USCIS News Release: USCIS Introduces Redesigned Form for Green Card Applicants

USCIS News Release

USCIS Introduces Redesigned Form for Green Card Applicants

Release Date: June 26, 2017

USCIS has released a new Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a Green Card for eligible Applicants who are currently in the United States.

Notably, the new longer form includes all of the questions that previously was located n Form G-325a, Biographic Information. Thus, Form G-325a will no longer be used.

The previous edition of Form I-485 will continue to be accepted until August 25, 2017. Make sure that you are using the correct edition of the form to avoid delays in the processing of your application!

For the full press release, including additional updates and changes to the form, click here.

Interested in filing for a H-1B petition? Want to find out if you are eligible for a H-1B Visa or another type of work visa? Click here to contact an experienced immigration attorney at The Shapiro Law Firm, LLC today.

Note: “Attorney Advertising” The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.

What You Really Want to Know | Episode #13 | I have an Order of Removal/ Deportation, if ICE picks me up to remove me, do I have any options?

Transcript: Hi, I’m Attorney Aaron Shapiro and today on “What You Really Want to Know” we answer the question “I have an order of removal/ deportation, if (Immigration & Customs Enforcement (ICE) picks me up to remove me, do I have any options?

The answer once again is, it depends. And it is going to depend on many factors like what the basis of your removal order is, eligibility for relief and what happened at your prior court proceedings.

The reality is, you may simply not have any way to challenge your removal order if ICE decides to execute it because you technically should have been deported when your order of removal became final. Determining what if any options are available to you is very complicated and requires us to analyze many factors like your criminal history, family ties and review your prior court proceedings and immigration history.

The best thing to do is call us now, BEFORE ICE comes knocking on your door or BEFORE your next Order of Supervision (OOS). It is always harder to fight a deportation order with a client behind bars and once ICE arrests you for the purpose of executing your order, they intend to do so very quickly, so time is a major factor and it always works against you. This is why it is important to secure the appropriate documentation NOW.

Plus, if you are eligible for any relief from removal that means you are eligible for that relief NOW! The sooner your applications and motions are filed, the greater your chances are to remain in this country.

If you are walking around with an order of removal, the clock is ticking against you. Contact us immediately to find out if you have any options for relief before it is too late. If there is a way to keep you here, we will know NOW!

That is all for this episode of “What You Really Want to Know.” Thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

Case Status Update: DACA Approval, EAD Renewal Approval, Expungement Granted

Initial application for Deferred Action for Childhood Arrivals (DACA) Approved – This week we received an approval notice for an initial Deferred Action for Childhood Arrivals (DACA) application. Our client, (hereinafter. Client “X”), is a native and citizen of China. X submitted the DACA application with out a lawyer in July of 2015. After waiting for almost 2 years for a decision from USCIS, X received a Request For Evidence (RFE) last month. Upon receiving the RFE, X contacted us to represent her in responding to the RFE. We quickly prepared a package of the requested evidence with a cover letter explaining that X was in fact eligible for DACA, and has now submitted all of the required documents evidencing her eligibility. About a month after receiving our evidence package, X’s DACA application was approved! She also now has an Employment Authorization Document (EAD) aka work permit based on her DACA status so she can legally work in the United States. X is currently in Graduate School and is relieved that she can finally work part-time while she finishes up school.

Form I-797C, I-485 Approval Notice

Form I-797, I-765 Approval Notice

Work Permit (EAD) renewal approved for Cancellation of Removal applicant – We also received an approval notice for our client, (hereinafter, Client “Y”), who is a native and citizen of Senegal. Y entered the country with parole in 2002 and he and his wife have twin U.S. Citizen sons. Y and his wife both applied for Asylum and Withholding of Removal and were placed into Removal/ Deportation Proceedings. Y subsequently applied for Cancellation of Removal based on the extreme hardship to his U.S. Citizen sons. Y and his wife were finally scheduled for an merits hearing in immigration court after being in proceedings for many years, but after Y was diagnosed with prostate cancer, a joint request to administratively close the case was granted by the immigration judge. Y’s cancer is now in remission and he its doing better everyday.

