John Q Khosravi Law Firm

Please contact our office for more information:

John Q. Khosravi Immigration Law Firm (JQK Law Firm)



Phone: (818) 934-1561

Skype: john.khosravi

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

Monday, December 24, 2018

EOIR Releases Memo on Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct

Lapse in Federal Funding Does Not Impact Most USCIS Operations

Appeals court knocks down rulings in Iraqi deportation case

[UK] Visa outsourcing service puts applicants at risk of deportation

Protesters bring pictures of dead asylum-seekers to Customs and Border Patrol head’s home

Greyhound tells riders of rights when Border Patrol comes on board

The Day That Could Ruin Your Life – February 5, 2019 (Student Non-Immigrants)

USCIS Stops Email Case Assistance by Service Centers

Friday, December 21, 2018

Is Denaturalization the Next Front in the Trump Administration’s War on Immigration?

Calif. Federal Judge Blocks Trump Asylum-Seeker Entry Rules

Asylees at Mexico Border to remain there during pending cases

New BIA Case about Misrepresentation

Illinois is officially a ‘sanctuary state’ for immigrants

I-751 Workload Transfer


We transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
  • Form I-751, Petition to Remove Conditions on Residence 
For more information, see our Workload Transfer Updates page.

Wednesday, December 19, 2018

Growth in the Immigration Court Backlog Continues in FY 2019

Report: Russians Fuel South Florida 'Baby Boom' for Birthright Citizenship

Judge strikes down Trump policy restricting asylum claims

‘A moral disaster’: AP reveals scope of migrant kids program

Update I-131 Instructions for Renewing AP

If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.

Tuesday, December 18, 2018

Tech Company Fails in Lawsuit Over Guestworker Visa Denials

DOL Crackdown on Work-Visa Fraud Coming Soon

Appeals Court Dusts Off Challenge to H-1B Spouses’ Work Permits

Yemeni mother wins visa fight to see her dying child in a California hospital

Dozens More Cambodian Immigrants to Be Deported From U.S., Officials Say

Justice Department Settles Immigration-Related Discrimination Claim Against Utah Cookie Retailer

Monday, December 17, 2018

Sunday, December 16, 2018

Lawsuit Challenging Delays in Asylum Screening Interviews and Bond Hearings Continues

US judge: Suit over Trump travel ban waivers will go ahead

Emirati mother seeks citizenship for son left stateless in legal anomaly

WA Law School Suspends ICE Externship Program After Student Complaint

Nielsen: 7-year-old's death is 'sad example of' the dangers faced by migrants

Ryan pushes for thousands of Irish visas before leaving office

Wednesday, December 12, 2018

What is Jared Kushner ‘Shielding’? Watchdog Granted Court Order for DHS to Disclose Any Role He Played in Renewing EB-5 Visa Program

USCIS Reaches H-2B Cap for First Half of FY 2019


WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019.
Dec. 6, 2018, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Dec. 6 that request an employment start date before April 1, 2019.
On Dec. 6, the number of beneficiaries USCIS had received petitions for surpassed the total number of H-2B visas available for the H-2B cap for the first half of FY 2019. In accordance with regulations, USCIS determined it was necessary to use a computer-generated process, commonly known as a lottery, to ensure the fair and orderly allocation of H-2B visa numbers to meet, but not exceed, the cap for the first half of FY 2019. On Dec. 11, 2018, USCIS conducted a lottery to randomly select petitions received on Dec. 6. As a result, USCIS assigned all petitions selected in the lottery the receipt date of Dec. 11. Premium processing service for petitions selected in the lottery also began on that date.
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. 21, 2029.
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) 2019 Cap Season page.

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

Britain Halts Suspension of Visa Program for Rich Investors

USCIS Policy Manual Update (Form N-648)


USCIS is revising guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on Form N-648, Medical Certification for Disability Exceptions. Please see the Policy Alert for more detailed information:
  • Policy Alert: Sufficiency of Medical Certification for Disability Exceptions Filing (Form N-648) (Final date for comments: Dec. 27, 2018)
This policy is effective on Feb. 12, 2019.
Visit the Policy Manual for Comment page for more information on stakeholder review and comment.

ICE arrests of illegal workers, employers up 700 percent in 2018

I-539 Workload Transfer


We transferred some of the following cases from the Vermont Service Center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac 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.

Monday, December 10, 2018

Customs officers searching more travelers' devices

USCIS Revises Interview Waiver Guidance for Form I-751


USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.
Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:
  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve.
When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.
This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”

Story on Private Immigration Prisons

USCIS Closes Havana Field Office on Dec. 10, 2018


USCIS will permanently close its field office in Havana, Cuba, on Dec. 10, 2018. The USCIS field office in Mexico City, Mexico, will assume the Havana Field Office’s jurisdiction over U.S. immigration matters for individuals who are in Cuba. The U.S. Department of State in Havana will also assume responsibility for certain services previously handled by USCIS.

U.S. Embassy visa services in Havana have been almost entirely suspended since November 2017 due to a drawdown in staffing as a result of attacks affecting the health of U.S. Embassy Havana employees. The U.S. Department of State and USCIS continue to explore options to resume consular and other immigration services in alternate locations. USCIS will inform individuals of alternate filing or processing instructions that are established.

Individuals who live in Cuba, or who petition for residents in Cuba, must follow these filing instructions:

Filing Instructions
File your petition by mail with the appropriate USCIS lockbox. You can find additional filing information on the Form I-130 page.
If you are a lawful permanent resident who has lost your Green Card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. Embassy Consular Section or USCIS international field office outside of Cuba.

