Posts Tagged ‘Department Of Homeland Security’

New hope for foreigners who are subject to the three/ten year bar

January 10th, 2012 Tushar Mathur

A new proposal by the Department of Homeland Security (DHS) brings new hope to foreigners who are subject to the three and ten year bars because of their unlawful presence in the United States. Rather than leaving the United States to apply for a waiver at an overseas consulate office, these foreigners would be allowed to have their waiver pre-adjudicated by the USCIS in the United States according to the proposal. If their waiver applications are approved, they would still be required to depart the U.S. to apply for immigrant visas to return to the United States.

The 3/10 Year Bar
Section 212(a)(9) of the Immigration and Nationality Act provides that any noncitizen who after having been unlawfully present in the United States for 180-364 days and then voluntarily departs the country before they are placed in removal proceedings is not allowed to return to the United States for three (3) years.

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Important issues about the filing of I-485 adjustment application

December 23rd, 2011 Tushar Mathur
The cutoff dates for employment based 2nd preference immigrant visa for China and India have advanced significantly for the past three months.  Since November 2011, the cutoff dates have leaped forwarded by more than 17 months to January 1, 2009.  The rapid advancement means that many EB-2 professionals and advance degree holders are able to submit their I-485 application to adjust status to that of legal resident of the United States.  Simultaneously the applicant may also apply for a general employment authorization document (EAD) and a travel document.   Upon approval of the I-485 application, the applicant will receive her permanent resident card (or green card).  There are some important issues related to this last step of the immigration process.

First and foremost, an applicant must ensure that she is not subject to any grounds of inadmissibility that would cause the denial of her green card.  The U.S.

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Deportation Cases of Illegal Immigrants to Be Reviewed – NYTimes.com

November 17th, 2011 Tushar Mathur

Deportation Cases of Illegal Immigrants to Be Reviewed – NYTimes.com: “The Department of Homeland Security will begin a review on Thursday of all deportation cases before the immigration courts and start a nationwide training program for enforcement agents and prosecuting lawyers, with the goal of speeding deportations of convicted criminals and halting those of many illegal immigrants with no criminal record.”

‘via Blog this’


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L-1 visa petitions for applicants starting a new U.S. office

November 1st, 2011 Tushar Mathur
Immigration Act Section 101(a)(15)(L) allows a multinational company to temporarily transfer foreign nationals with management, executive, and specialized knowledge skills to the United States to continue employment with an office of the same employer.   Petitioners seeking to classify foreigners as intracompany transferees must file an I-129 petition with a USCIS service center for a determination.  There are many complicated issues involved in the adjudication of an L-1 visa petition.  For examples, the petitioner must establish that there is a qualifying relationship between the U.S.

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USCIS Initiatives for Entrepreneurs and High Skilled Workers – EB2 Workers, NIW Petitions, H1B Self-Petitions, etc.

August 7th, 2011 Tushar Mathur

USCIS Director Alejandro Mayorkas announced recently in a blog post several new initiatives to encourage entrepreneurs and high-skilled workers to bolster the U.S. economy and stimulate job growth.   Director Mayorkas noted that the U.S. has a long history of welcoming innovative entrepreneurs and skilled workers into our country, and in turn they would fuel the nation’s economy by creating jobs, and promoting new technologies and ideas.

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Role of Immigration and Naturalization Services

February 20th, 2010 Tushar Mathur

Immigration and Naturalization Service also known as INS is an organization that protects and enforces laws of naturalization. Naturalization can be detailed as a process that permits a person born in foreign country to become a citizen of United States. It also tracks the illegal entrants and thus maintains the security and deports the people living illegally in United States. Thus we can say that it is an organization that maintains and puts into the actions required to sustain the security bar of United States.

The United States Immigration and Naturalization Service (INS) was formerly known as the subsidiary firm of the Department of Justice, but is now part of the Department of Homeland Security.

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The POE in the United States

January 16th, 2010 Tushar Mathur

Once you have all your documents all made and you have arrived to the United States then, that at the Air port you would have to pass through the POE (port of entry) this is the last huddle for you before you enter the United States with a legal status no matter on what visa or for what ever reason you are traveling.

Here at the port of entry the immigration or the customs officer would be asking you questions about your travel and the reasons of your travel, the duration of the stay which is intended for and they would be expecting reasonable answers as per the other paper works would say there could be conversations that he or she might choose to indulge in to based upon what the officer deems fit.

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New Rule in Force from 6th October

October 10th, 2009 Tushar Mathur

There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s.

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