Recent USCIS Telephone Scams

U.S. Citizenship and Immigration Service (USCIS) in recent weeks have learned of a new telephone scam targeting USCIS applicants and petitioners. Scammers are using a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID. The scammer poses as a USCIS official and requests personal information (such…

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DOMA Ruling and Immigration Benefits for Same-Sex Partners

With the overturn of Defense of Marriage Act (DOMA), same-sex partners of U.S. Citizens and permanent residents are now entitled to same immigration benefits that were earlier available only to opposite-sex couples.  Some of the notable immigration benefits that the same-sex partners are now eligible to includes: Fiancé Visa, Marriage Visa, Adjustment of Status, Immigrant…

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Immigration Reform Bill Introduced in Senate (Part 2 of 3)

In Part 1 of this Article, we provided you with an overview of the Immigration Reform Bill that was introduced in the Senate on April 17, 2013 and familiarized you with some of the key provisions for those who are present in the Unites States in an unlawful status.  This article will highlight some of…

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Immigration Reform Bill Introduced in Senate (Part 1 of 3)

On April 17, 2013, Senators introduced a long-awaited and sweeping immigration overhaul bill, known as the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013” that addresses backlogs in legal immigration, undocumented immigrants, and border security.  This 844-page bill is the result of weeks of negotiations amongst the Senate’s “Gang of Eight” – four…

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Updating DS-160 after Submission

All nonimmigrant visa applicants, with the exception of those applying for K visa, must use online DS-160 Nonimmigrant Visa Application Form.  A successful submission of the DS-160 creates confirmation page with a unique barcode that the visa applicant must take with her/him to the visa interview.  Issues arise where the visa applicant, after submitting her/his…

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Driver’s License, SSA, and other Issues for Noncitizens and Naturalized Citizens

SAVE (Systems Alien Verification for Entitlements) is an inter-governmental information services program which verifies the immigration status of a noncitizen or a naturalized citizen, helping to ensure that only entitled applicants receive federal, state, or local benefits, such as a driver’s license, Social Security Number, housing assistance, Medicaid, or other public benefits.  Any participating benefit…

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30/60 day rule: Employer’s Obligation to Pay H-1B Worker

At this time of the year, we receive many queries from employers about their obligation to pay H-1B workers who are either entering the US for the first time in H-1B status or are changing status to H-1B.  Predominantly these queries are from employers for whom the H-1B beneficiary has entered into employment with them…

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Filing Deadlines for F-1 OPT Applicants

American Immigration Lawyers Association (AILA) recently learned that some US CIS Service Centers have started taking a restrictive approach to the filing deadlines for F-1 Optional Practical Training (OPT) applications.  Until recently, whenever US CIS received an OPT application more than 30 days after the DSO has recommended OPT in SEVIS, the US CIS would…

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Form I-94 Information for Foreign Travelers: CBP Update

Custom and Border Patrol (CBP) is exploring automating the Form I-94 Arrival/Departure Record to allow for the electronic management of the data.  This has resulted in delays in processing the travel information into the I-94 database.  Hence, CBP is advising foreign visitors entering the U.S., who need to prove their legal status to employers, schools/universities…

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Cap Subject H-1B Cases: US CIS is Prioritizing

As October 1st approaches, there continues to be delay in adjudication of H-1B cap subject cases.  Many F-1 students with expired OPT are work authorized till October 1st as a result of cap-gap and unless their petitions are adjudicated by October 1st, 2012, their work authorization will terminate on September 30th, 2012. The USCIS has…

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