How to request extension of stay due to coronavirus

By Jessica Suotmaa 0

Our office has received numerous inquiries on extensions of stays for those who are in the country on non-immigrant visas.  For some, flights were cancelled by the airline, by their home country, or by other restrictions on travel.  For others, it could be an illness, an imposed quarantine, or a sick family member. Regardless of what the reasons behind the need for extension, the procedure for visa extension is the same for non-immigrant visa holders during the COVID-19 global pandemic.

Non-immigrant Visa

Non-immigrant visa holders needing to extend their stays can apply online on the United States Citizenship and Immigration Services (USCIS) website or by filing a paper copy of the form I-539 Application to Extend/Change Nonimmigrant Status.

Note: The form I-539 now includes questions related to the Public Charge rule as announced on the USCIS alert:

“The final rule requires certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019 as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report the receipt of any public benefits received before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule.”

If you have further questions or are in need of assistance with extending your non-immigrant visa stay, feel free to contact our experienced immigration attorneys.

Visa Waiver Program (ESTA)

If you did not enter the U.S. on a non-immigrant visa, but are nonetheless stuck here due to the coronavirus, we’ll explain the process of how to request an extension of stay.

U.S. visitors who entered through the Visa Waiver Program (ESTA) have ninety days to leave the country. However, if your flight was cancelled due to COVID-19, or if you have other circumstances that require you to extend your stay, you can request approval for Satisfactory Departure through U.S. Customs and Border Protection (CBP).

On April 17, 2020, CBP announced it is offering flexibility for ESTA holders to return home past the initial 90-days if their travel is affected by COVID-19.  ESTA holders can request up to 30-day extensions by either:

  1. Contacting the CBP office at the Port of Entry or Deferred Inspection Site
  2. Contacting USCIS Contact Center (1-800-375-5283)

The “port of entry” refers to where you entered the United States, e.g. Los Angeles International Airport (LAX). The deferred inspection site is usually at an airport or U.S. border as well.

We contacted LAX CBP to determine how to apply for an Extension of Stay and here’s the response we received:

  • You must apply within 14 days of your visa expiration (not earlier)
  • Your extension must be based on a “serious emergency“, such as hospitalization, conditions that require flights to be delayed or cancelled for more than 24 hours
  • If your extension of stay request is based on COVID-19, you’ll have to attach relevant documentation such as flight cancellation notices, positive test results, medical records
  • For ESTA holders, you must include a Extension of Stay request form, signed Affidavit (form), copy of passport biographical page, copy of U.S. nonimmigrant visa (ESTA), and copy of admission stamp in passport

Please note that if you emailed your submission without all necessary documents, your request will be ignored (not denied). You will have to resubmit a new request.

Others who may use this method to request an extension of stay include:

    • F-1 Visa International Students
    • J-1 Visa Exchange Visitors
    • Work visa holders
    • L-1 Visa Holders
    • Adjustment of Status Applicants
    • Refugees

The Extension of Stay request can be completed by an attorney as well. Please contact our office if you would like a consultation, guidance, or assistance with your Request for Extension of Stay.

7 Most Frequently Asked Questions about the EB-5 Visa

By Jessica Suotmaa 0

With the upcoming EB-5 investor visa changes underway, many clients have been asking about the EB-5 visa.  If you’re interested, we encourage you to apply for the EB-5 investor program before November 21, 2019. By applying before the deadline, you can take advantage of current investment thresholds ($1 million, $500,000). If you reach the end of this list and still have questions, do reach out to us as soon as possible!

1. Who can apply for the EB-5 investment visa?

Unlike family-based or employment-visas, the EB-5 investor visa is available to anyone with the funds to invest. An EB-5 investor does not need special relations, education, or skill set—only money.

 

2. How much money do I need to apply for the EB-5 investor visa?

Starting November 21, 2019, the minimum investment is 1.8 million dollars—or 900,000 dollars for targeted employment areas. The EB-5 petition fee is $3,675.

 

3. Can I use retained earnings as part of my initial investment?

USCIS does not consider the company’s retained earnings as part of the your investment.