I-797, I-765 Approval Notice

NJ Expungement Granted – Finally, this week we received an order granting an expungement of a criminal record for our client, (hereinafter, “Z”). Z is a native and citizen of Indonesia who entered the U.S. with a B2 Visitor Visa when she was 10-years-old. Like many Chinese Christians, Z’s family fled Indonesia in 2006 due to the continued persecution suffered on account of their ethnicity and religion. Unfortunately, Z’s family did not know to apply for asylum. Fortunately, however, they learned about DACA before Z turned age 18 and we helped Z successfully obtain DACA status before she began accruing unlawful presence. Z has maintained her DACA status ever since.

A few years ago, Z plead guilty to a petty theft offense, a violation. This was her only criminal history and she did not want the conviction on her record so she asked us to file an expungement request. Z knew that the expungement would not effect her DACA status as the offense was not a disqualifying offense and the conviction was disclosed to USCIS when she successfully filed to renew her DACA status over 2 years ago. Z simply wanted to wipe her record clean, especially since she will be applying for jobs when she graduates from college in a couple of years.

*An important note on the immigration consequences of criminal convictions *

Even if the Z’s conviction was expunged before she had to notify USCIS for her DACA renewal, she still would have been required to disclose the conviction to immigration on a subsequent renewal. In fact, ANY arrest, even if no charges are filed, must be disclosed to USCIS when you are applying for any immigration benefit, if requested. The immigration law still views most expunged convictions as convictions for immigration purposes.

So, if you are looking to expunge a conviction solely for immigration purposes in order to erase a potentially disqualifying conviction from you record, make sure you contact an experienced immigration attorney before you waste your time and money! The intersection of criminal and immigration law is extremely complicated and only an attorney experienced in both practice areas will be able to properly advise you as to whether an expungement in your particular circumstances makes sense.

The experienced criminal and immigration attorneys at The Shapiro Law Firm, LLC are well versed in the intersection of the two and will be happy to help you determine if an expungement is best for you so contact us today!*

We wish all of our recently-approved clients the best of luck!

**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: 10-Year Green Card, Conditions on Permanent Residency Removed, EAD, Travel Documents

Conditions Removed, 10-Year Green Card (I-751) Approved – We pleased to announce that we received an approval notice to remove the conditions on a Green Card based on marriage to a U.S. Citizen for our client, (hereinafter “Y”), who is also a native and citizen of Mali . Y and his U.S. Citizen wife got married in 2007 and she subsequently filed a marriage petition on his behalf. Because the couple was married for less than 2 years at the time of their interview, Y received a 2-Year Green Card .

In the fall of 2009, Y’s wife decided to move to Texas. The couple planned for Y to follow her there once he was able to secure a job with health insurance to support them both. However, Y’s wife began to act differently after she moved. She even changed her phone #, which forced Y to call his wife’s mother in order to get in touch with her. Despite the growing concerns he had with his marriage, Y still planned to move to TX to be with his wife and timely filed to remove the conditions on his residence in January of 2010. Y subsequently learned that a few months later his wife gave birth to another man’s baby. As a result Y filed for divorce in August of 2012.

Meanwhile, Y had still not heard back from USCIS regarding his I-751 petition and the online case status still listed his case as under “initial review.” After we sent multiple letters and emails to USCIS and not receive a response, we helped Y obtain an USCIS InfoPass appointment in September of 2013. At the InfoPass appointment, Y for the first time learned that his I-751 petition was denied. At this point, Y was now divorced and out-of-status.

So, we re-filed his I-751 as a self-petition and requested a waiver to the joint filing requirement based on a marriage that was entered into in good faith, and, during the marriage, he was the subject of extreme cruelty by his U.S. Citizen wife in February of 2014.

Finally, after waiting over 3 and a half years, we received Y’s Green Card in the mail and we are waiting for him to stop by to pick it up and Congratulate him!

10-Year Green Card FINALLY Approved for Spouse of U.S. Citizen – We are very happy that after may years and a lot of headaches, we received an approval notice for a 10-Year Green Card for our client, (hereinafter “X”), who is a native and citizen of Mali.

X’s Green Card is based on his marriage to a U.S. Citizen. X entered the U.S. in 2000 with a B1 Visitor Visa. X and his wife wed in 2006. X was placed into Removal/ Deportation Proceedings based on his visa overstay in 2009. X’s wife filed a marriage petition for X in 2009, but it was denied in 2010.

In 2011, X was detained by ICE for 9 months in a Texas ICE detention center. X’s wife re-filed for him after he was released at the end of 2011 and X went back to New York where he lived with his wife. X was still in Removal Proceedings, but the TX Immigration Judge (IJ) refused to change venue to NY despite 4 motions requesting such.

