Posts

IS THERE A RISE IN IMMIGRATION FRAUD IN THE U.S? HERE’S WHAT YOU SHOULD KNOW.

Some immigration law firms in the United States have been facing a similar occurrence where scammers are using different points of contact like emails, websites, and calls.
In a certain case, a client had received a phone call from a person claiming to be an immigration officer. The caller ID showed that she was a representative of a government agency and her assertions were firm and convincing enough to fool any certified and experienced professional.
The client was threatened with an issuance of a warrant. Additionally, the client was threatened to stay on the call claiming the call was “being recorded” and therefore not hung up. If the call was to end, the police would be unable to assist. If money was paid instantly via online gift cards, the issue could be solved.
Upon revealing the incident on social media, several other scam alerts resembling the said case came up and it has been understood that the scammers are going around using three major plots to establish their genuineness and petrifying the client.
As an immigration law firm in Queens with 50+ years of combined experience
They are :

● That the client is in grave trouble with local, state, or federal law
● The solution to the problem is the payment of money but not in form of checks
● Not to terminate the call.

Here are some of the points one must remember to check in official emails from the USCIS about visa processing.

● Emails from the government mandatorily end in the domain“.gov;”
● Under no circumstance, the USCIS will send an email specifying an individual and indicating approval for any kind of visa or any other type of immigration benefit; and
● Under no circumstance will the USCIS ask for a money transfer from an individual through any means of contact ( Payments by Phone or Email).
● No government organization will ever threaten any individual over the phone, especially for financial gain.
● No government organization mandates that you keep your employees connected.
● The use of unconventional payment methods such as gift cards, Western Union, Moneygram, etc. is not required by any government agency.
● Caller IDs, emails, and webpages may all be easily made to look authentic.
● Callers like this should be ignored, and you should file a complaint with the Federal Trade Commission. https://reportfraud.ftc.gov. Our social role is to raise awareness, and knowledge is our best weapon.
● Many educational institutions provide specific cautions on their web pages for international students. If you are a student, you should also report any similar instances to the administrators at your school.

The US State Department has issued a warning statement :
” The Department of State, Office of Visa Services, advises the public of a notable increase in fraudulent emails and letters sent to Diversity Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government in an attempt to extract payment from DV applicants. All applicants should be familiar with information about DV scams provided by the Federal Trade Commission. Applicants are encouraged to review the rules and procedures for the DV program so that they know what to expect when to expect it, and from whom. ”

The government websites which are important to follow in order to stay aware are :

● US State Department: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fraud.html
● Federal Trade Commission:
– https://consumer.ftc.gov/features/scams-against-immigrants
– https://consumer.gov/scams-identity-theft/scams-against-immigrants
● US Citizenship and Immigration Services: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams

For more information, contact some of the remarkable Immigration attorneys of New York at Gehi and Associates who will thoroughly guide you through the procedures.

Best Immigration Attorney Bronx

Qualified Liberians may apply for EADs through June 30, 2024

A Federal Register notice has been published by the U.S. Citizenship and Immigration Services (USCIS) for the augmentation and expansion of eligibility for Deferred Enforced Departure (DED) for Liberians and explaining the eligibility of Liberians to apply for Employment Authorization Documents (EADs). 

 

On the 27th day of June, President Biden issued a memorandum of extension of DED for Liberians for a period of 24 months. It also defers the removal of any Liberian national, or of individual who has last resided in Liberia habitually without nationality and has been continuously physically present in the United States since May 20, 2017, and who meets the eligibility criteria of DED. 

 

Additionally, the memorandum extends employment authorization for individuals who come under DED Liberia through June 30, 2024. The validity of the validity DED-related EADs is to be automatically extended by the USCIS through June 30, 2024, for those who possess an EAD with a Category Code of A-11 and a Card that expires by March 30, 2020; Jan. 10, 2021; or June 30, 2022. Despite the passing of the facial expression date, the validity of the EADs remains unchanged. 

 

DED does not have any application. Liberians covered under DED have the authorization to work in the United States of America. Eligible Liberians under the memorandum can apply for an EAD by filing Form I-765, Application for Employment Authorization. The Department of Homeland Security may, in its sole discretion, grant travel authorization to persons subject to the Liberian DED. Individuals wishing to travel outside the United States may submit Form I-131, Travel Document Application. 

regulation issued by DHS to protect daca how

Regulation issued by DHS to protect DACA. How?

In a recent announcement by Homeland Security Secretary Alejandro N. Mayorkas , a final rule to fortify the Deferred Action for Childhood Arrivals (DACA) , a policy for specific non-eligible individuals who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit, has been issued.

Since 2012, nearly 800,000 young people have found a home in the United States with their families, and they have grown up to serve the country’s society in a variety of noble ways.

