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.

Thursday, December 28, 2017

USCIS Timelines For December 2017

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,


EB-5 Timelines:

FormTitleClassification or Basis for Filing:Processing Cases As Of Date:
I-526Immigrant Petition By Alien EntrepreneurFor use by an entrepreneur who wishes to immigrate to the United StatesNovember 21, 2015
I-829Petition by Entrepreneur to Remove ConditionsRemoval of lawful permanent resident conditions (immigrant investors)September 2, 2015
I-924Application For Regional Center Under the Immigrant Investor Pilot ProgramI924 - Application For Regional Center Under the Immigrant Investor Pilot ProgramOctober 18, 2015

Statement from the U.S. Mission to Turkey on the Full Resumption of Visa Services

https://tr.usembassy.gov/statement-u-s-mission-turkey-full-resumption-visa-services/

Trump Administration Is Set to Add Another Burden on Immigrants

https://amp.thedailybeast.com/trump-administration-is-set-to-add-another-burden-on-immigrants?source=twitter&via=mobile&__twitter_impression=true

U.S. memo weakens guidelines for protecting immigrant children in court

http://mobile.reuters.com/article/amp/idUSKBN1EH037?__twitter_impression=true

Trump Sends Fewer Mexicans Home Despite Deportation Talk

https://www.bloomberg.com/news/articles/2017-12-27/trump-sends-fewer-mexicans-back-home-despite-deportation-talk

Homeland Security Goes Abroad. Not Everyone Is Grateful.

https://www.nytimes.com/2017/12/26/world/americas/homeland-security-customs-border-patrol.html

Friday, December 22, 2017

Trump Administration Considers Separating Families to Combat Illegal Immigration

https://mobile.nytimes.com/2017/12/21/us/trump-immigrant-families-separate.html?_r=0&referer=http://www.targetliberty.com/2017/12/trump-administration-considers.html?m=1

Trump Repeals Obama-Era Rule That Allowed H1-B Visa Holder's Spouses to Work

http://amp.timeinc.net/fortune/2017/12/15/trump-repeals-obama-era-rule-that-allowed-h1-b-visa-holders-spouses-to-work?__twitter_impression=true

Updated USCIS Procedures for Cuba

From USCIS:

Due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS will temporarily suspend operations at its field office in Havana, effective immediately. During this time, the USCIS field office in Mexico City, Mexico, will assume Havana’s jurisdiction, which includes only Cuba.


Individuals who live in Cuba must follow these filing instructions: 
Service/Form
Filing Instructions
Form I-130, Petition for Alien RelativeFile your petition by mail with the lockbox facility in Chicago. You can find additional filing information on the Form I-130 webpage.
Form I-131A, Application for Travel Document (Carrier Documentation)If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the United States, you can file your Form I-131A with any U.S. Embassy Consular Section orUSCIS international field office outside of Cuba. If you have a pending Form I-131A application, USCIS will be contacting you to provide further instructions on the processing of your case.
Form I-407, Record of Abandonment of Lawful Permanent Resident Status
Submit your Form I-407 by mail to the Mexico City Field Office or present it in person to any U.S. Embassy or Consulate or USCIS international field office outside of Cuba.
Form I-730, Refugee/Asylee Relative PetitionYou must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
We are working with the U.S. Department of State to reschedule any Form I-730 cases that were in-process at the U.S. Embassy in Havana and will be contacting affected petitioners and beneficiaries in the near future. For Form I-730 cases not yet scheduled for interview, the U.S. Department of State’s National Visa Center will notify concerned parties when an interview is scheduled at a designated post.
Form N-400, Application for NaturalizationIf you are a member of the U.S. military and are stationed overseas, please see the Form N-400 form page or call 800-375-5283 for the most current form filing instructions. We will forward the application to the appropriate international field office. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.
Cuban Family Reunification Parole (CFRP) ProgramWe are working with the U.S. Department of State to ensure that the CFRP Program continues to operate and will announce arrangements for interview/travel document processing for CFRP beneficiaries soon.
Cuban Medical Professional Parole (CMPP) Following-to-Join Spouse or ChildWe are working with the U.S. Department of State to ensure that CMPP following-to-join cases continue for spouses and children to be processed and will announce arrangements for interview/travel document processing soon.

General information about the U.S. Embassy in Havana is available on the 
embassy website. You may also contact the embassy by calling 011(53)(7)839-4100 or by mailing:
U.S. Embassy Havana
Calzada between L & M, Vedado Havana, Cuba
For emergency inquiries, you can continue contacting the Havana Field Office athavanauscis@dhs.govFor any other information on the services we provide, please contact the USCIS field office in Mexico City.
For more information on USCIS and its programs, visit uscis.gov.

