Tag: uscis

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Global Pinoy

Avoiding immigration scams

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Immigration scams are everywhere. They come around any time, especially, when there are recent announcements of new immigration benefits by U.S. Citizenship and Immigration Services (USCIS).

Alice is a health care professional. She entered the United States using a visitor visa. Although the purpose of her trip was for pleasure, she was convinced by a close relative to consider applying for a working visa. Alice was introduced by her relative to John, supposedly an immigration consultant. John offered to find her a sponsoring U.S. employer and to assist her in getting a green card. John charged a substantial amount of money, and Alice gave John all the money she had left with the hope that she would get a green card. A few weeks passed and Alice never heard from John. Meanwhile, Alice met the administrator of a health care facility who offered her a job for no fee. The lawyer of the health care facility filed the immigration petition and the application for adjustment of status.

During the interview for Alice’s application, she was asked about a prior petition that she filed. Since she never heard from the John, she answered no to the question. The USCIS officer then showed Alice copies of the petitions filed on her behalf. It was not an employment petition as promised by John, but it was a marriage petition filed by a certain “Noel,” a U.S. citizen, who Alice never met. The marriage petition had Alice’s complete and accurate information. Alice denied having knowledge of the marriage petition. Obviously, the marriage petition was fraudulent, Alice’s application for adjustment of status based on her valid employer petition was denied as a result.

The case of Alice involves fraud and misrepresentation. She dealt with a person not authorized to practice law and who obviously was just after her money. It is true that she lost contact with John, but the harm has been done. A fraudulent petition was already filed and these have serious consequences on her future application even if the latter were valid.

The complexity of immigration petitions may vary depending on the nature of the immigration benefit sought. In most cases, the advice and legal assistance of attorney or an accredited legal representative is necessary. Undeniably, there are unscrupulous individuals who may try to exploit the vulnerability of certain applicants for the visa. Scammers may falsely represent “legal” sponsorship through a purported U.S. company, and the innocent victim will pay significant money just to find out that they have no jobs when they arrive in the United States. Some may claim to have “connections” to the USCIS and “guarantees” of positive outcome. Solicitations by those engaged in unauthorized practice of law appear in different media, including social media.

The USCIS consistently warns the public against immigration scams and on its website www.uscis.gov/avoid-scams provides important information for the public to be aware of these scams. It is important that the prospective immigrant exercise due diligence in choosing the right person who will provide the legal assistance. Remember, as the saying goes, the wrong help can hurt you.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Global Pinoy

Challenges in applying for Filvets US parole visa

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Henry was petitioned by his father who was a Filipino World War II veteran. Sometime in 2000, his father suffered a heart attack in the U.S., and Henry traveled on a visitor visa to take care of him. He extended his stay as a visitor for another six months until his father passed away.

Henry stayed beyond his authorized stay in the U.S. and incurred unlawful presence. He heard about the parole program for children of Filipino World War II veterans and is excited to apply for parole. Will Henry be eligible to apply for parole?

Henry meets most of the requirements of the Filipino World War II Veterans Parole Policy or FWVP as released by the U.S. Citizenship and Immigration Services on May 9, 2016. Henry is already in the United States; will he still be allowed to apply for the parole and eventually be eligible for employment authorization?

Those presently in the U.S. must depart and process for the parole abroad (U.S. Embassy in Manila). But if Henry departs from the United States, he will face the 3 to 10-year bar to inadmissibility.

This means that since he has been out of status for more than one year, he will not be able to return to the U.S. for 10 years, defeating the purpose of the parole. Henry may just want to take at the legal option of a humanitarian reinstatement of the revoked petition and subsequently apply for adjustment of status.

There are several benefits of FWVP as thousands of family members may take advantage of this program in the next five years. But there are also anticipated challenges. One is the requirement that veterans or their surviving spouse must be the petitioners for parole if they are still alive. With their advanced age and declining health, they will need assistance to locating and putting together the supporting documents needed to file parole for their children.

Another major challenge is a situation where both parents are deceased and the children are allowed to self-petition for parole. In this case, they have to request for the humanitarian reinstatement of the petition before they may be granted the parole. This request for humanitarian reinstatement is very discretionary and usually the standards are very high unless special consideration are given to children of Filipino veterans.

