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posted on April 26, 2013 by

USCIS Case Status Reports Unavailable

Don’t panic if you check your case status at www.uscis.gov on Sunday and USCIS is unable to find your case.  USCIS case status reports will be unavailable on April 28, 2013, due to system maintenance.  The following case services may be affected:

  • Check My Case Status
  • Sign-Up for Case Status
  • Check Processing Times
  • Change of Address Online
  • Civil Surgeon Locator
  • Office Locator
  • E-Request

USCIS frequently conducts system maintenance (often without warning) on weekends, so as a general rule you should check your case status on a weekday.

Filed Under: Immigration News
posted on April 22, 2013 by

State Department 2012 Human Rights Report Released

On April 19, 2013, the Department of State released the 2012 Country Reports on Human Rights Practice.  Each year, the Department of State develops, edits, and submits to Congress a 5,000-page report on human rights conditions in over 190 countries.  Some highlights from the 2012 Human Rights Report include:

  • Coverage of conditions in the new country of South Sudan
  • Report on the developing democracy in Burma
  • A  description of the  dire humanitarian situation in Syria
  • An account of the roadblocks to democracy in Egypt and Libya

Officers rely on the State Human Rights Reports when adjudicating asylum applications.  The reports are considered highly persuasive, and you should become familiar with the report for your country before preparing your asylum application and declaration.

 

 

Filed Under: Asylum and Refugees, Immigration News, Iraqi Asylum, Iraqi Refugees, Syrian Asylum
posted on April 20, 2013 by

You Are Not Alone

As evidenced by national and local headlines, immigration law and its constant evolution can be overwhelming and confusing.  If you want to understand what’s actual law and what’s not, you are not alone.  This newsletter, Immigration Insiders, is the place you can come to be guaranteed a brief, yet accurate, summary of current immigration law.  We study current statutory law, court rulings, and Congressional action, so you don’t have to.

By way of this message, we welcome you to the re-launch of The Whitt Law Firm’s immigration law newsletter.  Though our initial newsletter was well received, we were busy serving families, who wished to reunite; businesses, that needed employees; and foreign nationals, who wished to visit, work in, or invest in the United States.  We admit that our newsletter fell by the wayside.

That being said, we have received requests for the newsletter’s continuance and feel it’s our duty to help our friends as well as the public to understand what’s going on in the dynamic world of immigration law.  Therefore, we are happy to announce the rebirth of our newsletter as “Immigration Insiders”, with a new publishing schedule.
If you’d like to receive our Immigration Insiders newsletter, it will be in your inbox at least once a month.  If you would prefer not to receive the newsletter, that’s okay.  You can safely unsubscribe below; and, of course, you’re welcome to re-subscribe any time you wish.

What You Can Expect from Immigration Insiders

At least once a month, you will have the opportunity to tune in to a summary of current immigration issues and law, analyzed, researched, and drafted by experienced immigration attorney, Wendy Whitt.

Here are a few sample topics:

·         The Current Status of Immigration Reform
·         Solutions for Employers Facing the H-1B Visa Shortage
·         Practical Advice on Preparing for Visa Interviews

How To Sign Up For Immigration Insiders Newsletters

To receive our Immigration Insiders newsletter monthly, please enter your email address in the box provided on our website.  No worries; your privacy is guaranteed.  We will never ever share your email address and unsubscribes are always honored promptly.

You Are Not Alone

Immigration Insiders will be there for you each and every month, so long as you wish to continue to subscribe.  If you should need more information or legal advice, you are invited to contact our office for an in person or Skype consultation.

Immigration Insiders

Filed Under: Asylum and Refugees, Business Immigration, Family Immigration, Immigration News, Immigration Reform
posted on April 20, 2013 by

Senate Judiciary Hearing on Immigration Reform Scheduled

The Senate Committee on the Judiciary has scheduled a hearing on Senate bill S.744, “The Border Security, Economic Opportunity, and Immigration Modernization Act.”  The hearing will be held on Monday, April 22, 2013, at 10:00 a.m. (EST) in Room 216 of the Hart Senate Office Building.  A webcast will be available.

