Recent posts

  • Type: FAQ
    Post date: Apr 21st 2017
    Body:

    Watch the Video on this FAQ: How long can a US Citizen stay outside the USA

    Video Transcript

    As long as you like. You could stay outside for thirty years and never come to the USA. You will still be a US citizen. Green card holders don't have that benefit, but US citizens do.

    More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  • Type: FAQ
    Post date: Apr 21st 2017
    Body:

    Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

    Video Transcript

    Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

    The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are within the USA. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  • Type: FAQ
    Post date: Apr 21st 2017
    Body:

    Watch the Video on this FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

    Video Transcript

    1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.

    2. Make sure that this is not really an issue of fraud, get a lawyer don't expect immediate results. If you're lucky you might get this resolved in a few months, but it could take years. There is a waiver called 212(d)(3), you can look into that as well.

    3. Basically, when you change passport, you just have to go get a new B-1/B-2 stamping done. It won't be a big issue. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  • Type: News
    Post date: Apr 21st 2017
    Body:
    If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, USCIS will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.

    USCIS anticipates designating one of the two charts each month and linking to the relevant chart below within one week of DOS’ publication of the Visa Bulletin.

    Current Month’s Adjustment of Status Filing Charts

    For Family-Sponsored Filings:
    You must use the Final Action Dates chart in the Department of State Visa Bulletin for April 2017.

    For Employment-Based Preference Filings:
    You must use the Final Action Dates chart in the Department of State Visa Bulletin for April 2017 .

    Next Month’s Adjustment of Status Filing Charts

    For Family-Sponsored Filings:
    You must use the Final Action Dates chart in the Department of State Visa Bulletin for May 2017.

    For Employment-Based Preference Filings:
    You must use the Final Action Dates chart in the Department of State Visa Bulletin for May 2017.

    For the Previous Adjustment of Status Charts please visit this link https://www.uscis.gov/visabulletininfo

     

  • Type: News
    Post date: Apr 21st 2017
    Body:

    On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related programs: 

    SEVP will provide guidance to affected students in notification letters, should their schools’ certification be withdrawn. However, students enrolled at an ACICS-accredited school should contact their designated school officials (DSOs) immediately to better understand if and how the loss of recognized accreditation will impact the F/M student’s status and/or immigration benefits application(s).

    If an ACICS-accredited school voluntarily withdraws from SEVP certification or cannot provide evidence in lieu of accreditation for programs listed on their Form I-17, international students at these schools will have 18 months to:

    • Transfer to a new SEVP-certified program;
    • Continue their program of study until the current session end date listed on their Form I-20 (not to exceed 18 months); or
    • Depart the United States.

    After this 18-month grace period, SEVP will terminate the SEVIS records of any active F/M student at an ACICS-accredited school who has not transferred to an SEVP-certified school or departed the United States. Please note, this guidance applies equally to all F/M students—regardless of program of study and the 18-month period is valid for English as a Second Language (ESL) students as well.

    ACICS-accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school selects to voluntarily withdraw its certification or is withdrawn by SEVP. If a student’s ACICS-accredited school is able to provide evidence of an ED-recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

    English Language Study Programs

    USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after December 12, 2016, requesting a change of status or reinstatement in order to attend an ACICS-accredited English language study program. Upon receiving an RFE, individuals will have an opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements. 

    If the student does not submit a new Form I-20 from an accredited school, USCIS will deny a change of status or reinstatement request because the program of study is no longer accredited by an entity recognized by ED. 

    For more information about the loss of ACICS accreditation on English language study programs, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

    The 24-Month STEM OPT Extension Program

    F-1 students wishing to participate in the STEM OPT extension must have a degree from an ED-recognized accredited U.S. educational institution at the time they file their STEM OPT application. As noted above, USCIS considers the filing of the application to be the date of the DSO’s recommendation on the Form I-20.

    USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if: 

    • The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
    • The student’s DSO recommendation for a STEM OPT extension, and as indicated on Form I-20, is dated on or after December 12, 2016 (i.e., the date on which ACICS ceased to be recognized as an accrediting agency).

    Because there is a requirement that students use a STEM degree from an accredited, SEVP-certified school at the time of application, the ACICS loss of accreditation prevents these students from qualifying for a STEM OPT extension. Students who receive a denial will have 60 days to prepare for departure from the United States, transfer to a different school, or to begin a new course of study at an accredited, SEVP-certified school.

    Students whose Forms I-20 have a DSO recommendation date prior to December 12, 2016, are not affected. For more information about the impact of loss of ACICS recognition on the STEM OPT extension program, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.