AAO Processing Times as of November 1, 2009

Case	Type	Time
I – 129F	Petition for Fiancée	2 Months*
I – 129 H1B	Nonimmigrant Specialty Occupation Worker	13 Months
I – 129 H2	Temporary Nonimmigrant Worker	6 Months*
I – 129 H3	Temporary Nonimmigrant Worker	6 Months*
I – 129 L	Nonimmigrant Intracompany Transferee	8 Months
I – 129 O	Nonimmigrant Extraordinary Ability Worker	2 Months*
I – 129 P1, P2, P3	Athletes, Artists and Entertainers	6 Months*
I – 129 Q	Cultural Exchange Visitor	6 Months*
I – 129 R	N/I Religious Worker	5 Months*
I – 131	Application for Travel Document	3 Months*
I – 140 EB1	(A) ‐ Alien with Extraordinary Ability	5 Months
I – 140 EB1	(B) ‐ Outstanding Professor or Researcher	5 Months*
I – 140 EB1	(C) ‐ Multinational Manager or Executive	10 Months
I – 140 EB2	(D) – Advanced Degree Professional	27 Months
I – 140 EB2	(I) – National Interest Waiver	6 Months*
I – 140 EB3	(E) – Skilled or Professional Worker	23 Months
I – 140 EB3	(G) – Other Worker	22 Months
I – 212	Application to Reapply for Admission	2 Months*
I – 360 EB4	Petition for Religious Worker	5 Months*
I – 360 C	Special Immigrant Juvenile	2 Months*
I – 360 VAWA	Violence Against Women Act Petition	4 Months*
I – 485	Cuban Adjustment Act Application	5 Months*
I – 485	LIFE Act Adjustment Application	6 Months*
I – 485	Section 13 Adjustment Application	4 Months*
I – 526 EB5	Alien Entrepreneur	5 Months*
I – 600	Petition for Orphan	2 Months*
I – 601	Application for Waiver of Inadmissibility	26 Months
I – 612	Application for 212(e) Waiver	2 Months*
I – 687	Legalization Application for Temporary Residence	18 Months
I – 690	Legalization/SAW – Waive Grounds of Excludability	2 Months*
I – 698	Legalization Adjustment Application	2 Months*
I – 700	Special Agricultural Worker	2 Months*
I – 821	Temporary Protected Status	4 Months*
I – 905	Application to Issue Cert for Health Care Workers	2 Months*
I – 914	Application for T Nonimmigrant Status	2 Months*
I – 918	Petition for U Nonimmigrant Status	2 Months*
N – 470	Application to Preserve Residence	4 Months*
N – 565	Replacement Naturalization/Citizenship Doc	4 Months*
N – 600	Certificate of Citizenship	4 Months*
N – 643	Certificate of Citizenship for Adopted Child	2 Months*

* Within current USCIS processing time goal of six months or less

Having a Criminal Record Can Affect Your Immigration Status

If you are not a US Citizen and have a criminal record of any sort, it has become increasingly important to know and understand the immigration consequences on your immigration status.

This article explores how having any contact with the criminal justice system can affect a non-US citizen’s immigration status. A non-US citizen includes non-immigrant visa holders as well as green-card holders.

Firstly, it must be understood that being convicted is defined differently for immigration purposes than under state criminal law.

A person is considered to have been convicted if a court has adjudicated him or her guilty or entered a formal judgment of guilt against him or her. Also, a person is considered convicted for immigration purposes even if the court has withheld adjudication on the basis that (1) the person was found guilty or entered a guilty plea or nolo contendere and (2) the judge ordered some form of restraint or punishment on the person’s liberty.

Secondly, convictions for minor offenses or misdemeanors, or a sentence to only probation, or court supervision, or for that matter very old convictions, can have an impact on your immigration status. The different outcomes vary from:
1. Having your application for lawful permanent residence or naturalization denied;
2. Being placed in deportation proceedings;
3. Being put in detention while removing proceedings are ongoing;
4. Deportation to your home country;
5. Being barred from returning to the United States for certain number of years, or permanently.

Under federal immigration law, crimes of moral turpitude are crimes that shock the public conscious or involve fraud as an element. If a non U.S. citizen is convicted of a crime of moral turpitude s/he may be deported. Crimes of moral turpitude include theft, transporting or receiving stolen goods, embezzlement, fraud, adultery, assault, bigamy, kidnapping, rape, murder, etc, and even charges that may appear seemingly minor such as shop lifting, can trigger deportation proceedings.

Reproduced from e-Sandesh where the article written by our attorney , Hanishi T. Ali, was orignally published: http://iswonline.org/iswSite2/index.php?option=com_content&view=article&id=212:criminal-record-can-affect-immigration-status&catid=95:community-orgs&Itemid=200

Does the U.S. need an exit monitoring system for visitors?