In 2013, after 2 years went by and the marriage petition remained pending, the IJ Administratively Closed X’s case so that he did not have to keep on returning to court while the marriage petition was adjudicated. X and his wife continued to wait for the decision on the marriage petition and despite sending countless letters to USCIS for updates on the case, no progress was being made.

Finally, in July of 2015, we received a letter from USCIS stating that X’s marriage petition was approved a year earlier and that USCIS lost X’s file for over 3 years! With the marriage petition approval, we were able to file a motion to terminate X’s Removal Proceedings. The Motion to terminate was granted last year and X was then able to file for his Green Card last June.

Then, almost a year later in this past May, X FINALLY received his approval notice for his Green Card! We are so happy for X and his wife and the fact that they can finally live their lives without a dark cloud hanging over them.

Form I-797C, I-485 Approval Notice

Moral of the story? The immigration process is never fun, but sometimes it is a nightmare. But there is hope! With proper legal representation and a ton of patience, you can eventually obtain the immigration benefit that you are entitled to. We never gave up on X or Y’s cases, nor did X or Y, even when the delays seemed like they would never end

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for two of our clients who are asylum applicants. Our first client, (hereinafter “Z”), is a native and citizen of Indonesia. The other client, hereinafter “W”) is a native and citizen of Nigeria. The work permits allow W and Z to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 years.

Form I-797, I-765 Approval Notice

Form I-797C, I-765 Approval Notice

Work Permit (EAD) Approval for VAWA Beneficiary awaiting Green Card – Last week we also received a work permit approval for our client, (hereinafter “V”), who is a native and citizen of Senegal. Shortly after entering the U.S. in 2005 with a B2 Visitor Visa, V gave birth to her first child. A few years later, V married her child’s father, a Lawful Permanent Resident. After 10 years of being together, 5 of which were spent in marital bliss, V’s husband already suspect behavior became unbearable when he began physically abusing V. The abuse got so bad that V sought an order of protection in the family court and had to hire a security company to change the locks in her apartment.

V’s husband never petitioned for her Green Card, as keeping V without legal status was one of the ways that he controlled her. Fortunately, V sought help on her own and we helped her file a VAWA (Violence Against Women’s Act) Petition. After the VAWA petition was approved, V was able to file for her Green Card. The EAD approval allows V to work legally in the U.S. while she waits for her Green Card application to be approved. We expect to receive the approval notice in the next few months.

I-797, I-765 Approval Notice

Work Permit (EAD) and Travel Document Approvals for Adjustment Applicant (Spouse of U.S. Citizen) – We also received an approval notice for both a work permit and travel document for our client, (hereinafter “U”), a native of Nigeria and citizen of St. Lucia. U is married to a U.S. Citizen and is waiting for his marriage interview. U and his wife have been married since May of 2015, so U will be eligible for a 10-Year Green Card once his marriage petition and Green Card applications are approved. In the meantime, U can now legally work in the U.S. and travel outside the country while he waits.

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

News Release: Temporary Protected Status (TPS) for Haiti Extended for Six Months

Breaking News Release from USCIS - Haiti TPS

Temporary Protected Status (TPS) for Haiti Extended for Six Months

Release Date: May 24, 2017

WASHINGTON— Secretary of Homeland Security John F. Kelly has extended TPS for eligible nationals for Haiti through January 22, 2018. Those seeking to extend their TPS status must re-register by July 24, 2017. Those who re-reigster may also request a new Employment Authorization Document (EAD). You must request a new EAD for an automatic extension. New EADs will be good through January 22, 2018.

Click here for the full press release, including who is eligible to file for TPS and the filing period, from USCIS.

**If you have questions about your eligibility for TPS and/ or are looking to file, contact an experienced immigration attorney at The Shapiro Law Firm, LLC, today.**

Case Status Update: Approvals: I-130s, Green Card, EAD, Travel Documents

I-130 Petition Approved for unmarried child of U.S. Citizen: Last week, we received an approval notice for a client, (hereinafter, Client “X”), who is a native and citizen of Trinidad and Tobago. X is 14-years-old and entered the U.S. in 2007, when he was just 4-years-old with his mother, as a derivative of her mother’s K-1 Fiancee Visa. X became a Conditional Permanent Resident after his mother wed and adjusted her status. X’s mother then applied to remove conditions on her residency, and on the residency of her 2 sons. Before the I-751 petition was approved, X’s mother passed away.

