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Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label Immigration Reform. Show all posts
Showing posts with label Immigration Reform. Show all posts

Sunday, May 20, 2012

New Online Filing Immigration System USCIS ELIS

New Online Filing Immigration System USCIS ELIS

U.S. Citizenship and Immigration Services (USCIS) is moving toward green (environmental) modernization. On May 22, 2012, USCIS will launch a new online immigration system to streamline the filing processes of certain immigration benefits. The new online immigration system is known as USCIS Electronic Immigration System (USCIS ELIS) and will be released in phases. Initially, certain applicants will be able to conduct online filing of Form I-539, Application to Extend/Change Nonimmigrant Status. Additional types of online filings of immigration benefits will be gradually introduced into USCIS ELIS, with improvements to the systems functionality. Eventually, USCIS ELIS will enable online filings for all immigration benefits. Optional paper filings may still be available.

May 19, 2012: By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and all work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship

Wednesday, July 14, 2010

Haiti TPS Registration Extended Till January 18, 2011 (Can Apply for EAD & Advance Parole; Based on Separate Immigration Eligibility/Application, Approved TPS Beneficiary May Apply for Nonimmigrant Status or Green Card)

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Temporary Protection Status (TPS) for eligible foreign nationals from Haiti has been extended from July 20, 2010 until January 18, 2011; allowing Haitians up to January 18, 2011 to apply for registration of TPS.

Eligible Haitian applicants must have been continuously present in the U.S. since January 12, 2010 to apply for TPS, and must submit their TPS registration by or before January 18, 2011.

Applicants may also apply for Employment Authorization Document (EAD) with their TPS applications. Filing fees apply but may be waived at the discretion of the USCIS on a case-by-case basis, upon reviewing the circumstances of the fee waiver request for each case.

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels.

All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications; or may be eligible for green card or other visa benefits.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
http://www.immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, July 13, 2010

TPS for El Salvadorians Until March 9, 2012

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Homeland Security (DHS) will extend the temporary protection status (TPS) for another 18 months for eligible El Salvador nationals, from the current expiration date of September 9, 2010 to the new expiration date of March 9, 2012.

To qualify, eligible applicants must submit their TPS applications to the USCIS between July 9, 2010 and September 7, 2010. The applicants must apply within this time frame to avoid immigration complications. Applications outside this time frame may be possible depending on the circumstances of each case.

For existing TPS beneficiaries seeking re-registration of their TPS, the USCIS will automatically extend existing employment authorization documents (EAD) held by TPS beneficiaries for 6 months, until March 9, 2011 but they must still apply for their re-registration of TPS between July 9, 2010 and September 7, 2010. For those seeking to extend their EAD, they must also submit their applications to extend their EAD.
For eligibility, the applicants must meet the following criteria including, but are not limited to:

1. Applicants must be a national of, or for those without a nationality, last habitually resided in El Salvador;
2. Applicants must have been continuously resided in the United States since February 13, 2001; and
3. Applicants must have been continuously present, physically, in the United States, since March 9, 2001.

Late applicants or late registrants may apply for this TPS benefits if they could demonstrate that in 2001, the applicants were in valid nonimmigrant status or had other form of immigration relief(s) such as:
1. Voluntary departure;
2. Relief from removal;
3. Parolee or pending re-parole application;
4. Being a spouse or child of a foreign national currently eligibly to be a TPS registrant; OR
5. Have pending application for one of the following:
(a) Adjustment of status
(b) Change of status
(c) Asylum
(d) Voluntary departure
(e) Removal, including those under review or appeal

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels. All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
http://www.immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/ or http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, June 15, 2010

Improvements in I-601 Waivers May Be Soon: Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time!

On June 10, 2010, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman has made formal recommendations to the USCIS to enhance its efficiency in processing applications for I-601 waivers of inadmissibility. USCIS Ombudsman is an independent agency of the Homeland Security to assist individuals and employers in resolving, and identifying areas of, problems with the USCIS; and it also proposes changes to USCIS to mitigate identified problems. The USCIS Ombudsman reports directly to the Homeland Security.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; immigration regulations have not defined the criteria of “extreme hardship” for I-601 waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

In addition, foreign nationals who are still in the U.S., and aware of their need for I-601 waiver applications, are often times deterred from utilizing the I-601 process by going abroad, where required and depending on the circumstances, to seek the I-601 waiver remedy due to the highly uncertain outcome of the I-601 adjudication process or its excessive wait time. These foreign nationals are faced with the choices of either sacrificing the opportunity in remedying/improving their immigration status/compliance so that they could stay close to their family members in the U.S., or embarking on a risky journey of I-601 process which may result in long-term separation from their families in the U.S.