The arrest of Hosam Maher Husein Smadi, the 19-year-old Jordinaian who was accused of plotting to blow up Dallas skyscrapers has drawn attention from both parties of Congress that the U.S does not have an efficient system in place to trace foreign visitors on expired visas and that the US needs a universal electronic exit monitoring system. Mr. Smadi is a most recent example of a visitoir who entered the country legally but overstayed his visa.

It is estimated that about 40 percent of the estimated 11 million illegal immigrants in the United States came on legal visas and overstayed their visas. In FY ‘09, of the 39 million temporary foreign visitors that were admitted in to the US, it is estimated that approximately 200,000 may have overstayed their visas and remained in the US.

Although the Department of Homeland Security officials express concern that the an universal exit control system can be an expensive and daunting option with more than one million crossings a day, it is one of the few ways to assure a systematic follow up that the visitors have departed and not overstayed their visas.

Sen. Charles Schumer, D-N.Y., has indicated he would attempt to apply federal stimulus funding to the building of an exit monitoring system.

FY 2010 H-1B Update (October 1, 2009)

The U.S. Citizenship and Immigration Services  (USCIS ) in its most recent updated count as of October 1, 2009, stated that as of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Obtaining Lawful Permanent Residence by Adjustment of Status

As an extension to our article on applying for a green card for your parents or other immediate relatives, this article discusses the ways to obtain lawful permanent residence through a family based petition.

The two alternate ways in a family based petition to obtain lawful permanent resident status are: (i) consular processing which usually takes place in the intending immigrant’s country of residence and (ii) adjustment of status which is processed by the United States Citizenship and Immigration Services (USCIS) in the United States.

Adjustment of status essentially is a provision in the immigration law that allows certain persons to obtain a green-card or a lawful permanent status while being in the United States and without having to go abroad to the consular office in their home country to apply for an immigrant visa.

Adjustment of status applications must be filed when the applicant is in the US and with the USCIS.  Generally, a foreign national applying for a green card as an immediate relative or through a family based preference categories qualifies for an adjustment of status process.  A major advantage for immediate relatives is that an adjustment of status can be filed concurrently with the petition for a green card so that the immediate relative(s) are able to adjust as soon as their green card petitions are approved.

One can apply for an adjustment of status so long as:
• S/he entered the United States legally on a valid visa and were inspected and admitted or paroled.
• Never worked in the United States without valid work authorization. This means never having worked illegally.
• Was in a lawful non-immigrant status at all times when in the United States (there are certain exceptions to this requirement) . This means that the applicant has not overstayed the period of time stamped on his or her I-94.
• Were not a non-immigrant admitted without a visa under the visa waiver program (with certain exceptions).
• Were not admitted on a K visa – unless adjusting based on marriage (must occur within 90 days of entering the United States) to the US citizen spouse who filed the non-immigrant visa petition.
• S/he is not in removal proceedings.

Our office generally recommends adjustment of status where possible as opposed to consular processing since:
• The applicant does not have to return to his/her home country.
• Typically time required for obtaining a green-card is shorter through the adjustment of status route.
• Applicant is eligible to obtain employment authorization.
• Applicant has access to administrative and judicial appeal if his/her application is denied.

H-1B September 2009 Update

In the H-1B count released by the U.S. Citizenship and Immigration Service (USCIS) the H-1B cap subject petitions count was 46,000 as of September 18, 2009 and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS has warned that it will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing was discovered.  So, if multiple petitions are discovered by the USCIS, it will retain all fees and either deny the petitions or, if the petition was approved, USCIS has the right to revoke the petition.

USCIS Unveils its Redesigned Website Today

U.S. Citizenship and Immigration Services (USCIS) has unveiled its re-designed website today. The re-designed USCIS website looks pretty impressive  and definitely seems more user-friendly and navigable at first glance than its previous website.

The new Customer Tools section makes it a lot easier for users to navigate and find what they are looking for right on the USCIS homepage and users can check filing fees, file an application online, check the case status, as well as sign up for updates.

My Case Status has replaced the Case Status Online and a new option has been added for users to receive alerts through text messages sent to their phones. This way, users that sign up for text alerts will get a text message letting them know when an update has been made to their case.

My Case Status feature has been greatly enhanced and provides information to users about their individual case as well for the first time gives users access to national volumes and trends associated with key immigration petitions. This feature will, no doubt, greatly improve user satisfaction as it gives users a better understanding of what to expect in terms of processing times and is a step by the agency towards greater transparency.

My Case Status provides information to users on:

• what processing step their case is in;
• where that particular step falls in the process as a whole;
• national goals and average processing times; and
• specific processing time for the office where their case is spending.

The Where to Start section on the left side of the homepage is another useful feature that helps users to find content more easily and a provides a one-stop shop for immigration purposes. The feature enables users to retrieve the eligibility criteria and application procedure for the immigration procedure sought.