 

4. Can a promissory note be used as investment capital?

If the promissory note is unsecured, then no it cannot be used as part of your investment. However, a secured promissory note can be used as part of your investment capital as long as you can show that the capital securing the note belongs to you.

 

5. Can someone gift me the funds for my EB-5 investment?

In order for the gift to be counted towards your investment, you would have to pay all applicable gift taxes. In addition, you’d have to show proof of transaction and demonstrate that the funds will not be returned to the gifted after you’re granted your EB-5 visa.

 

6. Do funds from a joint bank account qualify for my EB-5 investment?

As long as the joint bank account is yours and meets general joint bank account requirements, then yes.  You would have to show proof the account is held between you and your spouse, and it is under your name.

 

7. How long does it take for an EB-5 investor to obtain a US green card (permanent residence)?

The answer depends on the applicant’s country of origin. See the USCIS visa bulletin for a specific timeframe as it applies to your country of origin.

Generally, it takes about 1.5-2 years to receive your conditional green card. This time estimate includes the initial EB-5 petition process, which can take about six months. Once you have your I-526 approval, you would apply for an adjustment of status (if in the US), or an immigrant visa (if abroad).

 

Do you have additional questions about the EB-5 investor visa program? Comment them below or send us a message!

Healthcare Ban

By Jessica Suotmaa 0

Starting November 3rd, 2019, the new “Healthcare Ban” will affect incoming lawful immigrants.  This ban is similar to the travel ban in that the same Immigration Nationality Act section that upheld the travel ban also serves as the basis for the Healthcare Ban.

The President announced that the influx of incoming immigrants without access to private health insurance are a burden to America.  Since the US healthcare system is already in distress, we are banning immigrants without private insurance from entering the US.

Most importantly, any immigrant who cannot afford private insurance within 30 days of entry will not be issued a visa.  The lack of private healthcare can also impact an immigrant’s ability to obtain permanent residence.

What counts as “private health insurance”?

Private health insurance providers are non-subsidized private health plans that can be purchased through your employer (employer-subsidized) or from the insurance company directly (non-subsidized).  Immigrants who qualify for publicly subsidized health insurance plans do not qualify. Any health insurance bought with Covered California, for example, would not qualify since they’re taxpayer-subsidized.

Migration Policy reported 34 percent of lawful immigrants do not have health insurance while another 31 percent rely on publicly funded or subsidized health insurance, meaning the new Healthcare Ban can severely reduce lawful immigration.

Note: Under the Public Charge regulation, Medicare recipients could be denied immigration benefits.

How much medical coverage does the insurance have to cover?

The announcement states the health insurance policy should cover to a reasonable degree, which we can only assume means it depends on your health condition.  We can safely guess this from the Public Charge guidelines, but we won’t know until further guidance is released.

How soon do I have to have health insurance coverage?

Incoming lawful immigrants would have to be able to obtain private health insurance within 30 days of entrance. Not only that, but they would have to be able to prove that they can afford to purchase health insurance within the next 30 days.

Migration Policy estimates the new Healthcare Ban will reduce legal immigration by two-thirds.

Who is excluded from the Healthcare Ban?

Lawful permanent residents, refugees, asylum seekers, and children will not be impacted by the Healthcare Ban.

What if I’m staying short-term and I don’t want to purchase health insurance?

The announcement states that if you can prove that you can afford reasonable future healthcare costs, then you do not necessarily need to purchase health insurance.  What this may mean on a case-by-case situation we do not know.

 

If you are concerned about how the Healthcare Ban may affect your loved ones, including spouses, parents, and adult children of U.S. citizens, contact Lum Law Group today!

 

what does administrative processing mean in immigration

By Jessica Suotmaa 0

When applying for a visa to the United States, many applicants worry about their “administrative processing” status.  Some think this means they are doomed for denial. Others are just confused as to why there is a delay.  In this article, we will briefly explain what administrative processing means in U.S. visa processing.

Background Check

The reason behind the status, “administrative processing”, is that your case needs to be forwarded to Washington D.C. for a background check.  Sometimes, the consular office will require a background check to process your visa. This is an extra step in the visa application process caused by either a database match or a trigger in your application or interview.