 

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary programme that has transformed the lives of so many Dreamers,” said Alejandro N. Mayorkas.”Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. “However, we need Congress to pass legislation that provides a long-term solution for the young dreamers who have known no other country as their home than the United States.”

 

As based on the perennial USCIS practise and as declared in the 2012 Napolitano Memorandum ,the rule illustrates that there should be consistent judgement from the Department and to be maintained by the same three presidential administrations, and it zeroes in on the fact that DACA recipients should not be prioritised for removal.

The final rule after certain developments and replacements in the DACA policy guidance is:

 

Upholding the existing threshold criteria for DACA
Retaining the procedure for DACA requesters to seek work authorization
affirms the long-standing, prevailing policy of DACA not being a form of lawful status but that DACA recipients are to be considered “lawfully present” for certain purposes like other deferred action recipients.

 

The final rule is to be effective from October 31, 2022.

immigration attorney in queens

Republican and Democrats sponsor the Afghan Adjustment Act

From a humane perspective, dealing with uncertainty in terms of legal residency and future is believably the most traumatizing thing to happen. And that is precisely what the Afghan refugees on humanitarian parole had been subjected to for almost a year after
the Talibans wreaked havoc in Afghanistan.

But on Tuesday, U.S. Senators Amy Klobuchar (D-MN), Lindsey Graham (R-SC), Chris Coons (D-DE), Roy Blunt (R-MO), Richard Blumenthal (D-CT), and Lisa Murkowski (R-AK) has introduced the Afghan Adjustment Act which opens a door for the newly arrived Afghans with temporary status in the U.S. It allows them to undergo additional vetting to apply for legal residency, and end a period of the tormenting uncertainty concerning their citizenship status.

It is expected that it will enhance the Special Immigrant Visa (SIV) procedure, broadening the SIV eligibility by including groups that worked with the American forces such as the Afghan National Army Special Operations Command and the Female Tactical Teams of Afghanistan, the Afghan National Army Special Operations Command, the Afghan Air Force, and the Special Mission Wing of Afghanistan. With an establishment of a task force to implement a plan to support the Afghans residing outside the States but has the eligibility for the SIV status and requires the State Department to respond to congressional inquiries about SIV applications. The task force will be led by the US Secretary of State, the Secretary of Defence, the Secretary of Homeland Security, the director of national intelligence, and the FBI as reported by the Hill State.

What particularly raises hope in this regard is that three minority Republicans, including Senator Lindsey Graham, have joined hands with three majority Democrats in introducing an identical version of the Afghanistan Adjustment Act in the thinly divided Senate, therefore, elevating its chances of passage in Congress and garnering 60 votes in the Senate.

Murkowski said “This month, we mark the one-year anniversary of the U.S. military withdrawal from Afghanistan, and the end of America’s longest war at nearly 20 years. During the withdrawal, and the weeks that followed, I worked diligently with my staff, and alongside our military and our federal agency partners, to urgently evacuate American citizens, vulnerable Afghans, and our Afghan allies; brave individuals who risked their lives supporting our troops and mission in Afghanistan. More than 76,000 Afghan evacuees were brought to the United States, and many of them were given humanitarian parole – a temporary immigration status typically granted for one to two-year periods. Alaska has welcomed over 100 Afghan evacuees who are now settling in as valuable members of our communities across the state,”.

“I never supported indefinite American troops’ presence in Afghanistan, but I shared the concerns about the lasting negative impact that complete withdrawal would have. Those concerns have become reality as the Taliban wreaks havoc on Afghanistan, condemning millions to live under oppression, and sentencing our allies who were unable to evacuate to death. It is unlikely that Afghans brought to the United States on temporary status will be able to return to their homes in the near, mid, or even long-term future. At the same time, there are allies and vulnerable Afghans who are desperately trying to leave their crumbling nation, and who live under great risk. The United States must ensure that we keep our promises to our Afghan allies, and provide certainty for those who fled to the United States and have no place to return. I am proud to join my Senate colleagues in legislation to give innocent Afghans hope for a safer, brighter future.”

Immigration Attorney Brooklyn

BASIC OVERVIEW OF WHAT THE U.S. IMMIGRATION LAW DEALS WITH

Immigration Law in the United States is a wide arena to deal with as it encompasses various situations a person might have to encounter relating to traveling from a different country.

 

The most common scenarios and streams of Immigration Law are :

 

  • Visiting the country: Visitors of the United States often come due to the purposes of tourism or meeting loved ones or with medical needs or for social meetings or events.

They go through a process of proving their eligibility for the required visas and go through the application process. For this category, the visitors require a B-2 visitor visa.

For Business purposes, the visitors are required to apply for a B-1 business visa.