X and his older brother where then thrust into Removal Proceedings as they never had the conditions on their residency successfully removed to become a full Permanent Residents. Fortunately for X, his father, a Permanent Resident, also lived in New York City. X went to live with his father and stepmom, but he still was without legal status.

X faced another hurdle due to the fact that he was born out-of-wedlock and his father was not listed on his birth certificate. So, Attorney Shaffer assisted X’s father in filing a Paternity Petition in Kings County Family Court. In order to have a Paternity Petition heard in Court, you have to prove that you served process on any party that has a right to be notified of the proceeding. In this case, X was required to serve his dead mother, despite the fact that we presented the court with her death certificate. So, X was required to serve his mother’s next-of-kin, who was his mother’s abusive spouse since she was still married to him at the time of her death. The next, next-of-kin was X, but the court would not accept service on him, so we had to serve X’s mother’s mother (or X’s grandmother), which was still an issue since we could not obtain X’s mother’s birth certificate to prove that the person we served was in fact her mother. Eventually we were able to provide acceptable proof of service for the court and the Order of Filiation was entered.

Once we had that taken care of, X’s stepmom, a US Citizen, was able to file an I-130 petition for him because she married X’s father before X turned 18-years-old.

Now that X has an approved I-130, we will be filing a motion to terminate his Removal Proceedings. X will then be able to file an immigrant visa petition and then leave the country for his scheduled interview. X cannot get a Green Card in the U.S., even though he is under 18, because he initially entered the country with a K visa and there are no exceptions. X has not accrued any unlawful presence because he is under 18, so he will be able to return to the U.S. right away as a Permanent Resident!

Form I-797C, I-130 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (Parent of U.S. Citizen age 21 or older: Last week we also received approvals for a work permit and travel document for our client, (hereinafter, Client “Y”), who is a native and citizen of Mali. Y was in Removal Proceedings and was ordered removed in absentia after her attorney mistakenly wrote the wrong date down in his calendar so Y failed to appear in court on the correct date.

Thereafter, Y filed a Motion to Reopen based on ineffective assistance of counsel. The motion was denied and the denial was timely appealed to the Board of Immigration Appeals (BIA). The BIA granted Respondent’s motion due to the fact that her former attorney admitted his error with regards to the hearing date in his response to her disciplinary complaint.

After the BIA remanded the case back to the Immigration Judge (IJ), the IJ agreed to terminate the Y’s case based on her approved I-130 filed by her U.S. Citizen Son. By terminating her removal proceedings, Y was then able to file for adjustment of status. With the approval of the work permit and travel document, Y can legally work and travel outside the country while she waits for her Green Card to be approved.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (VAWA Self-Petitioner): This week we received approval notices for a work permit and travel document for our client who is also a native and citizen of Mali, (hereinafter, Client “Z”). Z entered the U.S. back in 1998 with a B-2 Visitor Visa. Years later, Z submitted an application for Asylum and Withholding of Removal. Because Z did not file within the 1-Year Filing Deadline, she was placed into Removal Proceedings where she was eventually granted Withholding of Removal, which allowed Z to permanently live and work in the U.S., but does not provide a path to a Green Card.

Z eventually got married to a Lawful Permanent Resident (LPR) who began to abuse her. After escaping the relationship, Z submitted a VAWA Self-Petition based on her relationship to a LPR abusive spouse. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate Z’s Removal Proceedings to allow her to adjust status to that of a LPR. Z applied for her Green Card once the joint motion was granted and is now waiting for her Green Card application to be approved. In the meantime, Z can now continue to work legally (Z effectively lost her withholding of removal status when her removal proceedings were terminated, along with her work permit based on that status), and now for the first time since she came to the U.S. almost 20 Years ago, Z can travel outside the country.

Form I-797, I-765 & I-131 Approval Notice, Page 1

Form I-797, I-765 & I-131 Approval Notice, Page 2

Marriage Petition & Green Card Approved for Spouse of U.S. Citizen: Finally, this week we received approval notices for a marriage petition and green card for a client who is a native and citizen of Germany, (hereinafter, Client “W”). W came to the U.S. in January of 2012 on a F-1 student visa and met his future wife at school. W and his wife got married in June 2016 and are now expecting their first child!