Database Match

The U.S. government keeps records of each visa applicant, and foreign visitor.  When you have a name, fingerprint, or date of birth that is similar to another individual on the “black list”, you will be further investigated.  This is also true if you have had any issues in the past, such as visa overstays, visa denials, or criminal arrests and convictions.  Sometimes your case requires further inspection because of the answers you put on your Form DS-160, but the reasons are endless.  It’s hard to say exactly what triggered the database match.

Processing Time

How long it takes to process your security clearance depends on the consular office you attended.  Some offices have processing times of 60 days, and others require more time. You can contact your local consular office (start by checking their website) for their administrative processing time.

Remember, the processing time for administrative review is outside the processing time of your visa. This means it is an additional time that is added on to the normal visa processing time.  There is also no way to expedite the process of administrative review.

To prevent further delays, comply with any document requests from the consular office as soon as possible. Remember, the time it takes for you to gather your information is outside the processing time.

If the processing time for your local office has passed, you can contact your attorney to see about inquiring on the status of your case with the consulate.

Processing Results

Does getting a notice for administrative processing mean your visa will be denied? No, it does not.  It’s one thing to know you have issues in your history that warrant a denial. It is another, to assume you will be denied for no reason. Overall, it is not productive to think of the administrative processing status as an instant denial.

Since a database hit is usually the case of administrative processing, there is no formal way to challenge a denial.  Even if the consular office  started the process because he or she required additional information to make a decision, it is still near impossible to appeal that decision.

If your visa has been denied after administrative review and you would like to speak to an attorney about your options, contact us directly.  We will review such cases on a case-by-case basis.

Unfortunately, you cannot determine whether your case will be forwarded for administrative review prior to applying.  If you have further questions, you can contact our office to speak to an experienced immigration professional!

 

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!

What does public charge mean?

By Jessica Suotmaa 0

We have noticed conflicting information regarding the recent proposed changes to the existing public charge inadmissibility grounds. To read the actual notice published on October 10, 2018, the Notice of Proposed Rulemaking, from United States Citizenship & Immigration Services (USCIS), please click here. We hope this article will clarify the key questions our clients ask us regarding the current public charge policy, the proposed public charge rule, and how the changes may affect their applications, requests, and motions for adjustment of status.

What does “Public Charge” mean?

A “public charge” is a person who may become dependent on government handouts based on a number of factors, such as whether the person has already received government assistance.

The government determines whether or not an alien will become a Public Charge by considering the following:

  1. Whether the alien currently receive government cash assistance;
  2. whether the alien have received government cash assistance in the past;
  3. the alien’s age;
  4. the alien’s health;
  5. the alien’s family status;
  6. the alien’s assets;
  7. the alien’s resources;
  8. the alien’s financial status; and
  9. the alien’s education and skills.

When does “public charge” inadmissibility matter?

For immigration purposes, “public charge” applies when USCIS has to determine an alien’s admissibility, which can happen in two situations:

  1. When the alien applies to enter the United States;
  2. When the alien applies to adjust status to permanent residence (green card)

The “public charge” inadmissibility does not apply for naturalization purposes (citizenship applications).

What counts towards making one a “public charge”?

Here are a few key factors that count toward whether an alien is considered a public charge:

  • Government cash assistance for the alien;
  • Government cash assistance for the alien’s family if the alien’s overall household income is below Federal Poverty Guidelines;
  • Supplemental Security Income (SSI), such as:

What government benefits do not count towards “public charge”?

USCIS outlines the following non-cash programs as supplemental to your existing income, and therefore do not count towards making an alien a “public charge”:

Cash benefits that you earned also do not count towards public charge. Examples of earned cash benefits include social security benefits, unemployment benefits, government pensions, and veterans’ benefits.

But I’m a refugee/asylee and have no money–will I be denied for being a “public charge”?

USCIS states that the public charge inadmissibility grounds do not apply to everyone and that certain groups may be allowed to enter or adjust status despite falling under the “public charge” determination. These groups include:

  1. Refugees;
  2. Asylum applicants;
  3. Refugees and asylees applying for green cards;
  4. Amerasian Immigrants;
  5. Anyone with approved relief under CAA, NACARA, HRIFA;
  6. T-visa applicants;
  7. U-visa applicants;
  8. T-visa holders trying to adjust status (green card);
  9. U-visa holders trying to adjust status (green card);
  10. Applicants for Temporary Protected Status;
  11. Certain applicants under LIFE Act Provisions.

