attending and scheduling an immigration appointment during COVID19

By Jessica Suotmaa 0

During the novel COVID-19 pandemic, we are all trying our best to stay safe, stay home, and keep our distances.  However, with United States Citizenship and Immigration (USCIS) offices opening up starting June 4, 2020, some of us may need to make a visit.

A few reasons why you may need to visit USCIS include:

Generally, if your appointment was cancelled due to office closures, you do not need to do anything. You will receive a new appointment notice in the mail.  This also applies to biometrics appointments for finger printing.

If you need an appointment for some other purpose, e.g. an INFOPASS, then you can make one through the USCIS contact center if your local office is open. Not all offices will be open, so check the USCIS office closures page to see if your nearest office is on the list. If it is, it’s closed.

If you need assistance with an application or petition, scheduling an appointment, or cancelling a scheduled appointment, feel free to contact our office for support.

When visiting USCIS offices, be sure to be prepared in the following ways:

Remember to follow the general coronavirus guidelines in moving outdoors, which is to stay home if you’re feeling unwell.  If you are sick, have symptoms, or have been in contact with someone who is sick, please cancel your appointment immediately according to the instructions on your appointment notice.  Your appointment will be rescheduled without penalty.

 

How has COVID-19 affected U.S. Immigration?

By Jessica Suotmaa 0

The COVID-19 pandemic has resulted in a halt in our daily lives, and significant (temporary) changes to the U.S. immigration system.  In this article, we have compiled coronavirus related immigration changes by category, or circumstance.  However, we do not go into specifics as it would depend on your individual situation and would require our attorneys’ review.  Please contact our office if you’d like an experienced immigration attorney to review your specific circumstance.

COVID-19 Testing & Public Charge Rule

On March 13, 2020, the United States Citizenship & Immigration Services (USCIS) announced the “testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” does not fall under the public charge condition. Therefore, certain nonimmigrants seeking an to adjust status or to extend stay can still test and treat COVID-19 via publically funded programs such as Medicaid or Medi-Cal. In fact, USCIS encourages anyone with coronavirus symptoms to seek medical treatment or preventative services, promising it will not negatively affect a foreign national as a part of its future public charge analysis.

To read more about public charge, and what it usually entails, click here.

COVID-19 Caused Unemployment & Public Charge Rule

In the same breath, USCIS has confirmed that it generally does not consider unemployment insurance receipt as part of the public charge determination.  Department of Homeland Security (DHS) stated it does not consider federal and state retirement, social security retirement benefits, social security disability, post-secondary education, and unemployment benefits as public benefits under the public charge inadmissibility rule. The reason is that these benefits are “earned” and to qualify for them one must have contributed via employment and specific tax deductions.

The USCIS policy manual for public charge inadmissibility determination also clearly states that unemployment benefits are an “earned” benefit are are not considered under this rule.

USCIS Office Closures

Since March 18, 2020, USCIS announced the cancellation of in-person visits until at least May 3, 2020. Check with your local office to see if they’re up and running, and whether you can reschedule your appointment, schedule a new appointment, and how to go about rescheduling.

Although in-person services with USCIS are halted, their lockbox is still open for receipt of applications and petitions.  Unfortunately biometrics and medical exams cannot be scheduled at this time, which may delay the processing of any application or petition that requires finger printing or interviews.  For example, the I-765 Employment Authorization renewal can still be mailed for processing, and USCIS has indicated it would process work permit renewals using previously taken finger prints.

On March 27, 2020, USCIS announced it will extend the deadlines to any Requests for Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1st and May 1st, 2020 by sixty (60) days. This automatic extension also applies to Notices of Intent to Terminate (NOIT) and Notices of Intent to Revoke (NOIR). Certain field offices may have additional extensions that apply to even earlier notices. Check with your field office website or call the office for confirmation.

To contact USCIS, click here, or call (800) 375-5283. If you’d like assistance in the scheduling or rescheduling of your appointment, contact our office for advice.

ICE Office Closures

Immigration and Customs Enforcement (ICE) has announced that it will not be searching medical facilities, such as hospitals, for illegal immigrants.

Due to COVID-19, detention centers no longer allow “social” visitors to visit detainees.

Whether or not your specific field office is open, and whether you need to check-in depends on the location and your individual situation. If you have questions, please contact your designated office. If you need assistance in determining whether you need to make the visit, or someone to accompany you, please contact our office.

Immigration Court Closures

The Executive Office of Immigration Review (EOIR), or immigration court, in Los Angeles is currently only open for detainee hearings and filings.   If you have a pending case with the immigration court, and are not sure where you stand, you can contact the court or our office for additional support.

 

Finally, refugee entries have been restricted, and the asylum agreement with Guatemala has been stopped for the time being. If you have questions regarding how COVID-19 has affected your particular circumstances, do contact our office to speak with an experienced immigration professional.

