Episode 15 of the Immigration Lawyers' Podcast: Legal Analysis of Challenges to Claims of Abandonment of Lawful Permanent Residency Status

World's first 'robot lawyer' overturns 160,000 parking tickets in London and New York

http://www.mirror.co.uk/tech/worlds-first-robot-lawyer-overturns-8302040

Had a Great Time Speaking at a Panel at This Years Immigration Attorney Conference (AILA) in Las Vegas! #Immigration #AILA #AC2016

DHS CBP To Review Visitor Social Media

http://www.dailymail.co.uk/news/article-3662828/Be-careful-tweet-Social-media-accounts-tourists-heading-U-S-subject-inspection.html

USCIS Launches New InfoPass Online System

Today, USCIS launched a refresh of InfoPass, our online system that lets you schedule an appointment at one of our offices. New features include a mapping function that makes it easier to find a local office here in the United States and an improved visual style that matches the rest of uscis.gov as well as a new web address: my.uscis.gov/appointment.

 

In a Tied Vote, the Supreme Court Blocks Obama’s Immigration Actions

http://www.slate.com/blogs/the_slatest/2016/06/23/united_states_v_texas_ties_obama_immigration_executive_actions_blocked.html

USCIS Policy Manual Update: Removing Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications

USCIS no longer requires refugees applying for adjustment of status under section 209 of the Immigration and Nationality Act to file Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status. We have updatedVolume 7, Adjustment of Status, Part L, Refugee Adjustment, Chapter 4, Documentation and Evidence of the USCIS Policy Manual to reflect the removal of this requirement. The Policy Alert is available here: • Volume 7, Part L: Removing Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications (Final date for comments: July 7, 2016) A summary of new and updated policies for comment is available on the Policy Manual for Comment page.

O.C. woman goes to prison for sham marriage and visa business

http://www.latimes.com/local/lanow/la-me-ln-sham-marriage-20160620-snap-story.html

Woman gets two years probation for making false statements in USCIS form

http://www.mvariety.com/cnmi/cnmi-news/local/87087-woman-gets-two-years-probation-for-making-false-statements-in-uscis-form

EB-5 & Other USCIS Timelines For June 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)

16.4 months (.2 month increase from previous month!)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 

18.8 months (.4 month increase from previous month) 

Form I-924 (Application for Regional Center)

9.5 months (.2 month increase from previous month)

Click here for other USCIS Processing times, 

Click here for Asylum Processing Times,
Click here for AAO Processing times,
Click here for Department of Labor processing times and information on backlogs,

Click here for Department of State Visa Bulletin,

Click here for Visa application Wait Times for Various Posts. 

Illegal immigrants who overstay visas hardly ever caught, feds admit

http://m.washingtontimes.com/news/2016/jun/14/illegal-immigrants-who-overstay-visas-almost-never/

Supreme Court rejects effort to grant American Samoans U.S. citizenship at birth

http://www.cnn.com/2016/06/13/politics/american-samoa-citizenship-supreme-court/

EB-5 Center Manager Fined $1M For Paying Immigration Attys

http://www.law360.com/immigration/articles/806540?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

USCIS Message: Form I-730 Refugee/Asylee Relative Petitions Process Change

From USCIS:

Dear Stakeholder,
To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes the Form I-730 Refugee/Asylee Relative Petition.
In a phased approach, USCIS has begun transferring responsibility for the final adjudication of Form I-730 petitions from USCIS service centers to USCIS international field offices in cases where the beneficiaries reside abroad and where the service center has not found a basis for denial of the petition prior to the case transfer. Procedures for I-730 cases where USCIS does not have an overseas office covering the beneficiary’s location and a Department of State officer interviews the beneficiary are not currently affected.  This improvement does not change the requirements for the Form I-730 petition. Likewise, it does not alter processing times and will not place additional requirements on petitioners, beneficiaries and representatives.
Phase One began on April 1, 2014, and only involved cases with beneficiaries residing in China. Phase Two begins onJune 13, 2016 and will involve cases with beneficiaries living in countries with USCIS international field offices, except for Haiti, Thailand and Kenya. (Please find a list of counties with USCIS field offices on the International Immigration OfficesWeb page.) For these cases, the USCIS international field office in the beneficiary’s country will conduct the interview and complete the final case adjudication in the following instances:

• The Form I-730 has not been adjudicated at a USCIS service center on or before June 13, 2016, and
• The USCIS service center has not found any reason to deny the Form I-730 before the case is transferred abroad for the beneficiary’s interview.