The Forms tab too is more user focused and rather than simply listing form numbers, the re-designed dashboard categorizes forms by areas such as Employment based forms, Green card based forms, or Citizenship and Naturalization based forms.

All in all, a thumbs up for the redesigned USCIS website which seems more user-friendly, easier to navigate, and less overwhelming for users.

Keep Track of What Issues Obama is Spending Most Time On

Washington Post’s interactive database helps one to track what issues President Obama is spending most time on, whether it is the US Economy, Foreign Policy, Immigration, Health care, Defense, or other issues, by tracking issues discussed and at what type of events.

Check it out: Click Here

Effective Today Federal Contractors and Subcontractors Required to Use E-Verify

Effective today Federal Contractors and Subcontractors will be required to use the E-Verify system, an electronic system to verify their employees’ eligibility to work in the United States, if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause.

Companies awarded a contract with the E-Verify clause on or after September 8 2009 will be required to enroll in E-Verify within 30 days of the contract award date.  E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

The U.S District Court Judge Alexander Williams Jr. rejected an emergency motion for an injunction by U.S. Chamber of Commerce and other business groups to delay the mandate while a federal appeal is pending. The U.S. Chamber of Commerce and other business groups argue that that it is illegal for the government to extend E-verify to contractors through an executive order and that E-Verify will put greater liability on employers and employers will incur a cost burden to modify their payroll systems or existing personnel.

E-Verify,  which compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by the Department of Homeland Security in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens. Although the the E-verify system will reduce hiring of illegal immigrants by verifying documentation it is not fool proof as it fails to verify identities of employees and thus illegal workers using the identities of other workers who are authorized to work in the U.S. could continue to do so.

For more information on the program see here:

Thinking of Applying for a Green Card for your Parents or Other Immediate relatives – Now is a Great Time!

Have you been thinking of applying for a green card for your parents or other immediate relatives who are living abroad and that you would like to bring to the U.S.? If so, now is a great time to consider filing a petition for your immediate relatives, as projected times to complete processing are at an all time low. This article discusses the basics of benefits, eligibility criteria, and process of applying for a green card for an immediate relative, but it cannot be considered legal advice or replace the value of an individual consult with an immigration attorney who is able conduct a complete analysis based on  individual circumstances.

Immediate Relatives:

Immediate relatives are the most favored category of family members and are not subject to numerical limits, which in essence means that they are immediately eligible to apply for a visa. This also means that immediate relatives are not subject to the visa allocation system as other family based green card preference categories. Immediate relatives include:

• Parents of U.S. Citizens who are over 21 years old,
• Unmarried children (under 21 years old) of U.S. Citizens, and
• Spouses of U.S. Citizens.

Benefits:

Benefits of a legal permanent resident or a green card are several:

• Ability to enter the United States without requiring a visa ;
• Ability to take up gainful employment upon arriving into the United States without requiring a sponsor or a pre-arrange an approved job offer.
• Ability to apply for a U.S. Citizenship eventually

Eligibility Criteria:

In order to be able sponsor an immediate relative you must:

• Be a U.S. citizen and provide documentation such as a naturalization certificate and/or a U.S. passport to show your status
• Meet an income threshold and support the relative you are sponsoring at 125% above the mandated poverty line.

Process :

1. It must be shown that the immediate relative being sponsored is eligible for immigration and that a qualifying family relationship exists and that the sponsor is a U.S. citizen or a permanent resident. It must also be shown that the immediate relative is admissible to the United States and not deportable.
2. In most family sponsored immigrant visa cases, the U.S. citizen or permanent resident must file an immigrant visa petition on Form I-130 (Petition for Alien Relative);
3. Concurrent filing of the immigrant visa petition and the application for permanent residence is allowed in certain family sponsored cases, and this is called filing for an adjustment of status application, filed on Form I-485. The biggest advantage of adjusting status is the ability of the immediate relative to get the permanent status i.e. green card without having to leave the United States. To take advantage of the adjustment of status process, the immediate relative of the U.S. citizen must not only be in the U.S. but must also have proof of  lawful entry in to the United States. However, the U.S. citizen sponsor must be aware of the legal concept of non-immigrant intent and that when an immediate relative entered into the United States with a visitor’s visa s/he demonstrated an intent to return to her/his home country and that applying for a lawful permanent resident status could be perceived to be contrary to the intent represented and therefore could be considered a violation of her or his visa terms. Therefore, in situations where an adjustment of status is sought, it is advisable to consult an immigration attorney.

As mentioned earlier, the turnaround time for a green card for an immediate relative along with concurrent filing for an adjustment of status is relatively fast at present and is taking approximately 5 months at the time of writing this article. So, if you have been thinking about applying for a green card for any of your immediate relatives – now is a great time to take advantage!

Reproduced from Lokvani where the article written by our attorney , Hanishi T. Ali, was orignally published: http://www.lokvani.com/lokvani/article.php?article_id=5938