H1B Visa Lawyer Blog

These USCIS statistics on DACA cases from 8/15/12 to 3/31/13 show a total of 472,004 DACA requests accepted for processing, 456,843 biometric services appointments scheduled, and 268,361 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 354,002 received to date and 209,978 approved. California was the top state of residence with 134,167 received to date and 73,104 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (April, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 4/12/13)”

These USCIS statistics on DACA cases from 8/15/12 to 3/14/13 show a total of 453,589 DACA requests accepted for processing, 442,041 biometric services appointments scheduled, and 245,493 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 338,334 received to date. California was the top state of residence with 128,412 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (March, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 3/15/13)”

These USCIS statistics on DACA cases from 8/15/12 to 2/14/13 show a total of 423,634 DACA requests accepted for processing, 411,739 biometric services appointments scheduled, and 199,460 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 313,722 received to date. California was the top state of residence with 119,466 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (February, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 2/15/13)”

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 5, 2013 with processing dates as of December 31, 2012.

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
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**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.

Once you are approved under Deferred Action for Childhood Arrivals (DACA) can you legally travel outside of the United States? This is one of the many questions being asked about the DACA process. The answer is yes, but it is restricted and can be risky! After DACA approval you must apply and receive advance parole from the U.S. Citizenship and Immigration Services (USCIS) using Form I-131, Application for Travel Document ($360 filing fee) for any foreign travel.

USCIS normally only grants advance parole for foreign travel under the following reasons; Humanitarian purposes, Educational purposes and Employment purposes. Vacation travel is not considered a valid reason. Please note that your Deferred Action will be dismissed automatically if you travel outside the U.S. without receiving advance parole!

If you were ordered deported or removed before you were granted Deferred Action you need to clear that up before traveling even if you have already been approved for advance parole. Before you actually leave the U.S., you should seek to reopen your case with the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceeding. If you do not receive closure or termination before leaving this country you could be considered deported or removed and your Deferred Action terminated. Simply, you would not be allowed to return to the United States!

If you have been granted Deferred Action under DACA travel outside of the U.S. is restricted but possible. It is a risk but if done properly you can mitigate that risk.

For more information on this subject, review the following links:
- USCIS FAQs on DACA, specifically category on Travel, Question #3
- USCIS web page on the DACA process, specifically the Travel information

Article on the subject:
- “Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?”

The USCIS has updated their Frequently Asked Questions (FAQs) for Deferred Action for Childhood Arrivals (DACA) on their web site. The new FAQs cover a wide range of DACA subjects including “Lawful Status” and “Travel Outside of the U.S.” and are marked, “NEW”. These new questions and answers have been added to the already existing list and add to the knowledge base for this subject.

For more information please read the USCIS FAQs updated January 18, 2013 on DACA.

These USCIS statistics on DACA cases from 8/15/12 to 1/17/13 show a total of 394,533 DACA requests accepted for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (January, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 1/18/13)”

These USCIS statistics on DACA cases from 8/15/12 to 12/13/12 show a total of 355,889 DACA requests accepted for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (December, 2012)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Bulletin (Posted 12/14/12)”

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 5, 2012 with processing dates as of October 30, 2012.

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
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**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.

On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act will allow individuals who meet the established criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.

Key differences from the DREAM Act:

- ACHIEVE Act does not provide a green card to the beneficiaries but creates instead a “permanent nonimmigrant status”

- ACHIEVE Act restricts eligibility to a more narrow class of individuals than DREAM

Some of the eligibility requirements for the initial W-1 visa:

- Initially entered the United States under the age of 14

- Under the age of 29 years on the date of enactment (32 years for those who earned a bachelor’s degree/associate’s degree prior to enactment of the Act)

- Continuous physical residence in the United States during the 5-year period preceding enactment

- Good moral character since the date of initial entry

-Has not been convicted of a felony, crime of moral turpitude, or a misdemeanor under Federal or State law punishable by imprisonment of more than 30 days. (Exception exists for traffic violation that does not include alcohol or controlled substances)

-Does not have a final order of removal (with some exceptions)

- Earned a high school diploma from a high school in the U.S. or a GED; AND
> Is enlisted/intending to enlist in the military;
> Is admitted as a student to an institute of higher education;
> Has earned a bachelor’s degree or an associate’s degree; or
> Has served for a period of at least 4 years in one of the branches of the Armed Forces and was not dishonorably discharged

Source of Information: “AILA InfoNet Doc. No. 12112746. (Posted 11/27/12)”

For more related information and other articles on the “ACHIEVE Act”, please review the following news stories.

Details surface on Rubio-GOP version of Dream Act

Achieve Act Introduced By Kay Bailey Hutchison, Jon Kyl

Hutchison, Kyl propose plan similar to DREAM Act — but without citizenship

Congressional Hispanic Caucus Rejects ACHIEVE Act

These USCIS statistics on DACA cases from 8/15/12 to 11/15/12 show a total of 298,834 DACA requests accepted for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (November, 2012)”

Source of Information: “AILA InfoNet Doc. No. 12111648. (Posted 11/16/12)”

On Sunday, November 18, 2012 the Governor of Massachusetts announced that students that qualify for the Federal Deferred Action Childhood Arrivals (DACA) Program would be charged in-state tuition and fees. On the following Monday, Governor Deval Patrick send a letter to the state’s Board of Higher Education immediately lowering the rates and allowing undocumented students already attending Massachusetts colleges and universities to apply for a refund of the differ between out-of-state tuition to in-state tuition. This action will reduce the cost of tuition for qualified undocumented immigrants by more than half.

