Although many of the government’s anti-immigration actions have been met with resistance by the courts, pundits, and the people, there has been an observable increased vetting in Green Card and Citizenship interviews. Immigration lawyers across the country have expressed concern over longer interviews, irrelevant questioning, and unnecessary requests for additional evidence.
Most recently, USCIS Field Offices have been asking during the interview for prior and current I-9 employment eligibility verification forms. Typically requested to determine benefit eligibility for noncitizens, I-9s are now being used to screen for false social security numbers or false claims of US citizenship. Because I-9s are maintained by employers, this increased scrutiny now adds another hurdle to the application process as applicants reach out to procure the documents. In instances where the I-9 is unavailable, applicants may consider submitting an explanatory statement as well as documented employment verification.
While USCIS officers are directed only to make requests for additional evidence when there is a valid and relevant reason for the request, applicants should be prepared for interviews with additional probing and longer application processing times.
As always, Dayzad Law will continue to monitor changes at USCIS to ensure that our clients are being adjudicated in a fair, legal, and timely manner.
A newly engaged couple came to our firm less than a year and a half ago hoping to find a way to be together legally in the United States. Kelly, born and raised in Los Angeles, wanted to marry Tony, a salesman from Morocco. They needed help navigating the complex immigration system. The couple met by chance via social media, as Kelly was in the market for a Moroccan rug, and Tony happened to be the salesman of choice. A casual conversation quickly turned into a budding romance. Kelly and Tony met in person and developed their strong relationship over time, and it was then they sought the assistance of our firm.
First, we successfully obtained a fiancé visa so that Tony could quickly be with his sweetie. Once Tony moved to the U.S. and the couple married, we helped obtain his green card. Now, they can live in happily together here in the U.S. without the weight of Tony’s immigration status hanging over their heads. It has been a pleasure to work with this couple and help them find security and happiness in the U.S. We look forward to helping many more couples like them!
As Pride month kicks off, we at Dayzad Law are thrilled to honor all of our clients whom we’ve worked with in the fight for equality and immigration. Nothing brings us more satisfaction than keeping families and loved ones united. While there is currently an estimated 267,000 undocumented LGBT individuals in the US, we are committed to make their rights to live and love our priority. This month (and every month), we are excited to join them in celebrating these rights and remembering that Love Always Wins!
It’s that time again! Charlie Oppenhiem of the Department of State has provided updates regarding the ever-changing and all-controlling visa bulletin. Charlie provided some key insights into the employment-based preference categories, as demand continues to increase for all employment-based categories.
Notably, EB-1 India and China now have final action cut-off dates, while EB-2 China and India number usage is restricted to their annual limits. This means visa availability for those two countries will continue to slow for the foreseeable future. Charlie hopes that the final action date for EB-1 China and India will return to current on October 1, but will continue to monitor the demand in these categories throughout the summer.
Meanwhile, EB-2 Worldwide will have a final action cut-off date by August, but hopefully this period of retrogression will be over and back to current by October 1. EB-3 Worldwide will advance by one month with the expectation that it will continue to advance in future. EB-3 India will continue to advance, as demand for EB-3 Mexico and EB-3 Worldwide remains low.
Ultimately, demand remains high across all Employment Based preference categories, causing cut off dates to be implemented in many of the high-demand categories. Dayzad Law will continue to monitor the visa bulletin and keep our clients up to date on the latest advances or retrogressions for each category.
In an effort to simplify the employment verification process for employers, USCIS has redesigned the E-Verify Client Account Management online platform. The new features include advanced search options, easy client account access for updates and enrollments, and an accessible online copy of the E-Verify Memorandum of Understanding.
In conjunction with these new steps, USCIS has published a supplemental guide that provides a comprehensive overview of the E-verify process and requirements.