JQKLaw.com Blog: April 2017

The policy memorandum “The Role and Use of Interpreters in Domestic Field Office Interviews” became USCIS policy on Jan. 17, 2017. However, to give USCIS customers time to become familiar with and adjust to the new policy requirements, we will not implement the policy until May 1, 2017.

We remind customers that, beginning on May 1, 2017, they will need to comply with the interpreter requirements set out in the policy memorandum and submit Form G 1256, Declaration for Interpreted USCIS Interview, at their interview. In mid-May, we will hold a public engagement to gather feedback on the public’s experience with the new interpreter policy.
For additional information, please refer to the Jan. 18, 2017 web alert about the policy.

Wednesday, April 26, 2017

Scam Alert: DHS OIG Hotline Telephone Number Used in Scam to Obtain Personal Information

From USCIS:

The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a fraud alert on April 19, 2017, to warn the public about a scam using the DHS OIG hotline telephone number. Scammers have identified themselves as “U.S. Immigration” employees and have altered their caller ID to seem like the call is coming from the DHS OIG hotline (1-800-323-8603). They then demand that the individual provide or verify personally identifiable information, often by telling individuals that they are victims of identity theft.

Read the DHS OIG fraud alert for more details.

If a Scammer Calls You

If you receive a call demanding personal information or payment, hang up immediately. If you want to verify whether a call is from USCIS, you may:

* Call our National Customer Service Center at 800-375-5283 to ask if you need to do anything about your case or immigration status,

* Make an InfoPass appointment at http://infopass.uscis.gov, or

* Use myUSCIS to find up-to-date information about your application.

Remember, USCIS officials will never threaten you or ask for payment over the phone or in an email. If we need payment, we will mail a letter on official stationery requesting payment. Do not give payment over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.

How to Report a Call from a Scammer

If you receive a scam email or phone call, report it to the Federal Trade Commission at http://1.usa.gov/1suOHSS. If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster at uscis.webmaster@uscis.dhs.gov. USCIS will review the emails received and share with law enforcement agencies as appropriate. Visit the Avoid Scams Initiative at www.uscis.gov/avoid-scams for more information on common scams and other important tips.

Monday, April 24, 2017

Acting Brooklyn District Attorney Eric Gonzalez Announces New Policy Regarding Handling of Cases against Non-Citizen Defendants

http://www.brooklynda.org/2017/04/24/acting-brooklyn-district-attorney-eric-gonzalez-announces-new-policy-regarding-handling-of-cases-against-non-citizen-defendants/

USCIS Form I-407 Update Notice

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):

Update to Form I-407, Record of Abandonment of Lawful Permanent Resident Status

04/24/2017 03:06 PM EDT

New edition dated 03/31/17. You can also use previous editions.

For more information, please visit our Forms Updates page.

Saturday, April 22, 2017

Justice Department Settles Immigration-Related Discrimination Claim Against Florida Roadside Assistance Services Company

https://www.justice.gov/opa/pr/justice-department-settles-immigration-related-discrimination-claim-against-florida-roadside

Friday, April 21, 2017

Immigration Lawyers Podcast Episode 35

Weekly Update, Tips & News April 10-16, 2017: Trump's Immigration World & Clients, ICE and CBP Crackdowns, L-1B Mess, Scanners and More

Show Notes:

Childhood Alzheimer, Marian's Story: http://abcnews.go.com/Health/toddler-childhood-alzheimers-symptoms-experimental-treatment/story?id=46726381

Donate:

https://www.hopeformarian.com/, and/or https://www.gofundme.com/hopeformarian.

