MVP LAW GROUP – Immigration Q&A Forum, Friday, June 24, 2016

June 24, 2016

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?

Answer #1
It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation.


Question #2 – J-1 Visa
My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

Answer #2
Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.


Question #3 – Visa Interview
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

Answer #3
It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.


Question #4 - Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #4
A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.


Question #5 - Student Visa (F1)
I am currently on an F1 Visa. I am planning to get married in early January 2016. Can I bring my wife to the US on a dependent visa while I am on F1 Visa status?

Answer #5
The F2 is reserved for the spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.


Question #6 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?

Answer #6
H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.


Question #7 – Temporary Work Visa: H-2B
If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?

Answer #7
You will need to return to the country of which you are a citizen and apply for another visa for the next work season if there remains a need for your services.


Question #8 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?

Answer #8
If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10 year bar.


Question #9 – General
My sister is filling up the form DS 160 for H1b through her multinational company in India. What should she mention in the question, “Do u have a relative in USA”? I was on J1 visa for 3 years and got F1 approved while in USA only. But unfortunately, I lost my F1 visa due to Tri Valley University, but I am still enrolled as full time student in a school in USA in F1. Will she face further questions on my visa details or terminated SEVIS during visa interview? Can it jeopardize her prospects of getting visa?

Answer #9
Your sister should be truthful in the completion of her DS-160 application. Your status should not affect her status. This ultimately is an application and an interview regarding her potential employment and should not concern you. It is not her business to know all of the details of your visa status. The questioning from the visa officer should be centered on her, not her family or your status. Your visa status/circumstances should not jeopardize her attainment of an H1B nonimmigrant visa.


Question #10 - H-1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?

Answer #10
The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Time is only counted towards the 6 year limit when you are physically present in the U.S., each time you go outside the U.S., the clock stops and you are no longer in H-1B nonimmigrant visa status until you return to the U.S.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 8, 2016!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Las Vegas-Area Immigrants Will Receive Free Legal Consultations from Immigration Attorneys

June 23, 2016

On Saturday, June 25, 2016, the American Immigration Lawyers Association (AILA), their local Nevada Chapter and the Progressive Leadership Alliance of Nevada (PLAN), will offer free immigration law services. The event is AILA’s sixth annual Pro Bono Clinic which is being held in conjunction with AILA's 2016 Annual Conference on Immigration Law! This Free Legal Clinic will take place at the Linq Hotel and Casino, supported by Caesars Entertainment's Diversity & Inclusion Department. There will be dozens of Immigration Attorneys from around the country available to answer questions and assess each participant case as it pertains to Immigration Law.

AILA Executive Director Benjamin Johnson, Esq. stated, "Las Vegas is a vibrant, growing city where immigrants have built their lives and have had huge positive impacts on the community, the economy, and society as a whole. AILA members are very proud to help those seeking assistance with the naturalization process and to help them to take one step closer to becoming a United States citizen".

All interested individuals are encouraged to attend this event, including members of the press. Immigrants interested in speaking with an attorney are encouraged to call PLAN at (702) 970-3001 in advance.

Date/Time: Saturday, June 25, 2016, 10:00 AM - 2:00 PM
Location: The Linq Hotel and Casino (10 minute walk from the Cosmopolitan Hotel)
Social Rooms A&B
3535 Las Vegas Blvd South
Las Vegas, NV 89109

Volunteer interpreters in Spanish, French, Chinese (Traditional/Mandarin), Haitian Creole, Portuguese, Russian, Tagalog, German, Farsi, Azari, Turkish, Armenian, and Italian will be in attendance.


Source of Information:
AILA.org, 6/21/16, News Release (AILA Doc. No. 16062135):
Free Legal Consultations from Immigration Attorneys During AILA’s Annual Conference in Las Vegas


Related Links:
AILA's 2016 Annual Conference on Immigration Law

American Immigration Lawyers Association - Nevada Chapter

Progressive Leadership Alliance of Nevada (PLAN)

Linq Hotel and Casino

BALCA Vacates Denial Notwithstanding Incomplete ETA 9089

June 22, 2016

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Medical & Clinical Laboratory Technologist”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification demanding the employee’s work credentials. The Employer sent the worker’s qualifications including prior work experience from his former employer to the CO for review.

Upon review of the Audit response, the CO denied the Labor Certification Application. The CO believed the credentials recorded on the application did not match the position’s minimum job requirements. The Employer sent a reconsideration request to the CO. In the argument, the Employer stated that the employee had the required two years of previous work experience, and included again for the record, documentation of the beneficiary’s previous work experience. Additionally, since the company opened in 1998, they had not hired anyone with less than two years’ experience for this position.

Once again, the CO denied certification because the Employer did not list the employee’s qualifying experience on the Labor application. The CO forwarded the case to BALCA for review requesting confirmation of his rejection.