Read more: http://latino.foxnews.com/latino/politics/2012/11/19/massachusetts-governor-grants-in-state-tuition-to-undocumented-immigrants/#ixzz2ChOysVDJ

View the (.PDF) fact sheet on Massachusetts’s In-State Tuition for DACA Beneficiaries

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 29, 2012 with processing dates as of September 30, 2012.

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
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**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.

If you are granted Deferred Action status and after you are issued an Employment Authorization Card (I-765), you may apply for a Social Security Number. You must apply in person at your local Social Security office and must bring your newly issued I-765 and proof of age and Identity. To prove age and identity you must show an original or certified copy of one of the documents listed below.
• Foreign birth certificate;
• Foreign passport;
• U.S. military record;
• U.S. military identification card;
• Religious record showing age or date of birth;
• U.S. driver’s license;
• U.S. state-issued identification card;
• School record showing age or date of birth;
• School identification card; or
• Copy of medical record.

For further details read the original publication (http://www.socialsecurity.gov/pubs/deferred_action.pdf)

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 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that I gave the USCIS a while ago are set to expire soon. Should I make an Info Pass appointment at my local USCIS office to give them a new set of fingerprints?

Answer #1
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

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

Answer #2
Considering the circumstances, if your visa was cancelled, you should make arrangements to leave immediately. If your visa has expired, which is different, you should make arrangements to leave within 30 days of the expiration of your J1 visa, this time period is called a ‘grace period.’

Question #3 – Non-Immigrant Visas
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?

Answer #3
NO. A B-1 visa is reserved for Business visitors who are not allowed to be gainfully employed in the United States. B1 visa holders are limited in the actions that they may partake in while in the U.S. as a business visitor. In order for them to be able to work (gainful employment) while in the U.S. a work visa is required. An H-1B nonimmigrant visa is a work visa reserved for specialty occupation foreign workers.

Question #4 – Green Card: Travel
We just applied for my husband’s green card. Can he travel back home to visit family while the I-485 is pending?

Answer #4
If you included Form I-131 in the Adjustment of Status petition for your husband, then once Form I-131 is approved, he should be able to travel back home to visit his family while his I-485 remains pending. Form I-131 is called Advance Parole, the document will allow him to exit and enter the United States for the validity period listed on the document.

Question #5 –Temporary Work Visa: H-1B
What should I do if I am fired from my job while in the United States on an H-1B visa?

Answer #5
If you have been fired from your job while in the United States your employer is liable to pay for your return transportation to your country of residence. Your employer is also responsible for informing the USCIS that you are no longer an employee. Once the USCIS receives this information, they will revoke the underlying H-1B.

Question #6 – Green Card: Family Based
My EB-2 priority date is January 18, 2010 and I have a pending I-485 application. My fiancé and I are getting married in February 2013. Since my I-485 is not approved yet, I heard thru the online forums that it is possible to include her in my green card application so that both of us can get our green cards when my priority date is current. Is that true? If so, when and how should I start the process?

Answer #6
You will need to wait for your priority date to become current before you are able to file your spouses’ I-485, Adjustment of Status application.

Question #7 – DACA
I think I am eligible under DACA. Do you think given the risks, I should file my application?

Answer #7
Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS. Please feel free to contact our office.

Question #8 – Tourist Visa
How do I provide proof of return, if I have gone home after being on a tourist visa?

Answer #8
When you exit the United States, you hand over your I-94, Arrival-Departure Document. When you enter your home country, your passport is stamped with the date of your arrival. This passport stamp serves as proof of your return to your home country.

Question #9 – Student Visa (F1)
Should I apply for a student visa before or after I am accepted to an institution in the U.S.? And approximately how much time should be in between when I apply for the visa and when I plan on coming to the States?

Answer #9
You should apply for a student visa after you are accepted into an SEVP certified institution in the United States. The School will assist you in completing the necessary paperwork and obtaining the appropriate papers (Form I-20) for you to obtain your student visa, enter the U.S. and begin your education in the U.S. Students are encouraged to apply for their visa early to provide ample time for visa processing. Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. Students should be advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20.

Question #10 – Temporary Work Visa: H-1B
Can I travel in and out the country at free will while on an H-1B visa?

Answer #10
You may travel in and out of the U.S. while on the H-1B visa if you have a valid H-1B visa stamped in your passport; however, we recommend that you limit your international travel to emergency/vacation purposes. Customs and Border Patrol (CBP) is the agency that grants or denies re-entry into the U.S.

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

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

The Department of Homeland Security (DHS) has advised how they will handle and process Deferred Action for Childhood Arrivals (DACA) requests. AILA has listed these advisories below:

• DHS has advised AILA that its current internal goals for processing of DACA requests are:
o One month from receipt issuance to biometric appointment (the first round of biometrics started on September 6, 2012)
o Four to six months average processing time for the initial group of DACA deferred action requests. DHS anticipates that this timing may slow down as the volume picks up.

• USCIS will first issue notices regarding the exercise of discretion to grant deferred action, then will process the EAD applications.

• DHS indicates that we can expect to start seeing adjudications of the requests for exercise of discretion in the next couple of weeks.

• USCIS is working on another round of FAQs to address some of the issues being raised as people are working with the actual process.

• Where requests are not approved on the initial submission, USCIS intends to send either a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). It will go straight to denial only where the individual is clearly ineligible (the example given was if the requester was born in 1972).

• USCIS will notify those whose requests are denied by using a checklist with the reason(s) for the denial checked off.

Source of Information: "AILA InfoNet Doc. No. 12090747 (posted Sep. 7, 2012)"