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.
You must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
USCIS is working with the Department of State to reschedule any Form I-730 interviews that were in process at the U.S. Embassy in Havana. USCIS will contact affected petitioners and beneficiaries to inform them of any alternate processing instructions that are established. For Form I-730 cases not yet scheduled for interview, the Department of State’s National Visa Center will notify concerned parties when an interview is scheduled at a designated post.
Please see the Form I-730 page for more information.
If you are a member of the U.S. military and are stationed overseas, please see the Form N-400 page or call 800-375-5283 for the most current form filing instructions. USCIS 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.

The Department of State and USCIS are determining arrangements for processing applications under the CFRP Program. We will communicate additional details as they become available.

USCIS is working with the Department of State to ensure that CMPP following-to-join cases for spouses and children continue to be processed and will announce arrangements for interview/travel document processing.

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 any other information on services provided, please contact the USCIS Mexico City Field Office.

For more information on USCIS and its programs, visit

Rosenstein’s Call for New Immigration Court Called Unrealistic

Tuesday, December 4, 2018

Attorney General Refers Matter of Castilla-Perez to himself

Court cites free speech in striking down part of federal law over statements on illegal immigration

Florida man says ICE requested he be held for deportation to Jamaica

USCIS Policy Alert: Marriage and Living in Marital Union Requirements for Naturalization

USCIS Policy Update: Special Naturalization Provisions for Children

Attorney General Refers Matter of L-E-A- to himself

Attorney General Refers Matter of L-E-A- to himself

USCIS Offices Closed Wednesday


National Day of Mourning for President George H.W. Bush
WASHINGTON—President Trump has declared Wednesday, Dec. 5, a national day of mourning to remember the life and legacy of George H.W. Bush, the 41st president of the United States. Accordingly, all U.S. Citizenship and Immigration Services (USCIS) offices will be closed Wednesday. USCIS will reschedule all naturalization ceremonies, interviews, and appointments set for that day.
USCIS will schedule new dates and promptly inform those affected. All applicants with biometric appointments scheduled for Wednesday will receive a new appointment notice within three weeks.
The USCIS Contact Center will be open from 8 a.m. to 9 p.m. Eastern time, but with limited live help. You can also get basic information about immigration services and ask questions about your case on our Tools page.
For more information about the naturalization process and filing online, visit our website at or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis) and Facebook (/uscis).

Monday, December 3, 2018

Episode 77 - Interview with Business Immigration Attorney Lorenz Wolffers. Discussing Current Immigration Trends and Practice.

Episode 77 - Interview with Business Immigration Attorney Lorenz Wolffers. Discussing Current Immigration Trends and Practice. Email: (LinkedIn)

Man who helped U.S. soldiers smuggle immigrants through Texas border sentenced to nearly 2 years in prison

How 3 Actors Overcame Trump’s Travel Ban to Take the New York Stage

63% of Non-Citizen Households Use Welfare, Justifying Public Charge Concerns

(Center for Immigration Studies)

Friday, November 30, 2018

USCIS Changes Advance Parole Policy for Immigrants

Separated by travel ban, Iranian families reunite at border library

DHS Proposes Merit-Based Rule for More Effective and Efficient H-1B Visa Program


WASHINGTON—The Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries. 
The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelors or higher degree in the specific specialty, or its equivalent. When USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap, a computer-generated random selection process, or lottery, is used to select the petitions that are counted towards the number of petitions projected as needed to reach the cap.
The proposed rule includes a provision that would enable USCIS to temporarily suspend the registration process during any fiscal year in which USCIS may experience technical challenges with the H-1B registration process and/or the new electronic system. The proposed temporary suspension provision would also allow USCIS to up-front delay the implementation of the H-1B registration process past the fiscal year (FY) 2020 cap season, if necessary to complete all requisite user testing and vetting of the new H-1B registration system and process. While USCIS has been actively working to develop and test the electronic registration system, if the rule is finalized as proposed, but there is insufficient time to implement the registration system for the FY 2020 cap selection process, USCIS would likely suspend the registration requirement for the FY 2020 cap season.
Currently, in years when the H-1B cap and the advanced degree exemption are both reached within the first five days that H-1B cap petitions may be filed, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first. Once a sufficient number of registrations or petitions have been selected for the H-1B cap, USCIS would then select registrations or petitions towards the advanced degree exemption. This proposed change would increase the chances that beneficiaries with a master’s or higher degree from a U.S. institution of higher education would be selected under the H-1B cap and that H-1B visas would be awarded to the most-skilled and highest-paid beneficiaries. Importantly, the proposed process would result in an estimated increase of up to 16 percent (or 5,340 workers) in the number of selected H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.
USCIS expects that shifting to electronic registration would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS. The proposed rule would help alleviate massive administrative burdens on USCIS since the agency would no longer need to physically receive and handle hundreds of thousands of H-1B petitions and supporting documentation before conducting the cap selection process. This would help reduce wait times for cap selection notifications. The proposed rule also limits the filing of H-1B cap-subject petitions to the beneficiary named on the original selected registration, which would protect the integrity of this registration system.
On April 18, 2017, President Trump issued the Buy American and Hire American Executive Order, instructing DHS to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of U.S. workers in the administration of our immigration system.” The EO specifically mentioned the H-1B program and directed DHS and other agencies to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”
Additional information on the proposed rule is available in the Federal Register. Public comments may be submitted starting Monday, December 3, when the proposed rule publishes in the Federal Register, and must be received on or before January 2, 2019.
For more information on USCIS and our programs, please visit or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).