After BALCA’s examination of the case, the administrative judge sent the case back to the CO for processing. The Board believed that the CO declined to study all of the Employer’s documentation prior to reaching his decision to deny. Even though the Employer did not include the entire employee’s prior work experience in the Labor Application, BALCA took into consideration the evidence submitted in the Audit & reconsideration responses. This evidence clearly indicated the employee’s qualifications exceeded the minimum requirements for the position.

Administrative Appeals Office (AAO) Processing Times - 6/1/16

June 21, 2016

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of 6/1/16.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is current.

*Current = 6 months or less


Source of Information:
USCIS.gov, (6/9/16), AAO Processing Times

AILA Doc. No. 16061700. (Posted 6/17/16)

MVP "Immigration Q & A Forum" - This Friday, June 24, 2016

June 20, 2016

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 24, 2016. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Updated Service Center Processing Times (4/30/16)

June 17, 2016

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 6/14/16 with processing dates as of 4/30/16.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center (CSC)

National Benefits Center (NBC)

Nebraska Service Center (NSC)

Texas Service Center (TSC)

Vermont Service Center (VSC)

EB-5 Immigrant Investor Program Office (IPO)


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

Impact of New Americans (2015) - Nevada, New Hampshire & New Jersey

June 16, 2016

Immigration Policy Center Releases Updated State-by-State Fact Sheets (2015)

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Nevada, New Hampshire & New Jersey.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

Nevada
New Hampshire
New Jersey


Source of Information:
The Immigration Policy Center (IPC), Interactive Map (fact sheets):
The Economic and Political Impact of Immigrants, Latinos and Asians State by State

The Immigration Policy Center (IPC), List (fact sheets):
The Economic and Political Impact of Immigrants, Latinos and Asians in all 50 States

USCIS Teleconference - H-2A and H-2B Nonimmigrant Visa Classifications – 6/29/16

June 15, 2016

The United States Citizenship and Immigration Services (USCIS) will be holding a teleconference on Wednesday, June 29, 2016 between 2:00 to 3:30pm (Eastern). The subject of the event will be “H-2A and H-2B nonimmigrant visa classifications”. The first half will focus on the H-2A classification (temporary agricultural workers) and the second half will focus on the H-2B classification (temporary non-agricultural workers).

The teleconference will include a brief overview of each program and summary of recent updates. USCIS officials will answer the non-case specific questions submitted in advance and if time permits, a live Q&A session. If you would like to submit questions before the teleconference, please email USCISIGAOutreach@uscis.dhs.gov by Friday, June 10, at 5pm (Eastern). Please put “H-2 Teleconference” in the subject line, and specify if your question is related to H-2A or H-2B.

Event Information:
DATE: Wednesday, June 29, 2016
TIME: 2:00 – 3:30pm (Eastern)

To register for this session:
- Visit our registration page to confirm your participation
- Enter your email address and select “Submit”
- Select “Subscriber Preferences”
- Select the “Event Registration” tab
- Provide your full name and organization
- Complete the questions and select “Submit”

Note: After your registration is processed, you will receive a confirmation email with additional information.


Source of Information:
USCIS.gov, 6/8/16, Outreach Invitation:
- H-2A and H-2B Nonimmigrant Visa Classifications
- Meeting Invitation


Related Link:
USCIS.gov, 12/3/15, Web Page:
H-2A Temporary Agricultural Workers

USCIS.gov, 2/5/16, Web Page:
H-2B Temporary Non-Agricultural Workers

BALCA Rejects CO’s Strict Specifications for Ad Copies

June 14, 2016

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Home Health Care Aide”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He asked the employer to provide more information about their print advertising for the job.

The CO denied the application declaring that the Employer failed to deliver sufficient documentation for the mandatory print advertisements. The Employer did not provide copies of the advertisement that contained both the name of the newspaper as well as the date of publication, He cited the Employer was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(i)(B)(3) and 656.17(e)(2)(ii)(C).

PERM regulation 20 C.F.R. 656.17 (e)(2)(ii) requires that the newspaper advertisements must be placed on two separate Sundays. This is to ensure US workers can be provided the opportunity to apply for these positions.

The Employer requested BALCA review proclaiming that it submitted proper evidence in its Audit Response. The Employer submitted two pages of newspaper copies in its audit response. One of the pages shows the advertising text and the other page displays the name of the newspaper and the date. The Employer also presented screen shots from the newspaper’s online web page.

After BALCA’s examination of the case, the case was sent back to the CO for further examination. Even though the advertising content does not seem to fulfill the PERM regulations at 656.17 (f), they believed the copies of the newspaper pages as well as the screenshots satisfied the obligation for the recruitment phase. The Board gave the CO “instructions to consider whether the content of the Employer’s newspaper advertisement satisfies the requirements of 656.17(f).” This PERM regulation expects the newspaper ad to contain the name of the employer, location & a specific description of the job. The Employer’s ad did not name the employer, location or provide a detailed description of the position.