What if I am in removal proceedings (immigration court)?

The current regulations for determining whether an alien in removal proceedings is a public charge are more strict.  The Board of Immigration Appeals (BIA) has determined that inadmissibility based on public charge is based on the “totality of the alien’s [financial] circumstances at the time of […] application.”

In addition, aliens in removal proceedings can be ruled as public charges if any of the following circumstances apply:

  • mental disability;
  • physical disability;
  • advanced age; or
  • other fact “reasonably tending to show that the burden of supporting the alien is likely to becase on the public”

What are the proposed changes to the existing public charge grounds?

The impact of the proposed rule is twofold:

  1. It would tighten the way the government determines whether you will ever become a public charge;
  2. It would make it more difficult for certain individuals to obtain visas to enter the United States.

For any non-immigrant alien who is already in the U.S. and who may be considered a “potential public charge”, the proposed changes will disallow any extension of stay in the same visa category, hinder them from changing to another non-immigrant visa classification, and prevent them from adjusting their status (green cards).

How will the new rule be more strict on government benefits?

The new proposed rule is less relaxed when it comes to the receipt of benefits.

First, it counts “easily monetized” non-cash benefits as cash benefits, which means it will include SNAP/food stamps, rental assistance, and Section 8 vouchers among others.

Second, it limits the total amount of cash benefits a household can receive within 12 consecutive months to 15% of the Federal Poverty Guidelines.  For example, in 2018 15 percent in a household of one is $1,821, so if an alien were to receive more than $1,821 in a year, then that alien would fall under “public charge” and be ineligible for adjustment of status or admission.

Third, regarding non-cash benefits that are not “easily monetized”, such as Medi-cal or Public Housing, the new rule limits the number of months to 12 in a 36 month period (non-cumulative). This means that if an alien has Medi-cal for more than one year within a three year period, they would be considered inadmissible and ineligible on the grounds of public charge.

Fourth, the proposed rule introduces a new standard, which is the combination of benefits. If an alien is likely to receive a cash or “easily monetizable non-cash benefit” in addition to a non-cash benefit for a period of 9 months or longer, then the alien is automatically considered a public charge.

Finally, the new proposed rule will carefully consider the affidavit of support (I-864) when required in an alien’s application.

What does the new proposed rule NOT do?

The proposed rule does not affect the benefits of dependents or other household members. Any cash benefit for the alien’s dependents would not count towards the alien’s household income.

Certain benefits are also not considered, such as Head Start, national school lunch programs, foster care and adoption, emergency medical assistance, and disaster relief.

What other factors will the new rule consider for public charge?

USCIS states that the following “weigh heavily” in finding an alien is likely to become a public charge:

  1. The alien is not a full-time student and work authorization (work permit) but cannot show current employment.
  2. The alien does not have a good work history.
  3. The alien does not have the experience or training necessary to show “reasonable prospect of future employment”.
  4. The alien currently receives, is certified, or has been approved to receive one of the public benefits above the allowed threshold;
  5. The alien has received one or more of the public benefits above threshold within the last 36 months;
  6. The alien has a medical condition that is likely to require extensive medical treatment or institutionalization that will interfere with the alien’s ability to provide for himself;
  7. The alien has a medical condition that requires extensive medical treatment and it seems unlikely he will be able to afford private health insurance;
  8. The alien has previously been found inadmissible or deportable based on a public charge.

What will prevent me from being considered a “public charge”?

To prove that you are not at risk of becoming a public charge, you can prove that you have sufficient financial assets, resources, and support amounting to at least 250% of the Federal Poverty Guidelines for your household size.

Alternatively, you can prove that you are currently working and have an annual income of at least 250% of the Federal Poverty Guidelines for your household size.