Filed Under: Immigration News, Immigration Reform
posted on April 19, 2013 by

When Will Immigration Reform Start?

When will immigration reform pass?

Each day I’m asked, “When Will Immigration Reform Start?”  The answer is more complex than you may expect.   When legislation is introduced in the House or Senate, there are six major steps that must take place before a bill becomes a law.

1.  Legislation is Introduced

A bill must be introduced by a member of the House or Senate.  The legislation will then be labeled and assigned a number.

2.  Committee Action

The bill is referred to the appropriate committee.  The committee studies the bill and may hold hearings to gather information.  The committee can revise the bill or lay it aide so it cannot be voted on (known as “tabling”).  The majority of the committee must vote to report the bill to the floor.

3.  Floor Action

Once a bill has been reported to the floor, it is placed on the Legislative Calendar.  The bill will then be debated and may go through a series of amendments.  The final bill will be voted upon.  If the bill does not pass, it dies.

4.  Bill is Sent to the Other Chamber

If passed, it is sent to the other chamber for consideration.  For example, a bill that is passed by the Senate will be sent to the House.  The bill will go through the committee and floor process once again in the other chamber.  If the bill passes the chamber it will pass to the next step.

5.  Conference Committee

A committee made up of members of the House and Senate work out any differences between the versions of the bill passed by each chamber.  The revised bill must be approved by both chambers.

6.  The Bill is Sent for Presidential Consideration

The final bill is signed by the Speaker of the House and the Vice President, and then it is sent to the President.  The President has 10 days to sign or veto the bill.  A bill vetoed by the President may still become law if it is overriden by a vote of two-thirds of the Senate and two-thirds of the House.

A visual overview of the process can be seen below (via the Duke Library).

When will immigration reform pass?

The Senate’s proposed immigration reform bill  is still in the early stages of the legislative process.  It has been introduced, assigned a name and number (S. 744, Border Security, Economic Opportunity, and Immigration Modernization Act) and has been referred to the Committee of the Judiciary.   The bill may be amended extensively, and there are no guarantees any version of it will ever pass the Senate or the House.

While it is important for those who may be affected by the legislation to be informed about the process and what is at stake, it is too early to analyze the effect the bill may have on your particular case.   If you are a current client of The Whitt Law Firm, I will contact you personally to discuss any impact the bill will have on your case once it is signed into law by the President.

We will be providing regular reports and analysis regarding the immigration reform bill in our monthly newsletter, “Immigration Insiders.”  If you would like to stay updated on the immigration reform process, please sign up below.

When Will Immigration Reform Pass?

 

Filed Under: Immigration News, Immigration Reform
posted on April 18, 2013 by

Automated I-94 Program Begins April 30, 2013

The Customs and Border Patrol (CBP) is set to rollout the new automated I-94 program beginning on April 30, 2013.  Foreign visitors arriving by land or sea will no longer be issued paper Form I-94s.  Instead, the CBP will gather visitors’ arrival and departure information automatically from their electronic travel records.

Travelers will be able to download their admission record information through the CBP website at www.cbp.gov/I94.  This information will be accessible within 24 hours of admission.   We strongly recommend that all foreign travelers download and print out their admission record as soon as it becomes available.

The automated I-94 program will be rolled out gradually through April and May.  Travelers may experience delays and issues accessing their admission records while the program is in its infancy.

Filed Under: Immigration News
posted on October 31, 2012 by

Some USCIS Offices Remain Closed from Storm Damage

USCIS has posted a list of offices that remain closed due to storm damage from Hurricane Sandy.  All appointments will be rescheduled to the next available appointment date; you do not need to do anything to request a rescheduled date.

