Baughman and Wang

USCIS Begins Transition to Electronic Filing

Administrator — Tue, 22 May 2012 17:30:37 +0000

U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.

“Today marks a significant milestone in our agency’s history,” said USCIS Director Alejandro Mayorkas. “We have launched the foundation for the web-based future of our agency and our immigration benefits system. USCIS ELIS will transform how we interact with our customers and how we manage the 6-7 million applications we receive each year.”

This initial launch brings the agency closer to realizing the future of immigration services. Beginning today, individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. Eligible individuals include foreign citizens who travel to the United States temporarily to study, conduct business, receive medical treatment, or visit on vacation. USCIS ELIS will also enable USCIS officers to review and adjudicate online filings from multiple agency locations across the country.

Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then review paper files and ship documents between offices to complete their adjudication. Today’s launch signifies an important step forward and is the first of several releases. Future releases will add form types and functions to the system, gradually expanding to cover filing and adjudication for all USCIS immigration benefits.

This important transition for America’s immigration benefits system will take time and continued dedication to fully implement. Following this first release, USCIS anticipates making adjustments and improvements in response to user feedback. This process will enable USCIS to continually enhance the user experience for both customers and USCIS employees. It will also allow the agency to smooth the transition to electronic filing over time, mindful of those individuals without computer access and the agency’s commitment to serve our diverse customer base.

Benefits of using USCIS ELIS include filing applications and paying fees online, shorter processing times, and the ability to update user profiles, receive notices, and respond to requests electronically. The system also includes tools to combat fraud and identify national security concerns.

Mayorkas attributed today’s successful launch to the steadfast dedication of the USCIS workforce. “USCIS employees believe in the transformation of our agency from a paper-based to an online environment. It is through their vision, unwavering commitment, and hard work that we have reached this important milestone,” Mayorkas said.

Visit www.uscis.gov/uscis-elis to take a tour of the new system, learn about eligibility and the benefits of using USCIS ELIS, and find frequently asked questions.

H-1B quota may be reached in 2-3 months

Administrator — Mon, 07 May 2012 21:46:53 +0000

USCIS announced today that as of May 4, 2012, USCIS received 32,500 H1B petitions(regular) and 13,700 master degree H1B petitions. If USCIS continues to receive filings at this pace, we estimate that H1 B quota will be reached in the next 2-3 months.

I was wondering if there are any organizations or something else that could help me with sponsoring my husband?

Administrator — Mon, 07 May 2012 20:39:42 +0000

Q: I was wondering if there are any organizations or something else that could help me with sponsoring my husband? I didn’t make enough to sponsor him myself and I’ve asked family members and friends but no one has been accepted.

A: Organizations cannot sponsor your husband as the sponsor must be a US citizen or permanent resident. If your income is not enough, you may ask other USC or LPR to be your co-sponsor. Sometimes your husband’s income and assets may also be considered. Be aware that some people may ask you to pay for someone to be the co-sponsor. This may be illegal and if discovered, it may jeopardize your husband’s immigration case.

For long delays, suing the CIS is still very effective

Administrator — Fri, 04 May 2012 23:34:16 +0000

Massive delays by the USCIS has been much better in the past several years. However, delays are still not uncommon and sometimes CIS still delays decision for no reason or good reason. In such a situation, suing the CIS is a good solution.

Recently, we sued the CIS for a family immigration case where CIS has denied the petition once, claiming a fraudulent marriage(no attorney representation). We took the case and refiled. After two interviews, CIS sit on the case for more than 10 months without any action. The marriage was more than 2 years and our client agreed to file the lawsuit against USCIS San Jose office.

Within 3 weeks CIS approved this case without asking for anything.

Did CIS just forget about this case? Who knows.

We have filed at least 300 lawsuits against CIS in the past 8 years for processing delays. In almost all cases we had relatively speedy resolution of the cases after filing.

Will USCIS deny my case?

Administrator — Wed, 02 May 2012 22:13:47 +0000

Q: My mother filed F2b visa application in March 2006 and this was approved by USCIS and sent to NVC on November 2006. In 2009, I got married and my parents became citizens in October 2010. Now when I updated my info to NVC with my current status and my parents’ naturalization, NVC has sent this back to USCIS as I got married before naturalization. Will USCIS deny my case?

A: By operation of law your mother’s petition for is revoked upon your marriage. You should have waited to marry after your mother became USC.

She will have to file new petition with new priority date.

Can I travel from state to state on a K1 visa?

Administrator — Wed, 02 May 2012 17:46:02 +0000

Q: Can I travel from state to state on a k1 visa although I haven’t file my AOS and I’m now out of status but I’m still married to my sponsor?

A: You may encounter stricter immigration paper inspection in some parts of the country (especially in the south or places near the Mexican border or airports. If you are spotted by ICE that you do not have a valid status in the US, you may be detained. In general, though, you can travel within the US without valid immigration paper (just use your passport or valid drivers license issued by any state of the US).

I did not reveal that I have a child to immigration, can I stil bring her with?

Administrator — Wed, 02 May 2012 17:44:00 +0000

Q: I did not reveal that I have a child (4 years old) in my immigration papers, can i still bring her to the USA and how complicated will be the process?

A: In general yes. We have done many cases where clients for some reason did not disclose they had other children. Whether this may complicate your own immigration case depend on the specific facts of your case. Please consult with an immigration lawyer for advice.

New EB5 data from USCIS

Administrator — Tue, 01 May 2012 18:33:52 +0000

USCIS has just released most recent data on EB5 cases. The data shows that in 2012, there are 2771 I-526 applications. CIS approved 2101, and denied 384(approval rate %85). In the same time, CIS received 375 I-829, petition to remove condition. CIS approved 522 and denied 24. The approval rate is 96%. The second quarter of 2012 sees 1478 I-526 applications, an increase of 185 applications.

At this time, there are total 194 regional centers that are active.

Please note since each EB5 investor bring an average of 1.5 family members in their applications, 4000 I-526 approvals would mean the quota will be reached. This year or next year the latest, that is a distinctive possibility.

Can LPR petition for siblings and parents?

Administrator — Thu, 26 Apr 2012 00:00:34 +0000

Q: I’m married to american citizen and we’re planning to petition my parents from the Philippines. Can we file the petition now even im not already a citizen here? And what age is the limit to petition my siblings? and how long is the process?

A: No. permanent resident cannot petition for parents or siblings. Only US citizen can.

31 EB5 investors may lose their green card and investment

Administrator — Fri, 20 Apr 2012 17:22:35 +0000

A recent lawsuit filed in federal court in Louisiana highlights the importance in selecting reputable regional center and project to invest.

Noble Real Estate Fund, a regional center in new orleans, has been sued by 27 of its 31 EB5 investors for mismanagement, breach of fiduciary duty and conversion, among other things. It is alleged in the complaint that the operators of the regional center took $6,000,000 for their personal use. Then they ran another $3,000,000 expenses. The project is half complete with only $100,000 left.

While most regional centers are honest and legitimate but investors must be very careful in selecting regional center and project.