Telling your story to immigration

By Jessica Suotmaa 0

Storytelling might not be the first thing that comes to mind when planning your immigrant or non immigrant benefit application or petition, but it is worth considering.  The United States Citizenship & Immigration Services (USCIS) forms request a great number of facts while leaving little room for explanation. As such, many self-applicants may believe they should summarize their story into a short “blurb”.  We’re here to tell you this is not the case.

Regardless whether you’re trying to immigrate through family or asylum, petitioning for benefits based on hardship, or if you’re seeking nonimmigrant status via employment or investment, you should share your story.  Many of our clients submitted short summaries at the beginning, expecting the chance to expand and share their narrative later at the interview—only to find the interview is based on what was submitted. The interviewer will question new information that was not initially submitted as it suggests that you fabricated additional details to your story. This may not be true, but it’s cause for suspicion.

On the opposite spectrum, you have applicants and petitions who provide too much information, drowning the reviewing officer in data and evidence. How much time do you think a USCIS employee has to review and adjudicate on your application? It’s probably less than you’d think. Hence our suggestion to submit organized and clear submission packages. Not only is there limited time to review your submission, but it might be reviewed by several people, to varying extents.  Without a clear link, or narrative, to string your evidence together, your submission can be confusing at best; overwhelming at worst.

What immigration attorneys and paralegals do for you is they listen to understand your story, apply it to USCIS standards, request relevant evidence, draft your narrative for you, and organize the evidence to match your story.  The result is a clear and persuasive essay.  You can request to review this essay prior to submission, but it will become the “cover sheet” the attorney puts on his letterhead for your submission package. The coversheet is like the table of contents and introduction to your request, and is especially influential in long, complex cases, where the officer will exercise discretion.

If you’re not sure how your narrative can be supported, organized, and argued, don’t try to submit on your own. Don’t let your application become a question mark or headache for the reviewing officer. Hire an experienced immigration attorney to review, prepare, and organize your USCIS submission for increased clarity!

4 Common Mistakes On Immigration Applications and Petitions

By Jessica Suotmaa 0

Immigration clients often come to us with botched cases. Either they tried to do it themselves and failed, or they hired a less-than-reliable paralegal office that mishandled their case. Some mistakes are made even in our care. Here are the four most common immigration application/petition mistakes we hope you’ll avoid.

Submitting an incomplete or erroneous application/petition

Clients often rush through the forms, and by mistake leave out a detail from a decade or two ago. Our office, like any office, can only help you ensure your form is filled out completely and matches the information you provided us. We do not know if you had a DUI 20 years ago. We do not know if you have a criminal record that was expunged 15 years ago. These are facts that we may be able to verify and obtain records to support your case, but without a client request we would not think to look for it.

It is the client’s responsibility to think through their past and ensure the forms reflect complete and accurate data.

Failing to pay the complete and exact fee

Often clients will write a check for the wrong amount, such as in the case when the application fee has recently changed. Sometimes clients fail to account for biometrics fees (finger prints for background check), and other times they expect to pay fees separately when they should all be submitted at once.  We have even clients whose applications were significantly delayed because they did not have enough funds in their bank account when the funds were cashed. Don’t be like them; check the fees and use a credit card, money order, or savings account to pay your immigration application or petition fees.

Failing to submit sufficient evidence

If only we had a nickel for every client who hired us after they received their Request for Evidence (RFE). It’s very common for clients to follow generic checklists they found online, or the advice of a friend or an acquaintance who did it themselves without considering their individual cases. Based on your individual circumstances, your application or petition may require different supporting documents or additional evidence.  Immigration used to always request that information from you after you file using an RFE. Nowadays it is not guaranteed.

Failing to respond to a request for evidence or additional information by the deadline

Clients can still receive a request for additional documentation at the interview. An immigration officer may determine after speaking with you that they need more data. They will set a deadline and you will have to produce that information either in person or by mail before the deadline.  If you miss the deadline, your case will likely be denied.

While everyone makes mistakes, don’t let your mistake delay your immigrant or non-immigrant status.  Talk to an experienced immigration today about how we can help you avoid delay!

3 Changes to the 2019 EB-5 Program You Need to Know

By Jessica Suotmaa 0

On July 23, 2019, the United States Citizenship and Immigration Services (USCIS) released the long-awaited update to the EB-5 investor program, the new EB-5 investor program modernization rules (“new rules”).  The new rules will go into effect beginning November 21, 2019, if Congress extends the program past the current expiration date of September 30, 2019.

So as long as you file before November 21, 2019, USCIS will review the petition with the old rules!  USCIS will not make a decision based on the following new rules if your Form I-526 Immigrant Petition by Alien Entrepreneur is filed before the new rules go into effect on November 21, 2019.