 

 

  • Employment in the U.S.: For obtaining access to employment in the United States, it is important for the employee to gain the status of a permanent resident to be able to cater to any job opportunity in any part of the country. But in cases of not qualifying for permanent resident status, they are to apply for a temporary work visa.

 

 

  • Green Card Acquirement: The Permanent Resident Card i.e. the Green Card is given to immigrants or parolees but it has some of the most important criteria to abide by in order to obtain permanent citizenship through this card.

 

It is provided mainly to highly skilled employees and employers, immediate relatives of the citizens of the U.S.A., eligible refugees and seekers of asylum, long time residents. A limited number of Green Card visas are issued and as the process is a tedious and complex one thereby only selected immigrants are eligible for it.

 

  • Naturalization: The process of Naturalization i.e. becoming a naturalized citizen is an extensive procedure with heaps of paperwork, background confirmation, interview, and testing, ending with the mandatory oath of allegiance. Naturalization comes with similar benefits as that of a natural-born citizen of the U.S. thereby this process is a popular one.

 

  • Process of Border entry: The cross-border entry rules might be a cumbersome process but the correct consultancy and the right procedure make the experience painless. The process is incorporated with the subsection of ” Border Entry Rules ” which includes all the border crossing formalities with additional border entry information. The overview mainly is applicable on
  • Lawful Permanent Citizens who are Green Card Holders.
  • Citizens from foreign countries
  • Citizens of Canada and Mexico
  • Trust Traveler programs

 

Visit www.gehilaw.com for more details

For Free Consultation call (718) 263-5999

 

 

 

Immigration Lawyer Jamaica

What is the time frame for visa processing in the United States?

Visa processing in the United States, although is looked after by the most appropriate professionals with laws guarding it, might not be the most predictable procedure in the administrative curriculum of the country.

 

There is no one processing time to predict when it comes to a visa application process in the U.S. As the U.S. administration reviews every application process on a case-by-case footing thereby the reviewing process can vary with the kind of immigration process in concern.

 

Usually, for temporary non Immigrant visas, the time frame goes till a few weeks or months whereas immigrant visa applicants can take up to years. The US visa processing time depends on the type of visa that one is applying for.

After the processing, the applicant is likely to receive a reply of affirmation on the application, and the consulate is to deliver the document. The delivery of the visa can take up to two other workdays.

 

On average, the processing duration for each of the visas is as follows :

  • E1 visa: 2 to 4 weeks i.e. almost a month
  • E2 visa: 4 to 6 weeks i.e. more than a month
  • E3 visa: 2 months
  • F1 visa: A few days, comparatively shorter than the other visa application processes.
  • F2 visa: Few days to 2 weeks i.e. up to 14 days
  • J1 visa: 1 to 4 months
  • Q1 visa: 15 days to 3 months
  • M1 visa: 4 weeks on a minimum
  • B1 visa: Few weeks to 2 months
  • B2 visa: Similar to B1, this takes a duration of a couple of weeks to 2 months too.
  • H1B visa : 3 to 6 months
  • H1B1 visa: 4 to 6 months
  • H2A visa: Generally it takes no more than 120 days but as it is seasonal in nature, the time duration varies.
  • H3 visa: 4 to 6 weeks
  • H4 visa: As it is dependent on the H-type visa holder i.e. a spouse or parent, therefore the time duration depends on the time taken to process their visa.
  • L1 visa : 3 to 4 months
  • L2 visa: 15 days to 1 month
  • R1 visa: 8 to 9 months
  • P1 visa : 3 to 6 months
  • I visa: 10 days
  • O visa: 2 to 3 months
  • C visa: 5 working days
  • T visa: Being dependent on the applicant’s status and the evidence of deserving the visa they provide to the authorities, the duration varies.
  • U visa: 12 to 18 months

 

Applications facing refusal under Section 221(g) of the Immigration and Nationality Act (INA) pending further processing, can take up to 60 days the processing from the date of the visa interview. In certain situations, the processing might take more than 6 months.

 

Applicants who are required to apply for a waiver of ineligibility to obtain the visa should be aware that they might have to wait for up to 6 to 8 months from the date of their interview in order to get a reply.

 

It must be taken note that during cases of emergency, the State Department grants appointments and interview processing in an expedited time frame provided the U.S. embassy or consulate of the country of the applicant is well informed beforehand.

Immigration Attorney Bronx

USCIS Extends COVID-19-related Flexibilities.

The U.S. Citizenship and Immigration Services (USCIS) is extending some flexibilities regarding COVID-19 through October 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, the USCIS takes consideration of a response received within 60 calendar days after the due date ascribed in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:

Requests for Evidence;
– Continuations to Request Evidence (N-14);
– Notices of Intent to Deny;
– Notices of Intent to Revoke;
– Notices of Intent to Rescind;
– Notices of Intent to Terminate regional centers;
– Notices of Intent to Withdraw – Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Additionally, the USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision; USCIS laid down that decision between Nov. 1, 2021, and October 23, 2022, inclusive.
In an effort to take the lessons learned from the pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March 2020, will become permanent policy on July 25, 2022.