Emirates grounds a fifth of its flights to the U.S. due to falling demand amid Trump's laptop ban and immigration order

http://www.dailymail.co.uk/news/article-4425460/Emirates-trims-US-flights-Trump-administration-curbs.html

It could get a lot harder for Europeans to visit America

http://money.cnn.com/2017/04/19/news/us-visa-waiver-program-europe-tourism/index.html

Trump administration may change rules that allow terror victims to immigrate to the US

http://www.businessinsider.com/r-trump-administration-may-change-rules-that-allow-terror-victims-to-immigrate-to-us-2017-4

Thursday, April 20, 2017

Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs Affected by the ACICS Loss of Accreditation

From USCIS:

On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related programs:

English language study programs, as the programs are required to be accredited under theAccreditation of English Language Training Programs Act.
F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, as the regulations require them to use a degree from an accredited, Student and Exchange Visitor Program (SEVP)-certified school as the basis of their STEM OPT extension. The school must be accredited at the time of the application; this is the date of the Designated School Official’s (DSO) recommendation on the Form I-20.

SEVP will provide guidance to affected students in notification letters, should their schools’ certification be withdrawn. However, students enrolled at an ACICS-accredited school should contact their designated school officials (DSOs) immediately to better understand if and how the loss of recognized accreditation will impact the F/M student’s status and/or immigration benefits application(s).

If an ACICS-accredited school voluntarily withdraws from SEVP certification or cannot provide evidence in lieu of accreditation for programs listed on their Form I-17, international students at these schools will have 18 months to:

Transfer to a new SEVP-certified program;
Continue their program of study until the current session end date listed on their Form I-20 (not to exceed 18 months); or
Depart the United States.

After this 18-month grace period, SEVP will terminate the SEVIS records of any active F/M student at an ACICS-accredited school who has not transferred to an SEVP-certified school or departed the United States. Please note, this guidance applies equally to all F/M students—regardless of program of study and the 18-month period is valid for English as a Second Language (ESL) students as well.

ACICS-accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school selects to voluntarily withdraw its certification or is withdrawn by SEVP. If a student’s ACICS-accredited school is able to provide evidence of an ED-recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

English Language Study Programs

USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after December 12, 2016, requesting a change of status or reinstatement in order to attend an ACICS-accredited English language study program. Upon receiving an RFE, individuals will have an opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from an accredited school, USCIS will deny a change of status or reinstatement request because the program of study is no longer accredited by an entity recognized by ED.

For more information about the loss of ACICS accreditation on English language study programs, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

The 24-Month STEM OPT Extension Program

F-1 students wishing to participate in the STEM OPT extension must have a degree from an ED-recognized accredited U.S. educational institution at the time they file their STEM OPT application. As noted above, USCIS considers the filing of the application to be the date of the DSO’s recommendation on the Form I-20.

USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if:

The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
The student’s DSO recommendation for a STEM OPT extension, and as indicated on Form I-20, is dated on or after December 12, 2016 (i.e., the date on which ACICS ceased to be recognized as an accrediting agency).

Because there is a requirement that students use a STEM degree from an accredited, SEVP-certified school at the time of application, the ACICS loss of accreditation prevents these students from qualifying for a STEM OPT extension. Students who receive a denial will have 60 days to prepare for departure from the United States, transfer to a different school, or to begin a new course of study at an accredited, SEVP-certified school.

Students whose Forms I-20 have a DSO recommendation date prior to December 12, 2016, are not affected. For more information about the impact of loss of ACICS recognition on the STEM OPT extension program, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

New Direct Filing Addresses for L, O, and P Nonimmigrant Petitions for Beneficiaries in Florida, Georgia, and North Carolina

From USCIS:

USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:

Starting May 20, 2017, anyone requesting L, O, or P nonimmigrant status for a beneficiary who will be working or training in Florida, Georgia, or North Carolina must file the Form I-129, Petition for a Nonimmigrant Worker and/or Form I-129S, Nonimmigrant Petition Based on Blanket L Petition with the California Service Center. Starting July 20, 2017, USCIS will reject forms sent to the wrong service center.
If you are filing a P major league sports-related petition, you must continue to file Form I-129 with the Vermont Service Center.

Please go to our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker web page to determine where to file your forms.