The USCIS Ombudsman has made several important recommendations to the USCIS Director to change, improve or enhance its adjudication and handling of applications for I-601 waivers such as:

1. Implementing an avenue for concurrently filing of I-130 Petition for Alien Relatives together with the I-601 waiver applications. Currently, where an I-130 petition is required, a foreign national must wait for the I-130 petition to be adjudicated before filing an I-601 waiver application, where required, thereby, unnecessarily increases the wait time for foreign nationals and their U.S. families.

2. Centralizing the USCIS processing of all I-601 waiver applications to achieve faster and more standardized adjudication.

3. Developing a centralized case management system to allow for accurate and centralized tracking of processing time and individual case status. Currently, the case status for an I-601 waiver application, filed at the U.S. Consulate, cannot be tracked using the USCIS online case status, unlike other immigration cases. (USCIS online case status service is available for I-601 waiver cases that are eligible for filing and are filed within the U.S.)

4. Providing clear filing instructions and guidelines to customers on the procedures for a request for expedited processing of an I-601 waiver application. At present, there are no instructions on what must be submitted for such a request for expedited processing.

5. Improving the interactions and coordination between the U.S. Department of State (DOS) and the USCIS to allow expeditious handling of I-601 waiver cases, for I-601 waivers filed at the U.S. Consulate.

6. Establishing a policy on advance file gatherings to allow the I-601 adjudication offices to expeditiously review and adjudicate I-601 waiver cases.

For further information on I-601 waiver applications/cases, please also read our article on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, June 2, 2010

Rising Demand for Workforce, Foreign Nationals or Otherwise, As Oil Spill and Environmental Calamities Worsen in the Gulf of Mexico?

With the spread of environmental calamities as a result of the severe and continuous oil leak caused by BP’s Deepwater Horizon oil rig explosion on April 20, 2010 in the Gulf of Mexico of the United States, international cooperation and efforts from various experts which include, but are not limited to the scientific, environmental, and natural oil/gas communities are more sacrosanct than ever.

This oil spill disaster is expected to be the worst environmental catastrophe in the U.S. Patches of the oil spill have already washed up on the coastal parts of three U.S. states (Louisiana, Alabama and Mississippi). Before that, the oil spill has also begun to eliminate or severely dampen the livelihood of fishermen and other workforce relying on the coastal and marine economy. Even the U.S. tertiary sectors relying on the coastal or marine economy are severely affected. This oil spill catastrophe could not come at a worse time given that the U.S. and many international communities are still trying to ride out of the economic downtown. At the same time, we will see a shift of demand for other types of workforce, and the creation or increase of other types of jobs and industries.

As a result of this environmental and economical catastrophe caused by the oil spill in the Gulf of Mexico, we expect to see a rising demand for wide-ranging and diverse specialized professionals in the U.S. to combat the increasingly evident and potential astronomical environmental disasters. These professionals, whether they are U.S. residents or foreign nationals, may range from scientists, engineers, environmentalists, researchers, environmental and other economists, biologists, oceanographic professionals, atmospheric professionals, medical/legal/financial/insurance/business experts, geologists, and/or alternative/clean/other energy experts.

Qualified and eligible foreign national experts, professionals or technical personnel are, therefore, likely to see increasing opportunities to fill the needs in the U.S. to resolve the oil spill and related environmental, industrial and economic catastrophe.

There are many types of immigration options which would allow such qualified workforce to enter or remain in the U.S. to help resolve the oil spill and pertinent matters.

A. For nonimmigrant or temporary work visas, the immigration options include, but are not limited to:
1. H-1B specialty occupation professionals work visas.
2. H-2 seasonal or temporary worker work visas.
3. E treaty trader/investor work visas.
4. TN NAFTA country work visas.
5. L-1 intra-company transferee work visas.
6. O-1 extraordinary ability work visas.

B. For immigrant or permanent lawful residence status (commonly, known as the green card), the immigration options include, but are not limited to:

1. Employment-Based (EB-1) extraordinary ability green card status.
2. EB-1 multinational managers/executives green card status.
3. EB-2 outstanding researcher/professor green card status.
4. EB-2 national interest waiver green card status.
5. EB-2 exceptional ability green card status.

C. Depending on the foreign nationals’ credentials and eligibility, and the types of immigration option being sought, the foreign nationals may or may not require any existing or new employer-sponsors.