 

For more details refer USCIS website.

Immigration Attorney Long Island

The U.S. had announced an extension of 1.5 years for certain expiring work permits. What will it mean for the immigrants?

The government administration of the United States of America had established an extension of the expiration validity of the work permits. 

It had been decided that many of the Immigrants would have the allowance to use their expired work visas for the next 18 months i.e. a year and a half and the announcement was made on May 3rd, 2022, and had been put to effect from May 4th, 2022. 

 

The precise rules of the USCIS are that :

  • Immigrants with a 180-day extension and a work permit that is expired will gain an extension period for the authorization of Employment and the validity of their Employment Authorization Document (EAD)
  • Non-citizens still under the prior extension period of 180 days will be provided an extra sum of 360 days totaling up to 540 extended days will gain an extension for EAD validity.
  • Applicants with a valid EAD who applied for a renewal of the EAD will receive a 540-day extension period in case the renewal fails to process before the expiration of EAD.

 

For the immigrants, this is a boon, especially for the working Indian Immigrants looking for refuge in the country without any legal hindrance in their period of inhabitance and employment. Along with running their households and supporting their families sans any chances of instability. 

It will acknowledge the unprecedented immigrant applications submitted to the Legal Immigration agency of the country which will result in a lower shortage of labor and more work opportunities for the people. 

Therefore this visa program is most beneficial and alluring to the Indian and Chinese populations wishing to make their way in the United States. 

immigration attorney in queens

Films to watch to learn about American Immigration

The United States of America has historically harbored a rich history of Immigration since the old days. Inevitably, therefore, it has had various phases in the history of Immigration with spectacular stories in it or inspired by it. 

 

We agree that Gehi and Associates is a law firm specializing in Immigration and we share impeccably informative articles for you on a regular basis but even we lawyers believe we can make learning interesting for each of us once in a while! 

So here is a short list of some of the best, old films based on Immigration to paint a big screen representation of the extensive history of this nation and how Immigration has evolved over the years. 

 

  • I Remember Mama (1948) 

Based on a story close to an American’s heart, this movie is based on the tale of a family of immigrants, with dreams of a land of milk and honey instead, find a lean existence in their new country in the turn of a new century.  

 

  • Avalon (1990)

From a global perspective, this film was inspired by the director’s own background as the son of Russian-Jewish immigrants. Therefore there is a subtle picture of the culture clash between elders and the second generation; a whiff of the Holocaust, American Holiday celebrations and family unions. Sounds like quite a treat, we believe. 

 

  • Moscow On The Hudson (1984) 

Life is nothing but unforgiving in this stellar. Set in rural America, this immigrant story delineates a brutal picture of the hard lives of the people away from the big cities dealing with Immigration and migration. 

 

  • The Godfather Part II (1974)

A classic now that is, isn’t it? 

” I believe in America “, well this film in our opinion does not solely talk about the trail of establishing the business in the heart of this bustling country but how it was not money that had built his belief in this country but the very search for a home and the promise of nothing but one chance to its immigrants. 

 

  • An American Tail (1986)

” A young Russian mouse gets separated from his family during their migration trip to America. Being completely new to the country he lands in, will he be able to trace his family? “

And you thought we lawyers will exclusively stick to movies that trace the journey of Immigration of only humans? Animated movies are often not regarded with enough seriousness as much as it deserves to be. And we believe that it is the essence and not just the elements of the tales that matter to portray the message of a film. So this one is a must-watch for a better understanding but with its sweet share of innocence and entertainment. 

 

If you like this list, let us know and we will update more such lists to make learning more fun and Immigration more known to you all! 

 

Immigration Lawyer NYC

New development to improve the Afghan Special Immigrant Visa (SIV) Programme

The Department of State and the Department of Homeland Security of the U.S. have announced a development in the SIV Program aimed to streamline the application process for Afghan applicants.

From this week onwards, the new applicants can
– File only one form, a revised form DS-157, as their petition instead of filing the Form I-360, Petition for Special Immigrant Status, with DHS’s U.S. Citizenship and Immigration Services (USCIS).

In order to make the program more efficient, it is expected that this change will eradicate the hindrances for applicants and reduce the time required for the application processing. This change does not diminish any of the robust security vetting processes required before the benefit is processed and granted.

We believe it is one of the many steps the U.S. administration has taken to ameliorate the SIV process while protecting national security. Since the beginning of the processing, resources have thoroughly surged for this noteworthy program and every stage has been statutorily reviewed to process it swiftly wherever and however possible.