Form I-797C, I-485 Approval Notice

Form I-797C, I-130 Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals- I-601a Waiver, E-2 Renewal, 10-Year Green Card

I-601A, Unlawful Presence Waiver Approved: Last week, we received an approval notice for an I-601A Unlawful Presence Waiver for our client, (hereinafter, Client “X”), who is a native and citizen of Ecuador. X illegally entered the country in 2001 and has not left since. X has been married to a U.S. Citizen since 2004 and the couple have 4 U.S. Citizen children together. Because X did not lawfully enter the U.S., despite the fact that she has an approved marriage petition, X cannot get her Green Card without first leaving the country.

What are the benefits of a I-601A Waiver?

Prior to the creation of the I-601A Waiver, the only option was to file a I-601 Waiver of grounds of inadmissibility. In order to file a I-601 Waiver, the applicant must 1st leave the U.S., then apply for the waiver and wait outside of the country for it to be adjudicated. This can take 6 months to a year or longer. Then, if the I-601 Waiver is approved, the applicant can finish the immigrant visa processing with NVC and hopefully be able to re-enter the U.S. as a Lawful Permanent Resident. If your I-601 Waiver is not approved, then you will be stuck outside of the country facing a bar of up to 10 years depending on the type of immigration violation.

Who is eligible for a I-601A Waiver?

Obtaining approvals for I-601A and I-601 Waivers are no easy task. There are a number of eligibility requirements that must be met, including good moral character and at least 1 qualifying relative (who must be a U.S. Citizen or LPR). The hardest eligibility requirement to prove is the showing of “extreme hardship” to a qualifying relative. Factors considered by USCIS in determining if an Extreme Hardship exists, include:

Health
Financial considerations
Education
Personal considerations, and;
Special Factors.

A totality of the circumstances is used, meaning you not one factor is required to prove extreme hardship, you can present evidence on as much as the above 5 factors that you have. For further explanation of these factors, click here.

Back to X…

In X’s case, we were able to prove that her U.S. Citizen husband would suffer an extreme hardship if she were to be removed from the country based on a combination of the 5 above factors. Out of these factors, health was the primary concern. This case at first appeared to be relatively straight-forward and simple: X was diagnosed with a brain aneurism and relies on her husband and approximately 20 other U.S. Citizen and LPR family members who live near-by to assist in taking care of the kids when she is unable to do so herself and to help with her husband who suffers from diabetes and related illnesses.

The problem was, the extreme hardship cannot be to the applicant, it must be borne by the qualifying relative. We thus had the much more difficult task of proving that X’s husband and children will suffer immensely psychological harm due to the fact that X will not have the medical care and family support and help if she were to return to Ecuador without her family (we also had to prove that her family would suffer an extreme hardship if they left the country with X, and thus leaving the U.S. permanently with her was not a realistic option). The seriousness of X’s illness meant that she needed others to help take care of herself and without their assistance, her fate alone in Ecuador was grim. It took many months to prepare the evidence, which required us to provide documentary evidence relating to all facets of X and her family’s life.

What is next for X?

X will finish submitting her immigrant visa application and affidavit of support and wait for the NVC to schedule her interview in Ecuador. At that point, X will depart the country and go back to Ecuador where she will attend her immigrant visa interview. Absent any surprises, X will be able to re-enter the U.S. as a Lawful Permanent Resident.

Form I-797C, I-601A Approval Notice, Page 1

Form I-797C, I-601A Approval Notice, Page 2

E-2 Treaty Visa Extension Approved: Last week we also received an approval notice for an E-2 Visa extension for our Client, (hereinafter “Y”), who is a native and citizen of Georgia. Y and his family came to the U.S. on B-2 Visitor Visas and then changed their status to E-2 (and E-2 dependents) in 2015.

Y was able to secure his E-2 Visa after he committed a substantial and irrevocable investment in a new trucking company in the United States. Y also had to prove, among other factors, that he would be creating jobs for U.S. Citizens and Lawful Permanent Residents, and most importantly that the money he used to invested in his U.S.-based business came from clean sources, i.e., income earned, gift or loan. 2 years later, despite facing a major loss when one of his truck drivers got into an accident, totaling Y’s truck, Y was able to extend his authorized stay by another 2 years by showing that his business was active and continuing to grow. E-2 Visa holders are not eligible to obtain Green Cards based on their E-2 status, but there is no limit on the number of renewals that an applicant may request.