When we transfer a case overseas, we will send a transfer notice to the petitioner and any representative identifying the USCIS international field office responsible for adjudicating the Form I-730. When the USCIS international field office receives the petition, it will notify the petitioner, beneficiary and any representative, and will provide further processing instructions. If you receive a notification of transfer, please remember that the documentation on your case may take up to two months to reach a USCIS international field office.
For additional information about these improvements, as well as contact information for USCIS international field offices, please visit our Form I-730 Web page.
Kind Regards,
USCIS Public Engagement Division

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Nebraska Service Center to Begin Processing Certain Form I-918 Cases

From USCIS:

In July, the Nebraska Service Center (NSC) will begin processing cases involving Form I-918, Petition for U Nonimmigrant Status. Sharing this workload with the Vermont Service Center (VSC) will balance workloads between centers and provide flexibility as USCIS works towards improving processing times, efficiency and customer service to this victim population.  USCIS will implement the transition in phases,    which will allow NSC officers to receive specialized training and mentoring from VSC officers who currently adjudicate U nonimmigrant petitions and gain experience in adjudicating the U nonimmigrant petitions before they begin processing these cases. The filing location and instructions for these forms will not change at this time. Please continue to file the forms at the address listed under Where to File in the Form I-918 instructions and Web page. The safe address procedures and confidentiality protections will continue to apply. Please note that the statutory cap of 10,000 U visas each year has not changed. How You Will Be Affected If We Transfer Your Case If we transfer your case, we will send you a transfer notice. Your original receipt number will not change, and the transfer will not delay the processing of your case.   How to Track the Status of Your Case or Change Your Address Attorneys and petitioners should follow the normal guidelines in place in order to get information on their case or to update their address. If you are an attorney or representative, you can: Email us at HotlineFollowupI918I914.vsc@uscis.dhs.gov, or Call us at 802-527-4888 If you are a petitioner or applicant, you can: Send us written correspondence with an original signature, or If you are asking about a related application or petition, visit case status online USCIS will hold a national stakeholder engagement on June 16, 2016 to address questions about the workload share. For information on how to participate in these events, please visit uscis.gov/outreach.

California sees surge in Chinese illegally crossing border from Mexico - LA Times

http://www.latimes.com/local/lanow/la-me-ln-chinese-border-california-20160607-snap-story.html

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From Mexico

The Department of State’s Visa Bulletin for July 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from Mexico. This means that starting on July 1, 2016, applicants from Mexico who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.                                                                   Mexico has reached its EB-4 visa limit as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State’s October Visa Bulletin, which will be published this September. EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile (SIJ). What this action means to EB-4 applicants from Mexico: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant Petitioners from any country, including Mexico, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve. Form I-485, Application to Register Permanent Residence or Adjust Status The final action date is January 1, 2010. This final action date will became effective July 1. USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until June 30, 2016, and will continue to adjudicate applications while visas remain available. If you file Form I-485 under the EB-4 classification on or after July 1, 2016: We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved.  We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected). EB-4 applicants from other countries As of July 1, 2016 there is a final action date of January 1, 2010 for special immigrant applicants for adjustment of status from Mexico, El Salvador, Guatemala and Honduras. Applicants from El Salvador, Guatemala, and Honduras should refer to Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from El Salvador, Guatemala, and Honduras. We will update this page if any other countries reach their EB-4 visa limits.

USCIS Updates Forms G-1041 and G-1041A

From USCIS:

Yesterday, we published new editions of Form G-1041, Genealogy Index Search Request, and Form G-1041A, Genealogy Records Request. The new edition date for both forms is 05/19/16. Starting 08/08/2016, USCIS will only accept the 05/19/16 editions. Until then, you can continue to use the 12/17/12 editions.

For more information, please visit our Forms Updates page.

Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA) on Implementation Day

From the U.S. Treasury Department:

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/jcpoa_faqs.pdf

USCIS Updates Form I-131, Application for Travel Document

From USCIS:

Good Morning, Today, we posted an updated edition of Form I-131, Application for Travel Document. The new edition is dated 05/03/16. We will also accept the 01/22/16 and 03/22/13 edition. For more information, please visit our Forms Updates page.

USCIS Message: Policy Memorandum: PM-602-0134, Signature Requirement

Dear Stakeholder, USCIS has posted the following memorandum for your review: Policy Memorandum: PM-602-0134, Signature Requirement  Note: The above memorandum is interim guidance and will be effective on June 21, 2016.  Final date for feedback: July 1, 2016 If you are unable to access the memorandum through the links provided above, please do the following: Go to uscis.gov/outreach Select “Feedback Opportunities” on the left side of the page Select “Interim Memoranda for Comment”    Kind Regards, USCIS Public Engagement Division PM-602-0134, Signature Requirement Stakeholder Message.pdf

USCIS: Clarification on CW-1 Extension of Stay Petitions

From USCIS:

On May 20, USCIS announced that it had received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for fiscal year (FY) 2016.  May 5was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016. We are clarifying that although extension of stay petitions for current CW-1 workers are counted toward the CW-1 cap, these petitions will be accepted under certain circumstances.

CW-1 Extension of Stay Petitions
All CW-1 workers are subject to the cap unless the worker has already been counted toward the cap in the same fiscal year. The U.S. government’s fiscal year begins on October 1 and ends on September 30.

If CW-1 workers were already counted toward the CW-1 cap for FY 2016, meaning that their previous employment start date was on or after October 1, 2015, then their employer can file a petition to change employers or extend CW-1 status in FY 2016, even though the FY 2016 CW-1 cap was reached on May 5, 2016.