In this article, we will cover the five most relevant changes to the popular EB-5 program.

 

1. Minimum Investment Increases

Likely one of the most important issues for those interested in participating in the EB-5 program is the minimum investment requirement. The new rules require each investor to invest a minimum of US$900,000 in a targeted employment area (TEA) and US$1.8 million if not. Previously the amounts were US$500,000 and US$1 million, respectively.

$500,000        ->    $900,000

$1,000,000     ->    $1,800,000

It’s important to note that these figures will not go down, but will adjust to inflation with an increase scheduled for every five years.  This means the next minimum investment increase will occur in 2024.

Pro Tip: Lock in your lower investment thresholds by filing a complete I-526 petition by the November 21, 2019 deadline!

 

2. Targeted Employment Areas are Rural

Where previously the TEA of low employment areas were determined by the State, now they will be determined by Department of Homeland Security (DHS).  This means California can no longer decide which areas of high unemployment can be designated as a TEA.

In addition, the New Rules state that where previously towns and cities with 20,000 residents or more could qualify for TEA even if they were located within a Metropolitan Statistical Area (MSA). The New Rules would disqualify towns and cities within MSAs to qualify for TEA status.  DHS is specifically allowing rural towns and cities with 20,000 residents or more, struggling with high rates of unemployment to qualify for TEA status.

Pro Tip: If you’re looking to invest in an EB-5 project after November 21, 2019, be sure to check whether it will still qualify as a TEA. If your project is no longer in a TEA area, your minimum investment will increase from $500K to $1.8million.

 

3. Priority Date Retention

Previously, EB-5 investors with approved petitions would lose their priority date if they had to amend their petition. With the new rules, EB-5 investors can keep their original petition approval date for the calculation of their visa priority date.  This means EB-5 investors can petition with subsequent Form I-526s and not risk losing their priority date placement.

Pro Tip: Since not all EB-5 projects work out, secure your EB-5 visa by submitting multiple I-526 petitions and use the priority date for the earliest approval!

 

To avoid the above rules, be sure to file a completed I-526 application before the November 21, 2019 deadline. Not sure if you have a good project? Need an experienced immigration attorney to review your petition? Contact our office for more information on how you can participate in the EB-5 investor program using the old rules before it’s too late!

3 New Changes for H1-B Filers in 2019

By Jessica Suotmaa 0

Here at Lum Law Group, we have already begun preparing H1-B petitions on behalf of our clients.  If you plan on filing this year, do not wait till mid-March (it might be too late!) Contact our office for answers and assistance on filing your H1-B petition this year!

On January 31, 2019, DHS has issued the  final H1-B ruling. on the anticipated H1-B processing changes.  On January 31, 2019, USCIS published the final H1-B ruling.

1. Having a U.S. Master’s Degree Helps

USCIS’ new “reverse selection order” will apply to the upcoming FY 2020 filing season. If you’re unsure as to what the word “reverse” refers to, here’s how the random visa selection used to work:

  1. Select 65,000 from a pool of advanced degree exempt “regular” bachelor’s degree holders.
  2. Select 20,000 from a pool of master’s degree holders.

Here’s how the current selection will work:

  1. Select 65,000 from a pool that includes both “regular” bachelor’s degree and advanced degree holders.
  2. Select 20,000 from a pool that includes the remaining master’s degree holders.

The selection order reversal will increase the chances of a advanced degree holder to “win” the H1-B lottery by an estimated 16%, and decrease the chances for a bachelor’s degree only employee to be selected.

2. Early Elimination via Pre-registration

The new pre-registration requirement will require the employer (company) petitioning for employees to first register the employee electronically.  The electronic registration will be quick and easy, requiring only basic information such as the employee’s name, citizenship, passport number, job title, and whether the employee has a U.S. master’s degree.

But, it will only be open for a limited period of time, possibly only 14 days (the minimum). During this time, petitioners can delete an inaccurate registration and resubmit, as well as edit a registration prior to submission.

USCIS will then select from pre-registered petitioners. What this means is that many will be rejected at the pre-selection process and not allowed to join the H1-B visa lottery selection.

USCIS states the purpose of pre-registration is to reduce the number of H1-B petitions it receives, screen for duplicates, and to reduce H1-B fraud and not for eligibility purposes. However, the inclusion of a “U.S. Master’s Degree” in the pre-selection process suggests USCIS may prefer U.S. master degree holders over other pre-registrations.

3. H1-B Filing More Affordable

The new rule goes in-depth on the cost analysis of the new implemented changes to H1-b non-immigrant visa processing. The report analyzes both agency savings and petitioner savings.  Where previously petitioners would have to hire someone, either in-house or external, to prepare Foreign Labor Certificate and the entire Form 129 – H1-B Specialty Occupation Worker, the pre-registration would reduce the cost of trying.  A failed pre-registration screening will result in the petitioner saving significant amounts of money in preparation fees and USCIS filing fees.