Visa Bulletin - July 2016

June 13, 2016

The Department of State has released its latest Visa Bulletin.
Click here to view the July 2016 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

Application Final Action Dates (consistent with prior Visa Bulletins)
The “Application Final Action Dates” chart, as provided in the July 2016 Visa Bulletin shows the EB2 date for nationals from India moved from 10/1/04 to 11/1/04; the EB3 date for nationals from India moved from 9/22/04 to 10/22/04; the EB2 date for Chinese Nationals remained at 1/1/10; the EB3 date for Chinese Nationals remained at 1/1/10; and the EB3 date for the WW category moved from 2/15/16 to 3/1/16; and the F2A category moved from 11/8/14 to 11/15/14, except Mexico which remained at 9/1/14. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs). Please understand the Immigrant Visas are authorized for issuance ONLY for applicants whose priority date is EARLIER than the cut-off date listed in the chart.

Dates for Filing Applications
The “Dates for Filing Applications” chart, as provided in the July 2016 Visa Bulletin shows the EB2 date for nationals from India at 7/1/09; the EB3 date for nationals from India at 7/1/05; the EB2 date for Chinese Nationals at 6/1/13; the EB3 date for Chinese Nationals at 5/1/15; and EB3 date for the WW category is now CURRENT; and all of the F2A category at 10/15/15. Please understand that the listing of a date for any category indicates that ONLY applicants with a priority date which is EARLIER than the listed date may FILE their application.

*”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 10, 2016

June 10, 2016

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?

Answer #1
It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation.


Question #2 – J-1 Visa
My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

Answer #2
Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.


Question #3 – Visa Interview
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

Answer #3
It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.


Question #4 - Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #4
A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.


Question #5 - Student Visa (F1)
I am currently on an F1 Visa. I am planning to get married in early January 2016. Can I bring my wife to the US on a dependent visa while I am on F1 Visa status?

Answer #5
The F2 is reserved for the spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.


Question #6 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?

Answer #6
H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.


Question #7 – Temporary Work Visa: H-2B
If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?

Answer #7
You will need to return to the country of which you are a citizen and apply for another visa for the next work season if there remains a need for your services.


Question #8 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?

Answer #8
If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10 year bar.


Question #9 – General
My sister is filling up the form DS 160 for H1b through her multinational company in India. What should she mention in the question, “Do u have a relative in USA”? I was on J1 visa for 3 years and got F1 approved while in USA only. But unfortunately, I lost my F1 visa due to Tri Valley University, but I am still enrolled as full time student in a school in USA in F1. Will she face further questions on my visa details or terminated SEVIS during visa interview? Can it jeopardize her prospects of getting visa?

Answer #9
Your sister should be truthful in the completion of her DS-160 application. Your status should not affect her status. This ultimately is an application and an interview regarding her potential employment and should not concern you. It is not her business to know all of the details of your visa status. The questioning from the visa officer should be centered on her, not her family or your status. Your visa status/circumstances should not jeopardize her attainment of an H1B nonimmigrant visa.


Question #10 - H-1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?

Answer #10
The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Time is only counted towards the 6 year limit when you are physically present in the U.S., each time you go outside the U.S., the clock stops and you are no longer in H-1B nonimmigrant visa status until you return to the U.S.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, June 24, 2016!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Filipino World War II Veterans Parole Program

June 9, 2016

On Wednesday, June 08, 2016, the Filipino World War II Veterans Parole (FWVP) Program takes effect. This program allows certain Filipino World War II veteran family members an opportunity to receive a grant of parole on a case-by-case basis. If these family members are approved for parole they will be able to come to the United States before their immigrant visas are available. They will also be able to apply for work authorization.

USCIS has created a Web Page, “Filipino World War II Veterans Parole Program”, with more detailed information.

The web page provides additional information on:
• Definitions;
• Program eligibility;
• Requesting parole under the FWVP Program;
• Processing your application;
• Beneficiary interview;
• Post-interview process;
• What it means to be a parolee; and
• Protecting yourself from fraud.


Source of Information:
USCIS.gov, 6/7/16, Web Page:
Filipino World War II Veterans Parole Program

USCIS.gov, 5/9/16, News Release:
USCIS to Implement Filipino World War II Veterans Parole Program

USCIS Videos (YouTube):

USCIS Video (English):
Filipino World War II Veterans Parole Program Announcement

USCIS Video (Filipino):
Balita tungkol sa Programang Parole para sa mga Pilipinong Beterano ng World War II

Related Link:
The Beacon (USCIS Blog), posted 9/16/16:
A Salute to Three Proud Filipino WWII Veterans