As mentioned by the USCIS in its May 9, 2016 announcement of this parole program, the FWVP is a discretionary determination that will be made on a case by case basis. While it is understandably a discretionary matter, in delineating the parameters and in the implementation of this parole program USCIS should be liberal in the exercise of their discretion. They should take into account not just the policy behind the parole program, but also its humanitarian nature, recognizing the extraordinary contributions and sacrifices of these Filipino veterans during World War II.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Global Pinoy

US parole for WWII Filvet families: Good news, bad news

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Beginning June 8, 2016, the US Citizenship and Immigration Services will accept applications for parole from eligible children of Filipino WWII veterans. This is a positive development for veterans who have been waiting for many years to be reunited with their children. However, this policy is being implemented at a time when many of our veterans, or their widows, have passed on or are elderly. Will they be able to reap any benefit from this program?

Family-based preference visas are numerically limited per year, resulting in significant waiting periods for immigrant visa issuance. For the Philippines, the waiting period for first preference immigrant category covering adult, single children of US citizens is almost 10 years.

Worse yet, it is taking more than 20 years for married children of US citizens. Many elderly veterans with petitions have gone on from this world unable to wait for their children to immigrate. Of those still alive, many are now sickly and living alone.

Due to the dysfunction of the US immigration system, President Obama released a 2015 report called the “Modernizing and Streamlining of the Immigration System,” which included a mandate to allow the families of Filipino veterans to enter the United States. Hence, the parole program was conceived.

Unlike a US visa, a discretionary grant of parole allows a person to temporarily enter the US for urgent humanitarian reasons or significant public benefit. The new parole program will allow the children of Filipino WWII veterans who have approved petitions to come to the US while waiting for their immigrant visas.

Recently, I gathered a group of veterans and widows in San Francisco to make a presentation on the parole program. I explained clearly to them that with this parole program, they will soon be reunited with their children in the coming months. As I was speaking with excitement, the veterans seemed quiet instead of their usual smiles and celebratory noise. Were they in shock that their children would soon be coming to the US? Why didn’t they seem happy? Don’t they understand the impact of this parole program?

It was disheartening to see their joyless reactions. After I spoke, I approached Nana Auring, a widow of a veteran, who appeared downcast during my presentation. She whispered to me, “I was told to wait. That’s what I have been doing.”

I told Nana she didn’t have to wait long anymore because of the parole program. She just sadly nodded. Her husband died waiting to be reunited with their children. She’s been living alone in her room for many years just waiting. At that point, I realized I was addressing elderly and ailing seniors in their late 80s and early 90s who had already given up hope.

The few veterans and widows who attended my presentation may not be representative of all the beneficiaries of the program. To many, I believe, this opportunity of coming to the US through parole, will help realize the lifetime dream of many Filipino veterans (or their widows) wishing for family reunification. To some, this will be too little too late.

(Atty. Lourdes S. Tancinco is an immigration attorney based in San Francisco CA. She may be reached at law@tancinco.com, tancinco.weareph.com/old, www.facebook/tancincolaw, or at 1-888-930-0808)

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Updates

Firms May Submit Investigations If Extension of Status/Change of Employer Petition Has Been waiting for 210 Days or More

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On April 21, 2016, USCIS initiated letting requesters who filed Form I-129, Petition for a Non-immigrant Worker, requesting a status extension or change of employer to submit an inquiry after their petition has been waiting for 210 days or more.
To submit an inquiry, petitioners may call the National Customer Service Center at 1-800-375-5283, (TTD for deaf and hard of hearing: 1-800-767-1833) provide the receipt number of the case, and specify that the case has been pending for 210 days or more.

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Updates

USCIS Concludes the Data Entry of Financial Year 2017 H-1B Cap-Subject Petitions

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USCIS give out a news today specifying that they have completed data entry of the all the H1B Fiscal Year 2017 cap subject petitions. USCIS will start to return all the petitions that were not selected. The petitioners should not interact with USCIS regarding their H1B petition until they receive some sort of communication about their petition either a reject notice or case receipt. An announcement will be issued by USCIS once all the unselected petitions have been returned.In addition, USCIS is moving some Form I-129 H-1B cap subject petitions from the Vermont Service Center to the California Service Center to balance the distribution of cap cases. You will receive notification in the mail, if your case is transferred. After receiving the notification, please send all future correspondence to the center processing your petition. If you are filing a Form I-907, Request for Premium Processing, to upgrade your Form I-129 H-1B petition to premium processing, send the completed Form I-907 with the appropriate fee to the center processing your petition.

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Updates

H-1B Cap Premium Processing to Begin May 12 for the Financial Year 2017

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U.S. Citizenship and Immigration Services (USCIS) will be initiating the premium processing for cap-subject H-1B petitions requesting premium processing, comprising petitions pursuing an exemption for individuals with a U.S. master’s degree or higher on May 12, 2016.