USCIS Workload Transfer Update

From USCIS:

Dear Stakeholder,

From January 5 through March 28, USCIS began sending some cases between service centers in order to balance workloads. We have updated our Workload Transfer Updates page with this information:

Some Forms I-765, Application for Employment Authorization, for F, M, and J nonimmigrants went from the California Service Center (CSC), the Nebraska Service Center (NSC) and the Texas Service Center (TSC) to the Potomac Service Center (PSC).
Some Forms I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants went from the VSC to the CSC
Some Forms I-129, Petition for a Nonimmigrant Worker, for petitioners requesting H-1B nonimmigrant classification went from the VSC to the CSC
Some Forms I-130, Petition for Alien Relative, for immediate relatives went from the NSC to the PSC and the TSC
Some Forms I-129, Petition for a Nonimmigrant Worker, for petitioners seeking L, O, and P nonimmigrant classification went from the VSC to the CSC (except for major league sports-related P petitions which will remain with the VSC)
Some Forms I-129S, Nonimmigrant Petition Based on Blanket L Petition, for L nonimmigrant classification when from the VSC to the CSC
Some Forms I-539, Application to Extend/Change Nonimmigrant Status, for applicants seeking the L-2, O-3, and P-4 nonimmigrant classifications that are filed together with Form I-129 went from the VSC to the CSC (except for major league sports-related P petitions which will remain with the VSC)
Some Forms I-765, Application for Employment Authorization, for applicants seeking L-2 status went from the VSC to the CSC

Wednesday, April 19, 2017

Deported ‘Dreamer’ Juan Manuel Montes Sues Trump Administration for Answers

http://www.nbcnews.com/news/latino/deported-dreamer-juan-manuel-montes-sues-trump-administration-answers-n748061

New USCIS Policy Memo On Provisional Certificates

From USCIS:

The following immigration policy memorandum is now available on the Policy Memoranda section of the USCIS website:

Matter of O-A-, Inc., Adopted Decision 2017-03 PM-602-0144

Matter of O-A-, Inc. clarifies that USCIS must conduct a case-specific analysis to determine whether, at the time a provisional certificate is issued, a beneficiary has completed all substantive requirements to earn the degree and whether the university or college has approved the degree. If the provisional certificate does so demonstrate, USCIS will consider the date of the provisional certificate for purposes of calculating post-baccalaureate experience.

USCIS Reminds Beneficiaries of Temporary Protected Status for Guinea, Liberia, and Sierra Leone of May 21 Termination

From USCIS:

USCIS Reminds Beneficiaries of Temporary Protected Status for Guinea, Liberia, and Sierra Leone of May 21 Termination
USCIS is reminding the public that the designations of Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone terminate effective May 21, 2017.

To provide sufficient time for an orderly transition, the Department of Homeland Security gave beneficiaries under these three designations 8 months advance notice of the expiration by publishing 3 notices in the Federal Register on Sept. 22, 2016 (one for each country). These notices urged individuals who did not have another immigration status to use the time before the terminations became effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.

Although TPS benefits will no longer be in effect starting May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. Individuals with no other lawful immigration status on May 21, 2017, will no longer be protected from removal or eligible for employment authorization based on TPS.

TPS-related Employment Authorization Documents issued under the Guinea, Liberia, and Sierra Leone designations are only valid through May 20, 2017, and will not be renewed or extended.

After reviewing country conditions and consulting with the appropriate U.S. government agencies, former Secretary of Homeland Security Jeh Johnson determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for TPS. The widespread transmission of Ebola virus in the three countries that led to the designations has ended.

Additional information about TPS is available at uscis.gov/tps.

For more information about USCIS, visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram(/uscis).

USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents

From USCIS:

U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.

The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.

The Redesigned Cards

The new Green Cards and EADs will:

Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
- Green Cards will have an image of the Statue of Liberty and a predominately green palette;
- EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card. For additional information on which EADs are covered, please visit the Temporary Protected Status and American Competitiveness in the 21st Century Act web pages on uscis.gov.
Both versions are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE). Some older Green Cards do not have an expiration date. These older Green Cards without an expiration date remain valid. Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Eligibility for Green Cards and EADs

For more information about the Green Card application process, please visit USCIS.gov/greencard.
To request an EAD, you must file Form I-765, Application for Employment Authorization. Visit uscis.gov for more information about EADs.