Offices Remaining Closed on Thursday, November 1, 2012

New Jersey

  • Newark Asylum Office
    1200 Wall Street West, Fourth Floor
    Lyndhurst, NJ 07071
  • Hackensack, NJ Application Support Center
    116 Kansas Street
    Hackensack, NJ 07601-4044

New York

  • New York Asylum Office
    One Cross Island Plaza, 3rd Floor
    (133-33 Brookville Boulevard)
    Rosedale, NY 11422
  • New York, NY District Office & Field Office
    26 Federal Plaza
    New York, NY  10278-0127
  • Queens, NY Field Office & Application Support Center
    2735 Jackson Avenue
    Long Island City, NY 11101-2917
  • Hicksville, NY Application Support Center
    87 Bethpage Road
    Hicksville, NY 11801
  • Manhattan, NY Application Support Center
    201 Varick Street, 10th Floor
    RM103
    New York, NY 10014
  • Port Chester, NY Application Support Center
    40 South Main Street
    Port Chester, NY 10573
  • Woodside, NY Application Support Center
    63-05 Rossevlt Ave.
    Woodside, NY 11377
Filed Under: Immigration News
posted on October 1, 2012 by

Temporary Protected Status Extended for Haitians

The U.S. Department of Homeland security has extended Temporary Protected Status (TPS) for Haiti for an additional 18 months.  The extension of TPS for Haiti will begin Jan. 23, 2013, and end July 22, 2014. Secretary Napolitano first designated Haiti for TPS on Jan. 21, 2010, after major earthquakes devastated the country.

Current Haitian TPS beneficiaries, who have continuously resided in the United States since Jan. 12, 2011, and seek to extend their TPS status, must re-register during the 60-day re-registration period that runs through Nov. 30, 2012, if they wish to maintain their TPS. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible within the 60-day period. USCIS will accept applications starting today through Nov. 30, 2012. Individuals who have not continuously resided in the United States since Jan. 12, 2011, will not be eligible.

Filed Under: Immigration News
posted on July 23, 2012 by

We’ve Moved!

We are proud to announce we have completed our move to our new offices at 6136 Frisco Square Blvd, Suite 400, Frisco, Texas 75034.

Filed Under: Immigration News
posted on April 29, 2012 by

Court Blocks New H-2B Visa Regulations

In February, the Department of Labor issued  final regulations changing the rules for employers who use the H-2B visa program to sponsor temporary workers.   The new rules were to go in effect on April 27, 2012.  On Thursday, a Federal judge issued a temporary order blocking the new H-2B rules.

In Thursday’s ruling, US District Court Judge Margaret C. Rodgers said the department “acknowledges that it has no express congressional grant of authority to engage in legislative rule making under the H-2B program and that such authority was vested instead in the secretary of theDepartment of Homeland Security.”

The new H-2B visa regulations were criticized by small business owners who argued the scheme will make labor costs prohibitively expensive and the H-2B visa program unusable.   The rules would:

  • Require employers to complete a complex registration process to substantiate the need for temporary workers
  • Reduce the length of employment from ten to nine months Require the filing of job orders, extensive domestic recruitment and an application for a temporary labor certification
  • Require the employer to pay round-trip airfare and subsistence costs for H-2B employees as well as U.S. employees performing similar work

The parties now have 60 days to file motions for summary judgement, and the H-2B visa program will remain in limbo for several months.

Filed Under: Business Immigration, Immigration News Tagged With: ,
posted on April 6, 2012 by

H-1B Cap Count FY2013

The USCIS California Service Center has reported that 22,323 cap-subject H-1B visa petitions have been received as of April 4, 2012.   Approximately 25% of those cases are for workers with U.S. advanced degrees. This means the number of filings received in the first days of the FY2013 filing season are more than double the number of filings received by USCIS during the first week of the FY2012 filing season.

The annual cap on H-1B visas is 65,000. Not all H-1B petitions are subject to this annual cap.   For example, some are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

At the current rate of use, H-1B visas will run out quickly this year.  If you need to file an H-1B visa for an employee, you need to hurry!