USCIS first broadcasted in a news announcement that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. USCIS provides premium processing service for certain employment-based petitions and assurances a 15-calendar-day processing time.

For H-1B petitions that are not matter to the cap and for any other visa classification, the 15-day processing period for premium processing service begins on the date that USCIS receives the request. However, for cap-subject H-1B petitions, including advanced degree exemption petitions, the 15-day processing period set by 8 CFR 103.7(e)(2) will begin on May 12, 2016, regardless of the date on the Form I-797 receipt notice, which indicates the date that the premium processing fee is received.

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Updates

New Version of Form N-400, Application for Naturalization is announced by USCIS.

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USCIS revised Form N-400, Application for Naturalization on April 13, 2016. The revised version is accessible at uscis.gov/n-400. August 9, 2016 is the last date to use the 9/13/13 form edition, if any forms submitted after August 10, 2016, it will be discarded and previous versions of Form N-400 submitted will be returned.

Eligibility Requirements

The eligibility requirement for naturalization remains the same. Visit uscis.gov/n-400 to get the information on how to complete the form, and where eligibility requirements can be found.

Revised Form Changes:

  • Removed the bar code
  • Streamlined the application process for the customer
  • Identified evidence

 

Instructions to complete the Revised Form N-400:

  • Access the revised form uscis.gov/n-400.
  • Complete it electronically, then print, sign and mail it to the USCIS Lockbox listed in the instructions. Please comprise supporting papers and the correct fee.
  • If you are unable to fill out Form N-400 electronically, you may print it, or request a paper form by calling the Forms Request Line at 800-870-3676.
  • You must complete the paper form in black ink. You may also get forms and information by calling the USCIS National Customer Service Centre at 800-375-5283
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Updates

Guinea, Liberia and Sierra Leone Temporary Protected Status Stretched for Six Months

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An additional six months of extension for the designations of Guinea, Liberia and Sierra Leone for Temporary Protected Status (TPS).This extension has been done by Jeh Johnson, Secretary of Homeland Security. Though there have been major progresses in the conditions in all three countries since their designations for TPS in November 2014, the enduring effects of the Ebola Virus Disease outbreak and continued recovery challenges support this six-month extension

The extended designation is effective May 22, 2016, through Nov. 21, 2016. U.S. Citizenship and Immigration Services (USCIS) encourage beneficiaries to re-register as soon as possible. TPS extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Nov. 21, 2016.

Submission Process for Re-registering for TPS:
To re-register, current beneficiaries should submit the following forms:

  • Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee)
  • Form I-765, Application for Employment Authorization, regardless of whether they want an EAD
  • The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. No application fee is required if the re-registrant does not want an EAD.
  • The biometric services fee (or a fee-waiver request) if they are age 14 or older.

Submission Process for Individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application:

New Form I-821 is not needed for the individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:

  • Form I-765, Application for Employment Authorization
  • The Form I-765 application fee, regardless of their age and
  • A copy of the receipt notice for the initial Form I-821 that is still pending

One who fails to submit the required filing fees or a properly documented fee-waiver requests USCIS will reject that applicant’s TPS application. Applicants may request that USCIS waive any fees based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. All USCIS forms are provided for free. Forms are available at USCIS website uscis.gov/forms or applicants can request forms by mail or call toll-free 1-800-870-3676.

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Updates

H-1B Petitions for Fiscal Year 2017

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USCIS will start accepting H-1B petitions subject to the fiscal year (FY) 2017 cap from April 1, 2016. The H-1B visa program allows employers to hire foreign workers in specialty occupations that require the imaginary or practical application of highly specialized knowledge, such as engineers, scientists, and computer programmers.

The required cap on H-1B visas for FY 2017 is 65,000.The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. The number of petitions received will be monitored and notified to the public by an agency when the H-1B cap has been met.

To Avoid Delays in Processing:
USCIS is expecting to receive more than 65000 petitions during the first five business days of this program. In order to avoid delays in processing, H-1B petitioners must follow all legal and regulatory requirements.

USCIS has developed detailed information, including an optional checklist, Form M-735, Optional Checklist for Form I-129 H-1B Filings, on how to complete and submit an FY 2017 H-1B petition. The optional checklist for FY 2017 will be available within the next week. Employers should take action as early as possible to initiate any cap-subject H-1B petitions. Cases will be acknowledged on the date USCIS receives a properly filed petition with the appropriate fees.