– USCIS –

State Department tells refugee agencies to downsize U.S. operations

https://www.reuters.com/article/us-usa-immigration-refugees-exclusive/exclusive-state-department-tells-refugee-agencies-to-downsize-u-s-operations-idUSKBN1EF2S5

Wolfsdorf: How We Overturned a Denial and Acquired an Immigrant Visa for a 24-Year-Old Derivative Child

https://wolfsdorf.com/blog/overturned-denial-acquired-derivative-child/?utm_source=Wolfsdorf+Rosenthal+LLP&utm_campaign=f1678fa52d-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_997aea4341-f1678fa52d-88284629

Bill Introduced to change DHS Postal methods

Strengthening the Department of Homeland Security Secure Mail Initiative Act
This bill directs the Department of Homeland Security (DHS) to provide for an option under which a person to whom a document is sent under the Secure Mail Initiative may elect to have the U.S. Postal Service (USPS) use the Hold for Pickup service or the Signature Confirmation service in delivering the document.
DHS shall require payment of a fee for such services, which shall be deposited into the Immigration Examinations Fee Account and used to cover DHS and USPS costs of providing such services. The USPS: (1) may promulgate regulations that minimize such costs and do not require it to incur additional expenses that are not recoverable, and (2) shall notify DHS of any changes to such services.
If DHS determines that substantially similar services offered by a private carrier would provide better service and value than the USPS services, it may discontinue use of theUSPS services and enter into a contract with the private carrier.

Practice Alert: CSC Premium Processing Notices Indicating “NCP” Classification

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Visa Bulletin January 2018

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

Practice Alert: Errors in Instructions to Form I-941, Application for Entrepreneur Parole

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Thursday, December 21, 2017

USCIS Updates Policy on Determining Cuban Citizenship for Those Born Outside of Cuba

From USCIS:

USCIS is no longer considering a consular certificate documenting an individual’s birth outside of Cuba to a Cuban parent as sufficient evidence of Cuban citizenship. This policy memorandum aligns with Cuban law and applies to individuals born outside of Cuba applying for lawful permanent resident status in the United States under the Cuban Adjustment Act (CAA).
The updated policy memorandum rescinds Matter of Vazquez as an adopted decision, which held that a Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is accepted as proof of Cuban citizenship. Under the updated guidance, USCIS will not consider a consular certificate as sufficient proof of Cuban citizenship. This will be the case even if the consular certificate contains a statement of citizenship.
USCIS will continue to accept valid Cuban passports and Cuban Civil Registry documents issued in Havana as proof of Cuban citizenship.
Interim and final policy memos are official USCIS policy documents and are effective the date the memos are issued. For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram (@USCIS).

USCIS Form Update: I-751 and I-129CW

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):
12/21/2017 12:00 AM EST

New edition dated 12/05/17. Starting 02/19/2018, we will only accept the 12/05/17 edition. Until then, you can use the 12/23/16 edition. 
12/21/2017 12:00 AM EST

New edition dated 12/11/17. Starting 02/19/2018, we will only accept the 12/11/17 edition. Until then, you can use the 12/23/16 edition. 

USCIS Reaches H-2B Cap for First Half of FY 2018

From USCIS:

U.S. Citizenship and Immigration Services has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018.
Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after Dec. 15 that request an employment start date before April 1, 2018.
USCIS continues 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 United States 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 in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2019.
USCIS is currently accepting cap-subject petitions for the second half of FY 2018 for employment start dates on or after April 1, 2018.
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct.1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - Sept. 30).
We encourage H-2B petitioners to visit the H-2B Fiscal Year (FY) 2018 Cap Season Web page.
For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

Monday, December 18, 2017

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

From USCIS:

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement.

This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods. The definition specifically excludes market research and marketing analyst occupations.
Interim and final policy memos are official USCIS policy documents and go into effect on the date the memos are issued.

USCIS is committed to carrying out the directives of the President’s Buy American and Hire American Executive Order to better protect the interests of U.S. workers. Ensuring the integrity of guest worker programs is consistent with our Buy American, Hire American initiatives.

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

Friday, December 15, 2017

Re-Registration Period Now Open for Nicaraguans with Temporary Protected Status

From USCIS:

TPS Nicaragua Ending in January 2019
WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of Jan. 5, 2019, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in theFederal Register and on www.uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free on USCIS’ website at http://www.uscis.gov/tps.
USCIS will issue new Employment Authorization Documents (EAD) with a Jan. 5, 2019 expiration date to eligible Nicaraguan TPS beneficiaries who timely re-register and apply for EADs.  Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018.  Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Nicaragua for 60 days, through March 6, 2018.  Additionally, Nicaraguan TPS beneficiaries who timely re-register and properly file applications for an EAD will have the validity of their current EADs automatically extended for up to 180 days from the date their current EADsexpire, through July 4, 2018.
In November, former Acting Secretary of Homeland Security Elaine Duke determined that conditions in Nicaragua no longer support its designation for TPS. Duke made her decision to terminate Nicaragua’s TPS designation after reviewing country conditions and consulting with appropriate U.S. government agencies. However, Duke delayed the effective date of the termination by one year from the current expiration date of Jan. 5, 2018, to allow time for an orderly transition for those affected.  With the delayed effective date, Nicaragua’s TPS designation will end Jan. 5, 2019.  
Nicaraguans with TPS may wish to consult with qualified immigration attorneys or practitioners about their eligibility for another immigration status or benefit, or whether there is any other action they may want to take regarding their individual immigration circumstances.
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).