For your reference, for a household of two, say husband and wife, the alien would have to earn at least $41,150 (individual, not combined income). For a household of four, say husband and wife with two kids, the alien would have to earn at least $62,750. For a family of six, say husband and wife and one set of grandparents, the alien would have to earn at least $84,350.

When does the new rule go into effect?

The new rule is still “proposed” (and not “final”), and will be published in the federal registry by the end of the year.  After which, it will be open for “comment” for 60 days.  It is possible that adjustments will be made to the rule, or that it will not pass.

J-, M-, and F-visa holders! Will you be unlawfully present after August 9, 2017?

By Jessica Suotmaa 7

Update:  On August 9, 2018, USCIS updated their previous policy memorandum. 

Under the revised policy memorandum, F- and M- nonimmigrant visa holders who “fall out of status” while their applications are pending but timely applied for reinstatement of status will have their “accrual of unlawful presence suspended while their application is pending.”

On May 11, 2018 United States Citizenship and Immigration Services (USCIS) released a policy memorandum on “…Accrued Unlawful Presence by Non-immigrant Students and Exchange visitors”, which will specifically apply to current F-, M-, and J-visa holders (and their dependents).  The policy is important to existing visa holders who may have violated their visa status or who do not plan ahead to renew their visas to avoid a “gap”.  The policy will come into effect on August 9, 2018.

What does “unlawful presence” mean and what is its significance?

USCIS defines “unlawful presence” as presence in the United States without being admitted or paroled, e.g. crossing the border illegally or as any time after the expiration of lawful presence as authorized by the Department of Homeland Security (DHS).

So what is wrong with unlawful presence? Besides the fact that anyone who accrues “unlawful presence” is breaking the law, if a person accrues enough unlawful presence, they become inadmissible according to Section 212(a)(9)(B) and 212(a)(9)(C)(i) of the Act.  Depending on how long one was illegally present in the U.S., one could be barred from reentering the U.S. for 3 years or 10 years after departure.

In practice, this means a student who studies in the U.S. could overstay his visa, forget to renew in time, or be delayed by his school, and begin accruing unlawful presence.  If enough is accrued, then the student will not be able to renew his F-1 visa and continue his studies, or if he is finished with his studies, will not be able to obtain a non-immigrant visa to return to the U.S. for a visit. Casual tourism aside, said student might need to make a business trip in his future job position, but be banned from obtaining it, which may then affect his career.

When do I begin to accrue “unlawful presence”?

If you failed to maintain your non-immigrant status before August 9, 2018, then you will begin accruing unlawful presence on August 9, 2018 or on one of the following dates, whichever is earlier:
  • The day after your DHS denial for immigration benefit if DHS found you in violation of your non-immigrant status;
  • The day after your I-94 expired;
  • The day after the decision for removal or deportation by an Immigration Judge or the Board of Immigration Appeals (BIA).
After August 9, 2018, you could begin accruing “unlawful presence” on the following:
  • The day after you stop your studies/work/exchange program or the day after you begin engaging in an “unauthorized activity”;
  • The day after you complete your studies or exchange program, including any practical training or grace period, or the day after you begin engaging in an “unauthorized activity”;
  • The day after your I-94 expires;
  • The day after the decision for removal or deportation by an Immigration Judge or the Board of Immigration Appeals (BIA).
If you were wondering, “unauthorized activity” usually refers to working without a work permit.

What if I leave after accruing “some” unlawful presence?

The policy status that you would still accrue unlawful presence, and if you return to the U.S., violate your non-immigrant visa again, the unlawful presence will be consolidated from your previous stay.  In addition, if you re-enter illegally, without being admitted or paroled, the unlawful presence will also be consolidated with any previous unlawful presence.

What if I am only unlawfully present for a few days?

It is difficult to say what would happen.

The policy states that if you are unlawfully present for 180 days or more, whether consecutively or after multiple re-entries, you could be subjected to a 3- or 10-year ban.

It also reminds that recipients of 10-year-bars tend to not be given any non-immigrant visas, admission, or adjustment of status, even after the ten year period has passed unless they are eligible for a waiver.