Monday, April 17, 2017

USCIS Completes the H-1B Cap Random Selection Process for FY 2018

From USCIS:

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.
The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap.

As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

* Extend the amount of time a current H-1B worker may remain in the United States;
* Change the terms of employment for current H-1B workers;
* Allow current H-1B workers to change employers; and
* Allow current H-1B workers to work concurrently in a second H-1B position.

Sunday, April 16, 2017

Border Patrol and ICE Are Losing Officers, Recruits and Can’t Keep Up With Trump Executive Order

https://www.yahoo.com/news/border-patrol-ice-losing-officers-212001947.html

Saturday, April 15, 2017

Prosecutor: Jeff Sessions’s New Immigration Plan Is ‘F*cking Horrifying’

http://www.thedailybeast.com/articles/2017/04/12/prosecutor-jeff-sessions-new-immigration-plan-is-f-cking-horrifying.html?via=desktop&source=twitter

Trump administration moving quickly to build up nationwide deportation force

https://www.washingtonpost.com/politics/trump-administration-moving-quickly-to-build-up-nationwide-deportation-force/2017/04/12/7a7f59c2-1f87-11e7-be2a-3a1fb24d4671_story.html?tid=ss_tw&utm_term=.3a9b81e5faa0

Wednesday, April 12, 2017

Prostitute who gave Google exec fatal drug shot is deported

http://www.kake.com/story/35098012/prostitute-who-gave-google-exec-fatal-drug-shot-is-deported#.WO1dObX54vM.twitter

Tuesday, April 11, 2017

New Form N-648 Posted Today by USCIS

From USCIS:

Good afternoon,

We recently updated the following form:

Form N-648, Medical Certification for Disability Exceptions: New edition dated 03/21/17. Previous editions accepted.

For more information, please visit our Forms Updates page.

Immigration offenses make up a growing share of federal arrests

http://www.pewresearch.org/fact-tank/2017/04/10/immigration-offenses-make-up-a-growing-share-of-federal-arrests/

Monday, April 10, 2017

New USCIS Forms Issued I-129f, I-526, I-290b

From USCIS:

Good afternoon,
We recently updated the following forms:

Form I-129F, Petition for Alien Fiancé(e): New edition dated 04/10/17. Starting 06/09/2017, we will only accept the 04/10/17 edition. Until then, you can use the 12/23/16 edition.
Form I-290B, Notice of Appeal or Motion: New edition dated 04/10/17. Starting 06/09/17, we will only accept the 04/10/17 edition. Until then, you can use the 12/23/16 edition.
Form I-526, Immigrant Petition by Alien Entrepreneur: New edition dated 04/10/17. Starting 06/09/17, we will only accept the 04/10/17 edition. Until then, you can use the 12/23/16 edition.

John Q Khosravi Law Firm

Saturday, April 29, 2017

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

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

Form I-526 (Immigrant Petition by Alien Entrepreneur) Processing cases on 09/09/2015 Form I-829 (Petition by Entrepreneur to Remove Conditions) Processing cases on 10/01/2014 Form I-924 (Application for Regional Center) Processing cases 08/15/2015

Thursday, April 27, 2017

Wednesday, April 26, 2017

Monday, April 24, 2017

Saturday, April 22, 2017

Friday, April 21, 2017

Thursday, April 20, 2017

English Language Study Programs

The 24-Month STEM OPT Extension Program

Wednesday, April 19, 2017

Tuesday, April 18, 2017

Monday, April 17, 2017

Sunday, April 16, 2017

Saturday, April 15, 2017

Friday, April 14, 2017

Wednesday, April 12, 2017

Tuesday, April 11, 2017

Monday, April 10, 2017

Form I-526 (Immigrant Petition by Alien Entrepreneur)

Processing cases on 09/09/2015

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

Processing cases on 10/01/2014

Form I-924 (Application for Regional Center)

Processing cases 08/15/2015