Form I-797C, Notice of Action - I-129, E-2 Approval Notice

Conditions Removed, 10-Year Green Card Approved: Finally, last week we received another approval notice for an I-751 Petition to Remove Conditions or Permanent Residence. This approval came for our client, (hereinafter Client “Z”), who is a native and citizen of Japan. And the approval came without Z and her husband being called in for an interview! Z and her husband met in 2012 and began dating. The couple wed in June of 2013 and Z’s U.S. Citizen husband filed for her Green Card shortly thereafter. Z and her husband are avid surfers and live together in Long Beach, NY.

What is next for Z?

Z can now apply for naturalization because on July 14 she will have been a LPR for 3 years and she is still married and living with her U.S. Citizen Spouse!

Form I-797, Notice of Action - I-751, Approval Notice

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

What You Really Want to Know | Episode #12 | I am in the U.S. on a Temporary Work Visa, if I get fired or quit my job will I have to immediately leave the U.S.?

Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want to Know,” we answer the question, “I am in the U.S. on a temporary work visa, if I get fired or quit my job will I have to immediately leave the U.S.?”

The answer is, it depends on the type of temporary work visa that you have, but generally speaking, temporary work visas require that you remain employed with the employer who petitioned for you.

So if you are fired or quit your job, you must immediately leave the country. If you do not, you will be in violation of the immigration law and you will begin to accrue unlawful presence, thereby potentially jeopardizing your future in the U.S.

A common misunderstanding that we come across with foreign workers is an individual who assumes that the entire time that USCIS has authorized that person to remain in the US to perform those specific job duties, means that their guaranteed that job for that entire time. The fact is, unless you have a contract with your employer that specifically states that you cannot be let go before a certain date, you are, under U.S. law, considered an at-will employee. This means that either you and your employer can terminate your employment at any time for any non-discriminatory reason.

If you are looking to switch employers in the U.S., most visa categories require a new petition is filed by your new employer. Generally speaking, this petition must be filed before your go out of status and you usually cannot begin working for the new employer until that petition is approved. Unfortunately, many foreign workers do not realize these facts and become scared and overwhelmed when they face the harsh reality of unemployment. And this is especially true if you are fired or laid off without any real notice. And there are all sorts of reasons why it is difficult to leave this country right away, especially if you have been here for a year even 2 or more years before you find out that you are let go. For example, you may need someone to take over your lease, if you have been here for awhile, you may have a lot of stuff and you need to get that stuff back home and you have to make arrangements. Maybe you have already committed to a number of different events or activities such as weddings, birthday parties, conventions or conferences. Depending on the country that you are from, it may not be a real possibility or even possible at all for you to go back and re-enter the U.S. to take care of those things or attend those events.

The good news is, the experienced immigration attorneys at The Shapiro Law Firm can help determine what, if any, avenues are available to you to help you remain in the U.S.. We often change people’s status to another nonimmigrant categories, like a visitor, to give them more time to wrap up their affairs.

The most important thing you can do, is that the second you find out that you are going to no longer be employed or that you are looking to switch employers, regardless of why, that you contact an experienced immigration attorney to see if you are required to immediately depart the U.S., and if so, if you can file an application to help you temporarily remain here to wrap up your affairs. If you fall out of status, you subject yourself to permanent bars to legal status in the United States for both work- and family-based visas.

That is all for this episode of “What You Really Want To Know,” thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

#ImmigrationWatch2017 | Topic #6: Perm & H-1B Visa Reforms | What the new Executive Order, "Buy American and Hire American," means for the employment-based visa system.

#ImmigrationWatch2017

Last week, President Trump signed a new Executive Order (EO) entitled, “Buy American and Hire American.” Did President Trump finally make concrete changes to the work visa program, particularly the controversial H-1B program or is this EO another vague mandate to the federal agencies? Attorney Shaffer breaks it down below.

What does the new EO tell us?

President Trump’s new EO is another vague mandate to the federal agencies to tighten immigration controls over employment-based work visas and can be broken down into the following points:

1. Relevant EO provision – “Sec. 2(b) Hire American. In order to create higher wages and employment rates for workers in the United States, and to protect their economic interests, it shall be the policy of the executive branch to rigorously enforce and administer the laws governing entry into the United States of workers from abroad, including section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)).”

What does this mean:

It is not clear yet exactly what this section means as it is a very The referenced section of the Immigration & Nationality Act (INA) in Sec. 2(b) of the EO, INA § 212(a)(5) governs Foreign Labor Certifications (FLC).