In addition, many small businesses who did not have the budget to apply for H1-B given it’s high-entrance cost and risk of failure can now more readily join the lottery.

 

Now that we’ve highlighted the three key takeaways from the new H1-B rule, you might wonder about premium processing? On January 28th, 2019, USCIS published a press release stating it will resume premium processing cap H1-B petitions for FY 2019.  Please contact us if you have any questions regarding this issue.

 

Is immigration affected by the Government Shutdown?

By Jessica Suotmaa 0

With the recent (partial) government shutdown, many are left wondering what will happen once the holidays are over and everyone is back to business. We know a partial government shutdown affects federal employees, but how does it affect you? To answer your questions, we’ve collected key points from a variety of sources (listed at the end).

If by “immigration” we mean whether the United States Citizenship and Immigration Services (USCIS) agency is affected by the partial government shutdown, then the short answer is “no”.  USCIS is not funded by the government budget; it operates on its filing fees (which you pay).

USCIS tweet re government shutdown

The exception and long answer to the above question is when it’s a separately funded program under USCIS, such as the EB-5 investor program.  To make it easier for you, here’s a list of what is affected by the partial government shutdown:

  • USCIS EB-5 Regional Center Visa Program: Expired and not renewed as of yet. This means USCIS and Department of State will not accept any new EB-5 applications until the program is reactivated.
  • USCIS Conrad 30 Waiver Program: Also expired and not renewed as of yet. This means USCIS and Department of State will not accept any new EB-5 applications until the program is reactivated.
  • USCIS Special Immigrant Religious Workers Program: The Eb-4 non-minister special immigrant religious worker program expired and is currently not active.
  • E-verify: Currently not funded. Processing of E-verify application halted. Employers are advised to use traditional I-9 forms and manually verify employment eligibility.
  • Customs and Border Protection (CBP): While CBP is considered an “essential” agency, any visa or immigration-related application submitted at the border could be affected. The processing of any applications is not guaranteed.
  • Department of State (DOS): While DOS has not received funding as of yet, it too operates on fees and will actively process visas and passports as long as it still has “reserves” left.  Check with your local passport office to ensure it is not affected by a federal building shutdown.
  • Immigration Courts: As with previous furloughs (AILA resource), Immigration Courts handling non-detained immigrant cases will be closed, while Immigration Courts handling detained immigrant cases will continue to process. Details regarding exemptions from furlough as released by the Department of Justice are as follow:

“Executive Office for Immigration Review: Excepted employees are needed to process all immigration cases and appeals involving detained aliens, including criminal aliens; provide Headquarters oversight of excepted functions; provide administrative support for excepted functions; and preserve jurisdictional viability of discrimination cases within the Administrative Law Judge function”

 

Do you still have questions regarding the partial government shutdown? Or do you have questions regarding your immigration status? Contact our office to speak with an experience immigration attorney today!

How to Handle an Immigration Employer Site Visit

By Jessica Suotmaa 0

If you’re an employer with employment-based petition(s), such as the Form 129 Petition, for your employees, you might find yourself face-to-face with audit officers from the Fraud Detection and National Security (FDNS) department.  FDNS, or a third-party inspector, conducts site visits on behalf of United States Citizenship & Immigration Services (USCIS) to combat L-1 and H1-B fraud, among others.

Often, the visit begins with a phone call to verify the company’s information.  If you have suspicions regarding an upcoming visit, or you receive advanced notification (rare), do contact your legal counsel immediately.

An Inspector Calls

When an inspector shows up and states they’re visiting regarding an employment-based application, always ask for identification. Note the inspector/officer’s name or ask them for a business card. If you have legal counsel, call them and inform them of the situation. Any interview or discussion with the inspector can take place with your counsel present, or present on the line (conference call/speaker phone).

The site visits can take place at any time of day, during business hours. Typically, the visit will last from 15 minutes to 1 hour. The best way you can be prepared for a site visit is to ensure your front desk personnel are aware of the possibility of an immigration inspection.  Your front desk staff should be well-trained and know how to answer the phone, who works in which department, what each person’s title is, and who to contact if an immigration inspector calls.

Inspecting the Business

During a site inspection, you may be asked the following:

  • to procure documents for review
  • to speak with the inspector
  • to speak with whomever signed the petition (if not you)
  • to allow your employee (beneficiary) be interviewed
  • to give a tour of the office
  • to show the inspector the beneficiary’s workstation/office

New office L-1 petitions should be especially careful as to whether they’re current office, employee, or job requirements meet the hopeful specifications in their initial applications.  FDNS often inspects L-1 petitioners with new offices due to their lacking business plans, confusing organizational structures, or managers who wear too many hats (in other words, beware startups!) Inspectors will pay close attention to whether your employee is performing the work described in your petition, possibly asking multiple people to describe their job title and responsibilities for possible discrepancies.