Immigration Attorney

 

Filed Under: Business Immigration, H1-B Visas, Immigration News
posted on March 30, 2012 by

Syria TPS (Temporary Protected Status) Registration is Open

We applaud the Obama administration’s decision to designate Syria for Temporary Protected Status (TPS).  This will doubtless save many lives as the violent conflict in Syria rages on.  Details and procedures for applying for Temporary Protected Status have been published in the Federal Register.  It is estimated that over 3,000 Syrians in the U.S. are eligible to apply for TPS.  The registration deadline is September 25, 2012.

To be eligible for Temporary Status, Syrians must file an application along with evidence that demonstrates:

1.  They are nationals of Syria;

2.  They have continuously resided in the U.S. since March 29, 2012; and

3.  They have been continuously present in the U.S. since March 29, 2012.

Syria TPS applicants will be subjected to background and security checks.  If you have been arrested for or convicted of any offenses, consult with an immigration attorney before filing your registration application.  If you are found to have committed any deportable offenses, your application will be denied and you will be referred to the Immigration Court for removal.  Also, various grounds of inadmissibility apply to TPS registrants, including the bar for participating in the persecution of another individual.  USCIS has frequently found former members of the Baath Party to be inadmissible under the persecutor bar.  If you have ever been a member of the Baath party, you should consult with an immigration attorney to determine whether you are eligible for TPS.

Temporary Protected Status allows Syrians to remain in the U.S. and obtain work authorization until the TPS designation is terminated.  Once the designation is terminated, you will revert back to the immigration status you had before TPS.  Temporary Protected Status does not lead to permanent residence or U.S. citizenship.  If you are not present in the U.S., you are not eligible for TPS and should explore other immigration alternatives.  If you have questions about Syria TPS or would like assistance in filing your case, please schedule a consultation with our immigration attorney.

Dallas Immigration Attorney

 

Filed Under: Asylum and Refugees, Family Immigration, Immigration News, Syrian Asylum
posted on March 26, 2012 by

Syria To Be Designated for Temporary Protected Status (TPS)

On March 23, 2012, Secretary of Homeland Security Janet Napolitano announced  that DHS will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States.   This week the Department will publish a notice in the Federal Register that will provide further guidance about TPS eligibility requirements and registration procedures.  No Syrians should apply for TPS until the registration period is opened.

Once the eligibility requirements have been established, we will provide a post with details on how to apply.  If you are a Syrian national and need immigration assistance, you can schedule your initial consultation online.

Filed Under: Immigration News, Syrian Asylum
posted on March 5, 2012 by

Passport Day 2012

Saturday, March 20, 2012 is Passport Day. On Passport Day you can apply for your U.S. passport at a Regional Passport Agency without an appointment. You will be able to apply for standard processing (4-6 weeks) or pay an additional $60 for expedited processing (2-3 weeks, door-to-door). Passport Day in the USA events are being held at Regional Passport Agencies across the nation. You can find a Regional Passport Agency near you by visiting the State Department website.

Stay informed on immigration news and events by signing up for our monthly newsletter.

Dallas Immigration Lawyer Newsletter

Filed Under: Immigration News
posted on February 25, 2012 by

Under Construction

We are updating our website this weekend to create a more user-friendly experience for our readers.  Some functions, such as the online booking links and social media widgets may not work properly during this renovation.  If you are unable to schedule your appointment online, please email info@whittfirm.com with the type of appointment desired and preferred date and time.   We expect all functions to be restored by Monday, February 27.

Filed Under: Immigration News
posted on February 7, 2012 by

U.S. Embassy in Syria Closed

Due to the recent surge of violence in Syria, the United States has closed the Embassy in Damascus.  All American Embassy personnel have departed the country.  The State Department has directed U.S. citizen petitioners who are resident in Syria to email USCIS.Amman@dhs.gov if they wish to make an appointment to file I-130 petitions in Amman for their Syrian relatives.  All I-730 petitions Refugee/Asylee following to join cases have been transferred to the Embassy in Amman, Jordan.  If your relative is unable to travel to Amman for his or her interview, you may be able to transfer the case file to another U.S. Embassy in the region.

