Immigration Visa Attorney Blog

April 14, 2009

I-539 Extension of Stay Applications: Common Errors

Something as innocent as obtaining a nonimmigrant extension of stay (EOS) can be fraught with difficulty. As immigration lawyers here in Los Angeles, Romben Law, APC sees many people who have filed the the I-539 EOS application themselves, and the application has been denied or rejected because the applicants did not provide the immigration authorities with appropriate information. Always be sure:

1. the name on the application matches the name on the passport,

2. copies — do NOT send USCIS originals, unless USCIS specifically requests them in a letter to you — of the face-page, visa page, entry stamp, and the I-94 arrival document should be included,

April 10, 2009

Immigration Reform Debates on the Horizon – Announcement by White House

by Romben Law, APC

President Barack Obama campaigned on an platform for that included comprehensive immigration reform that would improve our immigration system and secure our borders. President Obama is keeping that promise in a White House announcement yesterday that he will push for immigration reform.

Among the topics for comprehensive immigration reform are:

a pathway to legalization for certain undocumented aliens

April 9, 2009

May Visa Bulletin: EB-2 Stays Current, EB-3 Now Unavailable (U)

by Romben Law, APC

The May Visa Bulletin shows that all employment-based third preference (EB-3) category visas are listed as “U,” or “unavailable.” This means that the USCIS cannot issue any immigrant visas (greencards) to people who are being sponsored under the EB-3 category until next October, when the new fiscal year begins and when immigrant visa numbers are replenished. This will affect hundreds of thousands of applicants who have been waiting for their greencard cases to become “current” for several years. Some applicants have been waiting since 2001 and even longer! What many applicants do not realize is that they could be eligible for an EB-2 or “second preference” category greencard if they meet certain requirements. Most people who are eligible for the EB-2 category are people who hold a master’s degree but some applicants who have more than 5 years of experience in their field may also qualify.

You should contact an immigration visa attorney if you believe you are eligible for an EB-2 category greencard application. Experienced immigration attorneys who regularly represent employers in the labor certification process (PERM) can identify strong second preference greencard cases. Although this is considered a more difficult case to present to the Department of Labor and to the USCIS, the benefits are immense. Instead of waiting 7 or more years for a greencard through the EB-3 category, waiting times under the EB-2 category can be reduced to 2-3 years, possibly less if you use a competent immigration attorney.

I am most proud of a case involving a professional worker who had many years of experience in her field of work. Even though she did not have a Master’s degree, we decided to pursue a more difficult EB-2 PERM case because one of her children was turning 21 years old within the year. If we chose the EB-3 route, this child would be considered “aged-out” upon her 21st birthday and that child would never derive a greencard from her mother’s petition. We decided to take a chance on the more difficult PERM case and earlier this year, the entire family (eldest child included) received their greencards thanks to our decision to file the EB-2 case and also because we benefitted from the Child Status Protection Act (CSPA) which can “freeze” a child’s age for immigration purposes.

April 9, 2009

H-1B Visa Quota Not Reached

by Romben Law, APC

US Citizenship and Immigration Service (USCIS) announced the H-1B cap count today. More than 20,000 H-1B slots are still open in the regular H-1B quota. There is still time to file an H-1B application! For those holding a US Master’s degree, USCIS announced receipt of approximately 20,000 advanced degree cases, but they will continue to accept more cases because many of the cases already received will not be approved. USCIS expects that many of the regular H-1B cases already filed will also be denied. This says a lot about the chances for an H-1B approval even when an application is accepted without going through a lottery.

We don’t know how long it will take to reach the cap, so If you want to file an H-1B, hire an immigration visa attorney now. I have seen many H-1B applicants file their own cases to save time or money. There is nothing more heartbreaking than seeing someone who has “won” the H-1B lottery only to lose their case because it was badly prepared either by themselves, an immigration consultant, or by a lawyer who did not know how to submit an approvable H-1B case.

In general, cases that are marginal will usually receive a Request for Evidence or “RFE” to give the applicant a chance to prove why their case should be approved. If you receive an RFE on your case, you need hire a competent immigration visa attorney even if he or she did not prepare your original case.

April 8, 2009

Have you Received an H-1B Receipt Notice from Premium Processing yet?

by Romben Law, APC

Since the USCIS has received less than the maximum number of cases it can accept, employers and applicants who opted for premium processing to get an expedited response for H-1B status will begin receiving receipt notices dated April 7, 2009, which will be counted as the first day in the 15 day period.

The USCIS did send out a few receipt notices dated last week. It is confirmed that those receipt notices are invalid and issued as a mistake. If you received a receipt notice dated before April 7, 2009, call an immigration attorney to make sure that your case receives a proper receipt notice. Receipt notices that were issued by the USCIS by mistake will not be honored.