Inspecting the Employee

The beneficiary of the employment-petition (your employee) should be able to answer all questions relating to his or her application truthfully. In other words, he or she should know what was inputted, and be able to repeat the facts correctly. The inspector will ask for a description of the employee’s…

  • day-to-day job duties
  • academic and employment qualifications
  • terms of employment
  • working hours and total work week
  • compensation and pay dates
  • manager’s information
  • the names and titles of people with whom the employee collaborates
  • the details of recent work appraisals.

In addition, the employee should have on hand the following:

  • valid identification documents
  • business card for your company
  • recent pay stubs
  • copy of LCA
  • latest Form W-2

If for some reason you do not have adequate information on hand, you can request an extension, or a second meeting with the inspector.  This would be appropriate if a certain staff member handling the affairs is not present, such as your immigration person, the HR manager, or in-house counsel.  If you do not have the requested documents and need more time to produce them, you can ask for an extension, a follow-up visit, or for USCIS to issue a Request for Evidence (RFE).

The Inspector’s Verdict

While you may try reading the inspector’s expression as they exit the door, keep in mind it’s not a guarantee of the result. The inspector will not tell you onsite whether you have “passed” the inspection. The only way you’ll find out if the inspector found your credible, and your petition valid, is via the mail you receive from USCIS.

If the site visit was to the inspector’s satisfaction, then the petition will be approved. If the inspection was not satisfactory, USCIS can issue an RFE for additional evidence, deny the petition, or even rescind a prior approval (often in the case of L-1 extensions, especially if the initial L-1 was a blanket approval).

 

If you’re expecting a site visit, interested in extending an existing L-1 visa, or petitioning for a new one, please contact one of our experienced attorneys for a qualified answer.

Does presentation matter with USCIS?

By Jessica Suotmaa 1

Any time we’re filing documents on behalf of clients with the court system, there are court rules on how documents must be presented and filed. Other government agencies, such as the United States Citizenship and Immigration Services (USCIS), do not have set rules on presentation and organization because they allow applicants to apply without a lawyer.  Unfortunately for us, the lack of regulations doesn’t mean we can file a client’s handwritten form with our own handwritten letter, but it does beg the question: does presentation matter?

The official answer is that as long as your writing is legible, you use the right colored paper for the right documents, and your paperwork is not dirty, damaged, or too dark/light to read, it should be fine.

To get to the unofficial answer, we try to put ourselves in the immigration officer’s shoes.

Imagine you’re a government employee in a factory-style assembly line where you only have one very specific duty.

Maybe you’re the person who opens the mail and divides the paperwork and bags the attachments and staples them together.

Maybe you’re the person who goes through the document pile with a checklist to ensure all necessary documents have been submitted.

Or maybe you’re the lucky person who gets to make decisions on the 20-100 cases that land on your desk each day (we’re not sure what their daily quotas are).

Now we don’t know what you think of when you imagine yourself as an immigration officer at USCIS, but here’s what we think:

We think about the number of files coming in, the boring and repetitive tasks associated with each file, and the size of the files our office tends to send out and we feel like giving the officers a hand.

We want to make their jobs just a little easier by organizing the files the best we can according to their requirements.

Here’s how we do it:

  • We carefully review your individual situation and thoughtfully present your case in the most clear and concise way possible.
  • We review the application/petition requirements, list them, and detail all the ways our client meets each requirement along with supporting evidence.
  • We write personalized cover letters with narrative summaries of each of our client’s unique situations.
  • We type up all forms and form attachments to ensure legibility.
  • We include separate document indexes when we have too many exhibits.
  • We divide our file package with colored paper so that each section is clearly separated, or so that each exhibit can be easily found.
  • We label everything, include exhibit tabs, and we staple any odd-sized attachments, such as photos, medical reports, or CD-Roms to the package so as to prevent them from falling out of files.

We hope our clients can appreciate the time we spend organizing and presenting their cases to immigration as it really is not as simple as just printing out forms, making copies, and dropping them off at the post office.  Preparing your case involves so much more attention and effort that we only do because we care enough to do it.

Lum Law Group–we care enough. 

What Immigration's New Policy regarding RFEs and NOIDs means for you

By Jessica Suotmaa 1

United States Citizenship and Immigration Services (USCIS) recently published a policy update and field guide memo regarding the issuance of Requests for Evidence (RFE) and Notice of Intent to Deny (NOID).  The new policy gives adjudicators (aka immigration officers) more power to make discretionary decisions as to whether an immigration application or petition meets the minimum requirements to warrant an RFE or NOID.  The new policy will go into effect September 11, 2018, at which point USCIS adjudicators will have discretionary power in processing immigration cases and will not be required to request for additional evidence or inform petitioners and applicants of an upcoming denial.