This would be an opportune time to call for concerted efforts from all qualified professionals and workforce, whether they are in the U.S. or abroad, foreign nationals or otherwise, to explore their expertise and opportunities to help overcome the environmental and economical problems caused by the oil spill in the Gulf of Mexico. Ultimately, the adverse and wide-spreading environmental and economical impact from this oil spill is inherently non-adherence to national borders, and is therefore, an international concern as opposed to just a U.S. crisis.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, January 19, 2010

Temporary Protection Status (TPS) for Haiti Starting on January 21, 2010!

The U.S. Department of Homeland Security (DHS) will be publishing the Federal Register notice announcing the designation of Haiti for temporary protected status (TPS) on 1/21/2010, allowing eligible individuals from Haiti to apply for TPS starting 01/21/2010.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Friday, January 15, 2010

Temporary Protection Status (Temporary Immigration Status) for Haiti

In response to the January 12, 2010 earthquake tragedy in Haiti, the U.S. Department of Homeland Security (DHS) Secretary, Janet Napolitano, announced on January 15, 2010 that the United States will be granting Temporary Protection Status (TPS) to Haiti for 18 months. TPS is a temporary immigration status (for 18 months, in this case) to qualified foreign nationals for a designated country.

To be eligible for this TPS, the applicant must meet criteria such as:
1. The applicant must either be a national of Haiti, or does not have any nationality but whose last habitual residence was Haiti.
2. The applicant must have been continuously present in the United States (U.S.) since January 12, 2010 and the date when TPS can be submitted to the immigration.

People who are not eligible to apply for this TPS include:
1. Those arriving in the U.S. after January 12, 2010.
2. Those convicted of a felony, or two or more misdemeanors.
3. Those subject to several other criminal and security-related bars to asylum, including participating in the persecution of another individual or engaging in or inciting terrorist activity.

These TPS applications can only be submitted to the government in the time frame below:
1. When the federal government publishes the TPS eligibility in the Federal Register. A Federal Register is an official journal of the federal government of the United States.
2. Once published in the Federal Register, the TPS application must be submitted to the government within 180 days.

For those with existing or future immigration applications, not related to the TPS:
1. A TPS application does not affect an existing or other immigration case which was previously submitted to the immigration.
2. Similarly, a TPS applicant who has already applied for TPS but who has another form of immigration relief such as marriage- or employment-based sponsorship may continue to apply for the non-TPS immigration benefit, if eligible.

By virtue of a TPS application, an applicant will also be eligible to apply for employment authorization to work in the U.S. A TPS applicant will also be eligible to apply for advance parole, a type of travel document for international travel. However, a foreign national planning to travel internationally even with an advance parole should consult an experienced immigration attorney prior to an international travel because an advance parole document does not serve as a guarantee for re-entry into the U.S. Advance parole is merely a document for the traveler to apply for permission to re-enter the U.S., and certain foreign nationals may not be allowed re-entry into the U.S. after their international travels.

The standard documents required to apply for TPS will include proof of nationality, or for those without any nationality, last habitual residence for Haiti; and continuous presence in the U.S. since January 12, 2010. Secondary evidence may be used, where applicable. The final procedures for filing TPS applications will be announced in the Federal Register.

Separate government application filing fees will apply for a TPS application, employment authorization document and advance parole. Under certain circumstances, the filing fee(s) may be waived.

Most non-United States (U.S.) citizens (even green card holders) who are in the U.S. are required by law to notify DHS of any change of address within 10 days after moving to a new address, by filing a Form AR-11, Change of Address. The form AR-11 may be filed electronically on DHS' website at https://egov.uscis.gov/crisgwi/go?action=coa . Failure to comply with the U.S. change of requirement is a misdemeanor crime, punishable by fine (up to $200) and/or imprisonment (up to 30 days), and may also subject the non-U.S. citizen to deportation.

An immigration news article by Aik Wan Kok of Tiya PLC.
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Tuesday, June 2, 2009

Will the Long-Awaited Proposed Legislation on Providing Green Card/Permanent Imigration Status to, & Uniting Families from Abroad Finally Becomes Law?

An important proposed legislation that seeks to promote timely unification of, and legal permanent residence status (also known as green card) to relatives abroad with their families in the U.S. has been reintroduced to the U.S. Senate. The Uniting American Families Act would help legal immigrants unite with and confer legal permanent residence (green card) status to their families from abroad and end the decade-long waiting periods for legal immigrant visas by, among other things, recapturing unused immigrant visas and eliminating the tragically long family immigration backlogs. The U.S. Senate Committee on the Judiciary has scheduled a hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law" on June 3, 2009.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at
koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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