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My Law,LLC Immigration Law Firm WebSite: E-mail: Phone: 1-(630) 903-9625

Friday, September 15, 2017

B2 Visitor Visa

When you apply for visitors visa extension, it can either be approved or denied. If your visitors visa extension is denied, there are several consequences depending upon various situations.

Prior to I-94 Date
If your visitors visa extension is denied prior to the expiration date of the CURRENT I-94 date, there are no consequences and you should leave normally before it expires.

Past the I-94 Date
As long as you filed the extension application before the expiration date of the current I-94 form, you are in legal status as long as the application is pending or 240 days, whichever comes first. However, if you are still in the U.S. when your extension application is denied, you immediately go out of status. You will have to leave immediately. It is understood that there are practical difficulties in leaving on the same day. It takes time to arrange the air tickets, pack the bags and so on, but legally, there is no grace period. 

Visa is Void
If you are in the U.S. past your I-94 date, and if your visitor visa extension is denied, then the visa is considered automatically cancelled. When the visa is cancelled, they don't have to stamp or strike off the actual visa stamp in the passport. They just make an entry in their computer. That means, if you try to enter the U.S. with that visa stamp again, you will not be allowed.

Even though some people have reported that they were allowed entry into the U.S. after such an incident, there are others who have been denied. Some people are not willing to accept the fact and continue to argue and take whatever position is convenient to them. However, the fact remains that your visa is void. You will have to apply all over again at the consulate when you want to visit next time.

My Law, LLC                                           
Immigration & Tax Law Firm
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563

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Tuesday, September 5, 2017

Trump Ends DACA, No New Applications Accepted

The Justice Department announced on Tuesday it is ending DACA, the Obama-era program that allowed undocumented immigrants who came to the U.S. as children to remain in the country, while also giving Congress a six-month window to possibly save the policy.
For those whose permits are set to expire before March 5, 2018, though, the U.S. government will also allow them to renew their DACA status — provided their applications are received before Oct. 5, 2017. Currently, there are about 201,000 young adults whose authorizations are set to expire this year, officials at the Department of Homeland Security explained Tuesday.

Otherwise, beginning today, the U.S. government isn’t going to consider any new DACA applications, leaving still hundreds of thousands of its beneficiaries, known as Dreamers, in legal limbo.

On one hand, the delay on enforcement gives Congress some time to decide whether to preserve the program by writing a law. Absent that, though, these Dreamers would be at risk for deportation — even as government officials stressed Tuesday they are not going to target these young adults in the future.

My Law, LLC                                           
Immigration & Tax Law Firm
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563

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Thursday, August 31, 2017

Trump Likely to End DACA Immigrant Program

Begun in 2012 under the Obama administration, the DACA program allows young people who arrived by 2007 to remain in the country if they were illegally brought by their parents to the U.S. before they were 16, have lived here since then, and have not committed serious crimes. Some also came here legally with their parents but then overstayed their visas.

Those eligible must renew their DACA status every two years. More than 800,000 are now covered by the policy and can legally apply for work permits.

During Trump’s campaign, Trump said he would cancel DACA. But in late April he sent a different message, telling the Associated Press that young people covered by the program could "rest easy" because his priority was deporting criminals. "This is a case of heart," he said.

However, President Trump, as early as last Friday, is expected to announce plans to end the Obama administration program that gave a deportation reprieve to hundreds of thousands of young illegal immigrants

Democrats expressed opposition to the move, referencing the president’s past comments.

My Law, LLC                                           
Immigration & Tax Law Firm
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563

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Tuesday, August 29, 2017

Employment Green Card Interview

Many individuals applying for employment-based green cards have their interview waived, especially if they have extraordinary abilities and if the employer petitioning on their behalf is the same one that sponsored their initial work visa.

The new policy, which will go into effect on October 1, people applying for green cards based on their employment or for refugee and asylee relatives will be subject to an interview.

The new requirement will apply to anyone moving from an employment-based visa to lawful permanent residency. Visa holders who are family members of refugees or people who receive asylum will also be required to undergo an in-person interview when they apply for provisional status, a stage that precedes receiving a green card, according to USCIS.

Wednesday, August 23, 2017

H4 Visa

The spouses of H-1B visa holders are issued the H4 visa, which does not allow the spouses to work. 
But from 26 May 2015, there was a provision that was added - H4 visa EAD - which would let dependent spouses of H-1B visa holders work in the US provided the H-1B spouse:
·         Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.

·         Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.

Saturday, August 12, 2017

Merit-Based Immigration System

The current U.S. immigration system favors uniting family members with relatives already in the country. It was built on the premise that any person, regardless of how much education or money they have, can come to the United States and create a productive life for themselves.  

However, President Trump is pushing forward with his promise of a harder line on legal immigration, endorsing a proposal to slash the number of immigrants admitted to the United States while favoring those with certain education levels and skills.

White House staff have been working closely with Cotton and Perdue for weeks on the legislation, which would restrict how the U.S. admits immigrants and move to what Trump has described as a "merit-based" system similar to that used in Australia and Canada.

Saturday, June 17, 2017

Entry-level H-1B programmers

The U.S. government is taking action that will likely increase the visa denial rates of H-1B programmers, a move that could help U.S. nationals, both in terms of wages and jobs.
The U.S. Citizenship and Immigration Service (USCIS) wants programmers who offer skills that are specialized or unique. That means firms seeking to hire programmers at entry-level wages may see their H-1B visa requests denied. 
There's a reason the U.S. doesn't want entry-level visa workers. Take for instance, Michigan, a state that President Donald Trump won. The prevailing wage for an entry-level computer programmer in Flint is $38,000, while the mean wage for that occupation in the city is $60,000.

Monday, June 5, 2017

2016 Entry/Exit Overstay Report

U.S. Department of Homeland Security (DHS) released the Fiscal Year (FY) 2016 Entry/Exit Overstay Report. The report provides data on departures and overstays, by country, for foreign visitors to the United States who entered as nonimmigrant visitors through an air or sea Port of Entry (POE) and were expected to depart in FY16.
The in-scope population for this report includes temporary workers and families (temporary workers and trainees, intracompany transferees, treaty traders and investors, representatives of foreign information media), students, exchange visitors, temporary visitors for pleasure, temporary visitors for business, and other nonimmigrant classes of admission. This population accounts for 96.02 percent of all nonimmigrant admissions at U.S. air and sea POEs in FY16.
Importantly, the report does not cover all foreign visitors to the United States—such as those who enter the United States through a vehicular or land POE. Nor does the report provide the total estimated in-country overstay population currently in the United States. Rather, it provides data on overstays in a snapshot of time—those foreign visitors who were expected to depart in FY16, and those who did not do so.