What is a “Request for Evidence” (RFE)?

First, we’ll explain what USCIS means by a “Request for Evidence” (RFE) notice.  Applicants and petitioners will receive RFE notices when their application or petition is missing critical information that the immigration officer needs in order to process and decide on their cases.  Previously, immigration officers (or adjudicators) may issue RFE requests for any deficiency.

For example, a I-130 Petition for Alien Relative petitioner who petitions for his father may have neglected to provide his parent’s marriage certificate, but his application is otherwise fine.  On the other hand, an applicant filing a I-601A Waiver may have provided all basic documents, such as birth certificates, marriage certificates, and evidence of long-term residence, but failed to provide proof of extreme hardship to his or her U.S. citizen spouse/parent.

Once this policy is in effect, we can assume that the the I-130 petitioner would still receive an RFE, but the I-601A applicant would not, but would be denied immediately.

Examples of RFE requests include, but are not limited to, providing documentary evidence, applying for a police clearance, attaining an FBI background check, or writing a declaration. RFE requests usually have a set deadline from the date of the letter.

What is a “Notice of Intent to Deny” (NOID)?

A Notice of Intent to Deny (NOID) is exactly as described; it is a letter detailing why your application or petition will soon be denied.  The letter will quote relevant immigration law and describe and explain existing policies that guide the adjudicator into making the decision to deny.

The difference between the NOID and RFE is that with the NOID, the immigration has already come to a conclusion, and any response to the NOID will need to counter the points for denial, if possible. With the RFE, the immigration officer has yet to make a decision, and cannot make one before relevant evidence has been provided.

The policy does not affect NOIDs which must be issued when information not provided by the applicant or petitioner is used to deny. USCIS often cross-checks with other government departments, checking border control records, FBI records, and so forth.  When it does so and discovers facts that negatively affect one’s petition or application, it will issue an NOID to explain the basis of the denial.

Why are they making this policy change?

In the policy update, USCIS states that the change is not meant to discourage people from applying on their own (rather than with the help of a professional), but is meant to discourage people who are applying with USCIS just to have something pending (“‘placeholder’ filings”).

What does this mean for us?

We have had clients hire us half-way into the process because they tried filing on their own, received an RFE, and came to us for help.  When you hire a lawyer to help with paperwork, it means that we will review them for issues and ask you to get more evidence or explain discrepancies. The clients described above were reluctant to cooperate at first, and as a result our RFE response was insufficient, and they received an NOID.  Once our clients realized that just hiring an attorney is not enough if additional documents, declarations, and overall evidence is not provided, then we were able to overturn the NOID and we eventually received an approval.

The purpose of the above example is to emphasize how important client cooperation is to client success.  We need time to carefully examine what we have on hand, or what was previously submitted, what is being requested, and then, and only then, can we provide advice as to what more is needed.  Once we receive all the evidence, we also need time to review, process, and organize the documents into a clear description that accurately describes our client’s individual situation. This new policy means that we will need to be extra diligent, extra careful, and spend extra time on each and every petition/application.

Our job is not only to review your documents and fill out forms for you. In fact, the most important part of our job is to organize your information and prepare it in such a way that the immigration adjudicator can easily and effortlessly review and understand your individual situation.  The presentation of your situation is important, and we take pride in how we take extra steps to meet the silent requirements.

Do you have questions on this new policy update? Contact us today!

Should I file my USCIS immigration application online?

By Jessica Suotmaa 0

The United States Citizenship and Immigration Services (USCIS) online form processing system is designed for existing lawful permanent residents for quick and easy processing, such as renewing or replacing their green cards, applying for a travel document, or naturalization.  As USCIS has begun modernizing their website and systems, even releasing a mobile application, we wondered why we should prefer one form of application over another. Is there a difference?

To test out the system, we recently filed an I-90, Application to Replace LPR card. In this article, we will share our opinion of the online system.

What are the benefits of filing online?

No paperwork

We opt to go paperless whenever possible, which can be challenging in a law office, but shouldn’t be in our private lives. As such, we truly felt that the process of filling out a form on our cellphones was much easier than filling out an Adobe PDF on the computer, printing it out, signing the form, scanning/copying the signed form, and then buying stamps or delivering the form to the post office.

Pay online

Up till now, we have been able to pay for USCIS filing fees using either a check or money order (cashier’s checks might be an option as well).  Money orders cost money and require upfront payment, while personal checks often give clients stress because they have to maintain a certain balance on their accounts for weeks, if not months on end, while waiting for USCIS to process their check.  If at the time of processing the account does not have enough to cover the filing fees, USCIS rejects the applications and mails the entire package back to us.