Filed Under: Family Immigration, Immigration News Tagged With: , ,
posted on February 2, 2012 by

H-1B Filing Season Approaches

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.  On November 23, 2011, USCIS received a sufficient number of H-1B temporary worker petitions to reach the cap of 65,000 for fiscal year 2012.  USCIS rejected all cap-subject petitions that arrived after November 22, 2011.   USCIS will start accepting cap-subject H-1B petitions for FY 2013 on Monday, April 2, 2012 for employment with a start date of October 1, 2012 or later.

In previous years, the annual limit for new H-1Bs was exceeded within the first few days of the filing season, resulting in a random, computer-generated lottery for available visa numbers.  However, since FY 2010, the cap has been reached later in the year.  It is impossible to predict whether the cap will be reached quickly this year, so employers should immediately start identifying employees who will need H-1B petitions filed this season.  Employers should also be aware that the Department of Labor is taking up to 60 days to process prevailing requests, which can significantly increase the amount of time it will take to prepare H-1B petitions.

In order to offer H1B visa sponsorship to a foreign employee, the employee must have at least a Bachelor’s degree or its equivalent, and the field of study must be related to the job being offered.  The job offered must usually require at least a Bachelor’s degree or higher.

If you are an employer and have questions about sponsoring an employee for an H-1B visa, you can schedule a consultation with our Dallas immigration attorney online.

Filed Under: Business Immigration, H1-B Visas, Immigration News
posted on December 2, 2011 by

Diversity Visa Scam Alert

Due to the increase in Diversity Visa scams, the U.S. State Department has issued a new Diversity Visa Scam alert.  The State Department as also changed the way it communicates with those selected in the lottery.  While DV-2012 and DV-2013 applicants may receive an email from the U.S. government reminding them to check their status online through DV Entrant Status Check, they will not receive a notification letter or email informing them that they are a successful DV entrant. Applicants can only find out if they were selected to continue with DV processing by checking their status online through the DV Entrant Status Check at http://www.dvlottery.state.gov .

If you have received a diversity visa scam email, you may file a complaint at econsumer.gov, which is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission. You can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3)website.

Filed Under: Green Cards, Immigration News
posted on December 1, 2011 by

USCIS Case Status Unavailable Dec. 2nd – Dec. 5

Due to planned maintenance, several USCIS online systems will be unavailable from Friday, December 2nd at 7pm (EST) until Monday, December 5th at 9am (EST), including:

During this time, the following on-line tools will be unavailable:

  • Check My Case Status
  • Sign-Up for Case Status
  • Check Processing Times
  • Change of Address Online
  • Civil Surgeon Locator
  • e-Request
  • Office Locator

If you need to check your case status or change your address with USCIS, you should do so before or after the maintenance period.

 

Filed Under: Immigration News
posted on September 18, 2011 by

U.S. Embassy in Sana’a Resumes Visa Services

The U.S. Embassy in Sana’a, Yemen, has begun rescheduling visa interviews for immediate relatives of United States citizens.  If your visa interview appointment was cancelled, you will be notified when the appointment is rescheduled. The Embassy is also beginning to review cases that have been in administrative processing.  Non-immigrant visa services remain suspended.

Immigrant visa applicants who have not yet been interviewed by a consular officer may request another U.S. embassy or consulate that processes immigrant visa applications accept their immigrant visa case. Any request must be sent directly to the Immigrant Visa Section of the relevant U.S. embassy or consulate. Once another Embassy notifies the Yemen Embassy that they will accept your case, the case will be transferred.

Filed Under: Business Immigration, Family Immigration, Immigration News
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