What are Foreign Labor Certifications (FLC):

FLCs are generally required in order for an immigrant to obtain a Green Card based on employment. Foreign Labor Certifications are handled by the Department of Labor (DOL) and require employers to engage in very specific job recruitment steps. In order to obtain permission to file for a Green Card for an employee, Employer’s must first look for a qualified U.S. Citizen or Permanent Resident to fill the position that they seek to hire the foreign worker for. To prove this, the employer will have to advertise the job position in accordance with the INA, keep track of all job applicants and provide legitimate reasons why the other applicants are not qualified for the position (for example, the job applicant did not have the required job experience or degree). The job recruitment steps are complex. time-consuming and expensive for employer’s to engage in, but must be done to hire a permanent foreign worker.

FLCs also require proof that the foreign worker will be paid at least the prevailing wage for that particular profession in that particular area of the country, as well as that the advertised job lists them same requirements and renumeration as that actually offered to the foreign worker. Even prior to President Trump taking office, DOL is known to be require strict adherence to the law. For example. FLCs will be denied if the listed wage is a dollar off than the advertised wage.

What does effect will this have on foreign workers looking to obtain employment-based Green Cards:

How the broad mandate expressed by President Trump in the EO to rigorously enforce the laws governing FLCs remains to be seen. It does appear, however, that President Trump is asking the DOL and DHS to be much tougher in ensuring that FLC requirements are met by employer’s before issuing approvals. In practice, it is unclear how DOL will carry out this mandate, as FLCs are often denied for technical and/ or clerical errors.

Further guidance from the Trump administration is needed before the reach of this section of the EO is known.

2. Relevant EO provision- “Section 5(b). In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”

What does this mean:

President Trump has made many promises about reforming the H-1B visa program and this is his first authoritative directive made to accomplish that goal. Again, this vague provision does not provide practitioners or H-1B visa seekers much guidance on how President Trump plans to make these reforms. In fact, this provision simply instructs relevant cabinet members to look into the program and suggest reforms to the President. It should also be noted that other than ensuring strict compliance with current law, H-1B reform will need to be in the form of legislative action.

Further guidance from the Trump administration is also needed to understand how the President plans to carry out H-1B reform.

Overall Take-Away from the new EO “Buy American and Hire American.”

As with the previous immigration-related EOs signed by President Trump, the new EO provides little more guidance than that contained the President’s topical sound bites. Expect further policy memoranda and procedures to be released by DOL and DHS in the weeks and months to come.

Call an experienced immigration attorney immediately to find out if any of the Trump administration’s new policies will effect your immigration status before it is too late!

*Do you have questions about Employment-Based Visas? Contact an experienced immigration attorney at The Shapiro Law Firm, LLC, to find out if we can help.*

Case Status Update: Work Permit & Travel Document Approved for Adjustment Applicant; Work Permit Renewal Approved for Withholding of Removal

Work Permit, Travel Document Approved: Last week, we received approval notices for a work permit and travel document for an adjustment of status applicant. Our client, (hereinafter, Client “X”), is a native of Hong Kong and a citizen of Australia . X last entered the U.S. on November 14, 2016, with an E-3 Visa. E-3 Visas are similar to H-1B visas in that they are reserved for high-skilled workers in “speciality occupations,” but E-3 visas are reserved only for Australian Citizens thanks to a treaty between the U.S. and Australia. Last December, X married a U.S. Citizen who filed an I-130 Marriage Petition on her behalf. X concurrently filed for her Green Card along with the work permit and travel document. X and her husband are patiently awaiting their marriage and Green Card interview.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice

Work Permit Renewal for Client with Withholding of Removal Approved: Last week we also received an approval notice for a work permit renewal for our Client, (hereinafter “Y”), who is a native and citizen of Mali. Y was granted Withholding of Removal in 2015 by the Immigration Judge after her Asylum application was denied because she failed to file within 1 year of entering the United States. Withholding of Removal allows Y to remain the United States indefinitely and legally work (provided she timely renews her EAD every year), but Y will never be able to obtain a Green Card through her status of withholding of removal. Had Y been granted asylum, she would have been able to apply for a Green Card a year after her asylum grant. If Y becomes eligible for a Green Card through another means (for example, through marriage to a U.S. Citizen), then she may be able to file a motion to reopen with the Immigration Court to pursue a Green Card and vacate the order of removal. Whether or not Y is every eligible for a Green Card, the good news is that she does not have to worry about being removed/deported form the country.

Form I-797C, Notice of Action - I-765 Approval Notice

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)