Applicants whose H-1Bs are being premium processed will begin receiving notification of an approval or a Request for Evidence (RFE) in the next 15 calendar days. RFEs mean that your case may not be approvable and you’ll need to prove to the USCIS that your case has merit. It is very important for you to find an H-1B immigration visa attorney to respond to the RFE. You will only have 30-84 days to respond.

April 8, 2009

Same-sex Couples and Immigration Reform

by Romben Law, APC

As the pioneering Los Angeles immigration law firm that has always welcomed inquiries and consultation from members of the gay, lesbian, bisexual, and transgender communities, Romben Law, APC has been tracking the progress of Comprehensive Immigration Reform (CIR) in the US Congress.

The New York Times is reporting that the White House will begin pushing Comprehensive Immigration Reform soon. The Uniting American Families Act (UAFA )must be included in the reform package.

UAFA will permit US citizens to petition for and immigrate their same-sex partners, on an equal basis as traditional spouses.

April 6, 2009

USCIS and Electronic checks (e-checks) Don’t Mix Well

by Romben Law, APC

As experienced immigration lawyers in Los Angeles, Romben Law, APC recommend that applicants use credit cards, personal checks, money orders to pay when e-filing immigration-related applications, but NOT electronic checks or “e-checks.”

US Immigration & Immigration Services (USCIS) gives applicants the option of e-filing certain applications. The methods of payment include an “e-check.” Some may have had successful experiences, but if you are going to e-file, we recommend using your credit card. We have had recent reports where the e-check did not go through, or where USCIS said that the “check” was returned for insufficient funds even where there was more than enough money to cover the check, and where USCIS referred the matter to collection. It took weeks to sort out the USCIS error. Often the applicant ends up paying twice!

Until USCIS’ e-filing system is more reliable, and until the system allows for fairer resolution of difficulties, we recommend using paper applications and paying by personal check or money order. Of course, you should always send all paperwork to USCIS via Certified Mail – Return Receipt Requested. This way, you can check the progress of your filing and the cashing of your check.

March 24, 2009

H-1B Lottery: Random Selection Process Anticipated for H-1B Quota

by Romben Law, APC

The US Citizenship and Immigration Service (USCIS) published a confirmation of how the H-1B lottery will be conducted this year. It is anticipated that the quota will fill up in the first few days after the initial filing date of April 1, 2009. CIS has confirmed that if the agency receives enough cases to fill the cap within the first 5 business days in April, then the “lottery” will based on all applications that were received between April 1 through April 7.

CIS has also indicated that those cases selected in the lottery will have the same receipt date. This means that there should be no difference in how your H-1B case will be considered as long as your case is submitted on or before April 7, 2009.

If the CIS receives an insufficient number of H-1B applications within the first 5 business days of April, CIS will continue to accept petitions until the day which the agency determines that enough applications ahve finally been received. If that is the case, then CIS will conduct a lottery for those cases that are received on the last receipt date.

March 20, 2009

NON-MINISTER RELIGIOUS WORKERS SUNSET EXTENDED

by Romben Law, APC

President Obama has signed the extension of the Religious Workers program allowing non-ministers to submit applications for permanent residency. Commonly known as the “religious workers sunset,” the provision allows non-ministerial religious workers such as nuns, brothers, cantors, religious school teachers to apply for permanent residency. The extension is set to sunset again on September 29, 2009.

The non-minister category is a different category than the one providing for the immigration of ordained minsters and requires extensions of its validity every two years. For the past year however, Congress has extended the program twice, each time for a period of 6 months. In years past, extensions were granted for 2 years at a time.

The Religious Worker Visa Program became law in 1990 and was originally enacted with a sunset provision, meaning that the non-minister category would und unless extended by Congress. It has always enjoyed broad, bipartisan support and reauthorized many times since its the program began.

March 16, 2009

Lost Passport or Lost “Green” Card

by Romben Law, APC

Whether you are a US citizen, a US Legal Permanent Resident (LPR), or a foreign national visiting the USA, the immigration law office of Romben Law, APC in Los Angeles recommends that anyone who loses a passport or an LPR card report that loss to local law enforcement.

US Passport.jpg
A lost US passport is serious business. Report the loss or theft to local police and to the US Department of State immediately. You should bring the report with you when you apply for your new passport. Although getting a replacement from the US Department of State is a relatively simple matter, border guards will likely pull you aside the next couple of times you enter the USA at a Port of Entry (POE) to verify your identity. They may also ask you about the circumstances under which you lost the passport. Remember: the circumstances regarding the loss or theft of your passport will be in the computer at the checkpoint.

A lost LPR card is almost as serious. A replacement is possible. US Department of Homeland Security (DHS) will charge you (at present writing) $355 to replace the card using Form I-90. They will ask you about the circumstances under which the card was lost or stolen; they may also ask for a copy of the police report. To process the replacement card, you will be sent an appointment for fingerprinting and identity verification. Until you get the replacement card, travel and job seeking will be awkward. After the I-90 is filed, use InfoPass to obtain a stamp in your passport to permit you to work and travel.