Paying for your USCIS filing fees online is like online shopping: you insert your card number and it’s done. Instant, simple, and most importantly: stress-free.

Secure updates

Have you ever filed something and then waited for the results in the mail? Snail-mail can seemingly take forever, especially when coupled with USCIS processing times, and the postal service is not always reliable. Did you move? Was there a typo with your address? Did you forget an apartment number? Whatever the cause, the damage is done. You’ve sent it out and sure, you can make inquiries and address changes, but meanwhile you may not be able to check the online status of your case because you don’t have the receipt with the receipt number (a must!)

USCIS online account creation

In order to file an application online, you first have to create an online account with USCIS. Once submitted, you’ll receive all receipts, updates, and notifications to your account instantaneously.  The system will send you an email notification informing you that you have received an update or notice and you can download the PDF copy of the notice.  A paper copy is also mailed to you.  The online notifications are great for when you’re mobile, when you don’t check your P.O. box every day, or when mail gets lost in the process.  You’ll know instantly if you have a finger print appointment, an interview, or a request for further evidence (RFE).

Updates on my cellphone

Finally, we felt the online application process saved us a lot of headaches as everything was mobile accessible.  If you want to be updated on your USCIS case file with a mobile app, download the iOS version here and the Google Play version here  (note: not an official USCIS application). Would you like to see a review of these apps? Let us know!

How to Check your USCIS case Processing Times Online

By Jessica Suotmaa 0

One of the most common questions we receive in the office is “when will my form be processed?” Or when can I expect to be approved? When will I receive ________? While we can give you an estimate based on United States Citizenship and Immigration Services (USCIS) processing times and our experience with other clients, the best way to check processing times is to view the official website.

Before, checking the processing time “table” on the USCIS website was a long and arduous process. Today, USCIS has changed the format of checking processing times, making it easier for the layman to navigate.

Here’s how to check the processing time of a family-based I-130 Petition for Alien Relative:

  1. Go to USCIS: Check Processing Times website:

      2. Select the form you filed. For our example, we’re selecting I-130.

      3. Select the Processing Center. For our example, we’re selecting California Processing Center.

      4. Find the type of form that’s applicable to you.

Select the “Form Type” that applies to you. For our example, we might look at U.S. citizen filing for unmarried son or daughter over 21, and see that the estimated processing time is 23.5 to 30.5 months, so about 2-2.5 years.  If we filed our I-130 petition in January 2010, we can see from the “Case Inquiry Date” that USCIS is currently processing September 10, 2009, which means that we still need to wait before they will process January 2010.

 

We hope this guide has helped you how to check processing times online. If you have any further questions regarding case processing, feel free to contact our office for more assistance.

Use your receipt number and check your USCIS case status online

By Lum Law Group 0

Immigration clients often call in for their immigration case statuses, wondering if an attorney has more insight into their USCIS case processing than they do. The truth is that most of the time when they call us, we check their status online.

Back in the day, we would have to make a note of it, call a 1-800 customer service number, hold for an hour or two, and then call our client back with an update.  Today, we can check our client’s USCIS application or petition status while on the phone with them.

We do this so often, we thought we would create a tutorial for those of you who are unfamiliar with the USCIS online status check:

Try it out and tell us what you think!

Now, if your case is well-beyond the USCIS processing times and it still shows an old status (“pending”), then we would send an inquiry on behalf of our client.  Case inquiries used to have to be done by email (they still can be done by email), but now USCIS has created a form submission website for convenience.  Click here to see how USCIS allows you to inquire online.

Did you find that helpful? Would you like to see more video tutorials? Let us know what you think!

mastercard and visa

By Jessica Suotmaa 0

United States Citizenship and Immigration Services (USCIS) has announced that it will be accepting credit card payments for certain forms.

You can now pay your immigration application filing fees using VISA, MasterCard, American Express, or Discover cards.

A credit card can be used to pay for the following applications:

EOIR-29 – Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041– Genealogy Index Search Request
G-1041A – Genealogy Records Request
I-102 – Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F – Petition for Alien Fiancé(e)
I-130 – Petition for Alien Relative
I-131 – Application for Travel Document
I-140 – Immigrant Petition for Alien Worker
I-212 – Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B – Notice of Appeal or Motion
I-360 – Petition for Amerasian, Widow(er) or Special Immigrant
I-485 – Application to Register Permanent Residence or Adjust Status
I-485 Supp A – Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
I-526 – Immigrant Petition by Alien Entrepreneur
I-539 – Application to Extend/Change Nonimmigrant Status
I-600 – Petition to Classify Orphan as an Immediate Relative
I-600A – Application for Advance Processing of Orphan Petition
I-601 – Application for Waiver of Grounds of Inadmissibility
I-601A – Application for Provisional Unlawful Presence Waiver
I-690 – Application for Waiver of Grounds of Inadmissibility
I-694 – Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act
I-698 – Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)
I-765 – Application for Employment Authorization
I-800 – Petition to Classify Convention Adoptee as an Immediate Relative
I-800A – Application for Determination of Suitability to Adopt a Child from a Convention Country
I-800A – Form I-800A Supplement 1 (Listing of Adult Member of the Household)
I-800A – Form I-800A Supplement 2 (Consent to Disclose Information)
I-800A – Form I-800A Supplement 3 (Request for Action on Approved Form I-800A)
I-817 – Application for Family Unity Benefits
I-821 – Application for Temporary Protected Status
I-824 – Application for Action on an Approved Application or Petition
I-829 – Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 – Application to Replace Permanent Resident Card
I-910 – Application for Civil Surgeon Designation
I-941 – Application for Entrepreneur Parole
N-300 – Application to File Declaration of Intention
N-336 – Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA
N-400 – Application for Naturalization
N-470 – Application to Preserve Residence for Naturalization Purposes
N-600 – Application for Certificate of Citizenship
N-600K – Application for Citizenship and Issuance of Certificate Under Section 322

To pay with a credit card, USCIS requires you fill out the form, Authorization for Credit Card Transactions, G-1450.

Just as with check payments, the total amount can include the filing fee and biometrics (finger print) fee.

Remember, you need to submit one Authorization for per petition/application.

Make sure you have enough available balance! If the credit card payment is declined, USCIS will not process the card again, but will reject your application.

2017 USCIS DACA announcement

By Jessica Suotmaa 0

 

Renew your DACA by Oct 5, 2017

You can renew your DACA if your DACA is expiring between September 5, 2017 and March 5, 2018, but your application must be received before October 5, 2017.
If your DACA is expiring after March 5, 2018, it will be valid until its expiration date. You will not be able to renew it.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a type of administrative relief from deportation for illegal aliens who had arrived in the United States as children.

DACA gives young undocumented immigrants protection from deportation and work permits. The program was created by President Barack Obama, and is currently being phased out by the new administration.  DACA recipients are sometimes called “dreamers”, stemming from the DREAM Act bill was to provide a pathway to permanent residency for unauthorized immigrants who met certain qualifications.  Congress had considered the act in 2007, but failed to overcome a bipartisan filibuster in the Senate.  The DREAM Act was reconsidered in 2011, passed in the house, but ultimately failed to achieve the sixty votes it needed in the Senate.

A few months after its establishment, DACA rules were challenged in courts and ultimately rescinded. The challenges to the policy trace back to November 2014 when President Barack Obama attempted to expand DACA with the aim of covering additional immigrants. However, multiple states sued to prevent said expansion, which resulted in the expansion being later blocked by the courts.

In response to the court’s decision, the Department of Homeland Security rescinded the expansion earlier this year in June 2017 while continuing to review the existence of DACA as a whole.

In September 2017, the Trump administration began phasing out DACA, giving Congress time for a solution for current DACA recipients.

What does the DACA phase-out mean?

  • New DACA applications have not been accepted since September 5, 2017
  • DACA applications submitted prior to September 5, 2017 are processed normally
  • If your DACA expires prior to March 5, 2018 you are eligible to renew
  • If eligible, you can renew your DACA before October 5, 2017
  • If not eligible (aka your DACA expires after March 5, 2018) it will be valid until its expiration date

If my DACA is valid until March 5, 2018, what should I do?

You should renew your DACA and file your renewal before October 5, 2017. Remember, October 5th is the last date for USCIS to receive your application.

Contact us for more information, or assistance in renewing your DACA!

 

If my DACA is valid until after March 5, 2018, what can I do?

You are ineligible to renew by October 5, 2017. You can wait and see what Congress decides for you, or you can begin looking at your options. What other options do you have? Check out this list by Immi | America or ask Mr. Lum!

 

Ask your DACA question

If you, or someone you know, is a DACA recipient, contact us to find out what you’re next step can be.  We know you’re worried, and we want to help!

Let's shake on it

By Lum Law Group 2

If you were applying for a green card in the past, you could do it yourself. However, today you need competent counsel to help you.

Our current government is changeable, as evidenced by the new eighteen-page I-485 Adjustment of Status form–as opposed to the old six-page form.  Now, the need for an attorney begins before you submit that application, not after when you encounter problems.

When you decide to marry a US citizen or non-citizen, that’s when you need to talk to an immigration lawyer.

At Lum Law Group, we care about our clients. We want to help you safely navigate the landmine that has become the immigration process.  Contact us today to find out how we can help you!