scheme

USCIS Makes Two More Applications Available for Online Filing

https://www.uscis.gov/news/news-releases/uscis-makes-two-more-applications-available-online-filing

Immigration Courts Face More Than 80,000 Canceled Hearings in Federal Shutdown

https://news.bloomberglaw.com/white-collar-and-criminal-law/insight-immigration-courts-face-more-than-80-000-canceled-hearings-in-federal-shutdown-1?fbclid=IwAR1fk-1BYanbSUbhFC-NZ9cjX1ISbrHptRLbhtRDEQpidVZ7GS3Xi0fYak8

Monday, January 28, 2019

Trump ordered 15,000 new border and immigration officers — but got thousands of vacancies instead

https://www.latimes.com/politics/la-na-pol-border-patrol-hiring-20190126-story.html

Security Alert: U.S. Embassy Caracas, Venezuela (January 24, 2019) - Emergency Services Only

https://ve.usembassy.gov/security-alert-u-s-embassy-caracas-venezuela-january-24-2019/

USCIS Announces Online Case Status Feature for Asylum Applicants

https://www.uscis.gov/news/news-releases/uscis-announces-online-case-status-feature-asylum-applicants

Two Years Ago, This Immigration Lawyer Marched on an Airport. Today, He’s Running for State House

https://www.motherjones.com/politics/2019/01/hassan-ahmad-virginia-house-of-delegates-travel-ban-two-year-anniversary/

FAM Update for 90 Day Rule

Thanks to Liam Schwartz


Source: https://fam.state.gov/FAM/09FAM/09FAM030209.html





God Bless America, and Her Lawyers

https://www.nytimes.com/2019/01/26/opinion/sunday/immigration-lawyers-travel-ban.html

Has the State Department Been Stripped of Its Swagger?

https://nationalinterest.org/blog/skeptics/has-state-department-been-stripped-its-swagger-42422

Opinion | The Trump Administration Is Making a Mockery of the Supreme Court

https://www.nytimes.com/2019/01/27/opinion/trump-travel-ban-waiver.html

Friday, January 25, 2019

Episode 80 - Interview with Edafe Okporo (Asylee, Author & Activist)







Not Legal Advice. Consult with an Attorney.

Show Notes:
Twitter: @EdafeOkporo
Website: edafeokporo.com/
RDJ Refugee Center Website: rdjrefugeeshelter.org/
Email: admin@edafeokporo.com
Memoir (Amazon): https://www.amazon.com/Bed-26-Memoir-African-Asylum/dp/1984511009

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-fiscal-year-2019-h-1b-cap-petitions

DHS Releases MIGRANT PROTECTION PROTOCOLS

https://www.dhs.gov/news/2019/01/24/migrant-protection-protocols

Ombudsmen Case Assistance Down Due to Government Shut Down (Subject to Change)

https://cisomb.dhs.gov/oca/form7001.aspx

Denied a U.S. Visa, One 'Roma' Actor Might Miss the Oscars

https://www.latimes.com/entertainment/arts/miranda/la-et-mn-roma-actor-denied-visa-to-us-20190124-story.html

Friday, January 18, 2019

CA 9th Reexamines Immigration Related Meth Statutes

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I-751 ASC Biometrics Appointment Taking Extended Period of Time to Issue After Receiving Initial Receipt

USCIS Issuing Applicant Notice with Parent's Name