5 Reasons Why It's Already Too Late to File Your H1b Petition

By Jessica Suotmaa 0

While Spring marks the busy federal and state tax season for CPAs and Tax preparers, H1B is the busy season for immigration law firms. The difference is that “File your taxes with us!” ads don’t start coming out till February-March when companies big and small begin aggressively marketing their clever tax preparation services; yet by March law firms have already begun their H1B preparations. So if you haven’t finished negotiations with your company and you haven’t retained a lawyer yet, it may be too late for you. Here’s why:

1. Are you ready to file on April 3rd, 2018?

H1B petitions are not accepted before April 3rd, but they may not be accepted after April 3rd either, since the USCIS annual quota (85,000) can potentially be reached the same day. Last year, and in the last three years, the H1B cap was reached by April 7th, less than a week since accepting petitions on April 2nd. Therefore, it is crucial that attorneys prepare H1B petitions promptly and file on April 3rd, 2018.

2. Do you want an attorney to prepare/review/file your petition?

Some of you may think this means you have plenty of time left.  After all, many of you complete your own paperwork at home and believe it is sufficient. However, keep in mind that finding a last minute attorney, or providing all your documentations last minute to an attorney is ill-advised given that you are not an attorney’s only client. Like with any law firm, attorneys have a roster of clients and cases they are working on and have to plan and manage their time wisely to meet all deadlines. When you spring your case on them last minute, if they are even willing to accept your case, they will charge you for the sacrifices they must make to meet your deadlines.

3. Did you already receive your DOL certification?

In addition, while it typically only takes a week to obtain a labor certification (LCA) from the Department of Labor (DOL), the processing times increase with the number of pending applications, often doubling or even tripling wait times. Generally, attorneys expect to have the LCA filed by mid-March, if not earlier.

4. Does your company have all the documents requested on hand?

Finally, the employer’s company organization, HR, and overall preparedness play a large part in the H1B preparation process, given that many of the required documents need to be prepared (a certain way) by the employer.  The H1B recipient usually has very little control of what has already been prepared and if not ready, then when the required documents can be provided. Hence, the necessity to begin the process as early as January.

5. Did you know USCIS no longer accepts premium processing?

Be careful in submitting your H1B petitions as USCIS will reject your petition if filed or paid for incorrectly.  USCIS has suspended premium processing (I-907). Any petition filed with a combined check payment for regular and premium processing will be rejected.

 

 

Official page for ESTA application

By Lum Law Group 0

The Electronic System for Travel Authorization (ESTA) is for visitors (aka tourists) from qualifying countries under the Visa Waiver Program (VWP) who want to visit enter the US for up to three months.  Where before, such visitors could visit without any prior authorization, now they are required to register to ensure that they “pass” the security test. Many airlines will not board passengers from Visa Waiver Program countries unless they have an ESTA.

The good news is that you can apply for an ESTA in as little as ten minutes, at the airport, from your cellphone, etc. Some airlines will even do it for you at the counter.  It takes little to no preparation to apply for an ESTA, but you do need a VISA/MASTERCARD debit or credit card in order to pay for registration.

Here’s where it can go wrong.  When you’re in a hurry, or struggling to read tiny words off a mobile screen, you don’t have time to read the URLs of the websites you’re visiting.  You probably just typed in “ESTA” on your web browser, or opened Google.Com, and clicked “search”.

Nowadays, the first two or four results on Google are promotional advertisements. These ads will always place above a government website link on Google.  Some websites also hire SEO pros to rank their websites above government websites. Many are duped by them in their USCIS immigration visa applications, or for their ESTAs.

Check that the website you’re on is an official .GOV website. If not, it may not be secure. It may ask you for more than USD $14 for a completed ESTA application.

Here’s a website that charges a USD $83 “processing fee” in addition to the $14 ESTA registration fee:

This is not an official website

Notice how it reads “FREE” eligibility test? You don’t need that. If you click on the green button it’ll take you here:

This is why you should always read the fineprint

This website takes advantage of people who are stressed, in a hurry, using a preparer (like a airline employee who doesn’t never better), and people whose first language is not English. It even ranks second on Google search:

This Google search is in Finnish

We have heard people complain about being charged $65 for a last minute ESTA application at the airport. Don’t let that happen to you! Be warned and be prepared.