Additionally, we are currently accepting CW-1 petitions requesting an employment start date on or after October 1, 2016, which are counted toward the FY 2017 CW-1 cap.

We encourage CW-1 employers to file a petition for a CW-1 nonimmigrant worker up to 6 months in advance of the proposed employment start date, and as early as possible within that timeframe. We will reject a petition if it is filed more than 6 months in advance.

Alternate Classifications
We encourage employers and employees to review the Working in the U.S. pages of our website for a list of all available classifications for temporary and permanent workers. Click the links to read a general description of each classification, eligibility criteria and other filing requirements.

Read more information about the CW-1 work program, or call the National Customer Service Center at 800-375-5283 (TTY800-767-1833).

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USCIS Message: Haitian Family Reunification Parole (HFRP) Program

From USCIS:

Dear Stakeholder,  We are pleased to share with you an important update regarding the Haitian Family Reunification Parole (HFRP) Program. On Friday June 3, with the help of the U.S. Department of State’s National Visa Center (NVC), U.S. Citizenship and Immigration Services (USCIS) issued the third round of invitations to apply for the HFRP Program.  The HFRP Program allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before Dec. 18, 2014, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. Once paroled into the United States, these beneficiaries will be able to apply for work permits while waiting for their immigrant visas to become available. Once their visa is available, they can apply for lawful permanent resident status.  The invitations that were sent to eligible petitioners provide instructions on how to apply to the program and also include important information petitioners should consider as they determine if the program is right for them and their eligible family members. Only individuals who receive an invitation will be eligible to apply for the HFRP Program on behalf of their family members. For additional information on the invitation process, please seeuscis.gov/HFRP.  If you believe that you may be eligible for this program, please ensure that the NVC has your most current mailing and email address. You may update your mailing address by emailing the NVC at asknvc@state.gov or by completing thePublic Inquiry Form on the NVC’s website at travel.state.gov.  Kind regards,  U.S. Citizenship and Immigration Services   Public Engagement Division

USCIS Posts Updated Editions of Forms I-910, G-28, G-28I, and G-1055

USCIS posted updated editions to the following forms: Form I-910, Application for Civil Surgeon Designation. Edition dated 05/10/16. Starting 08/05/2016, USCIS will only accept the 05/10/16 edition. Until then, you can use the 10/22/13 edition. You can find the edition date at the bottom of the page on the Form and Instructions. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Edition dated 05/05/16. We will also accept the 03/04/15 edition. You can find the edition date at the bottom of the page on the Form and Instructions. Form G-28I, Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States. Edition dated 05/05/16. We will also accept the 03/04/15 edition. You can find the edition date at the bottom of the page on the Form and Instructions. Form G-1055, Fee Schedule, was updated to reflect a change for Form I-131.  For more information, please visit our forms updates page.

SEC Halts EB-5 Scheme Stealing Investments In Cancer Center

http://www.newsroomamerica.com/story/576530/sec_halts_eb-5_scheme_stealing_investments_in_cancer_center.html

Oakland EB-5 Company Crumbles

http://www.bizjournals.com/sanfrancisco/blog/real-estate/2016/06/tom-henderson-oakland-eb-5-callsocket-jobs.html

Nebraska Service Center to Accept Certain H-1B Petitions

On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitioner requests a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a requested action in Question 4 to:

• Notify the office in Part 4 so the beneficiary can obtain a visa or be admitted. (Box a. on Part 2, Question 4, Page 2 of the current Form I-129);
• Extend the stay of the beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129); or
• Extend the status of a nonimmigrant classification based on a free trade agreement. (Box e. on Part 2, Question 4, Page 2 of the current Form I-129)

The NSC will also accept any:

• Concurrently filed H-4 Form I-539, Application to Extend/Change Nonimmigrant Status, and
• Concurrently filed Form I-765, Application for Employment Authorization, for certain H-4 nonimmigrants. 

If you are filing a standalone Form I-539 and/or Form I-765 for H-4 nonimmigrants, please refer to the Filing Addresses for Form I-539 page or the Direct Filing Addresses for Form I-765 page for proper filing addresses.

The California Service Center (CSC) and the Vermont Service Center (VSC) may continue to accept these petitions during the transition period, which ends Aug. 31, 2016.

These petitions should be mailed to:

USPS Mail:	Courier (FedEx, UPS, etc.) Mail:
USCIS Nebraska Service Center PO Box 87129 Lincoln, NE 68501-7129	USCIS Nebraska Service Center 850 ‘S’ Street Lincoln, NE 68508

Petitioners should continue to file all other H-1B/H-1B1 petitions with the CSC and the VSC based on the instructions on the Direct Filing Addresses for Form I-129 page.

Additionally, petitioners who are statutorily exempt from the H-1B numerical limitation, or are filing a cap-exempt petition to employ the beneficiary at an institution of higher education, nonprofit entity related to or affiliated with an institution of higher education, a nonprofit research organization, and/or a governmental research organization should continue to file their H-1B cap-exempt petitions with the CSC.