Langar Law Firm

09/25/2020

Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media

#StudentVisa: New Proposed Rule "Establishing a Fixed Time Period of Admission and an #Extension of Stay Procedure for #Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media."
https://www.federalregister.gov/documents/2020/09/25/2020-20845/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant?fbclid=IwAR2EhTbQCl8BMjIc3hjvEfmVgiThI5q4sVlam4IIIkMMyJvbHXEqNM3HzXU

In fiscal year 2018, the Department of Homeland Security (DHS or the Department) admitted over 2 million foreign nationals into the United States in the F academic student, J exchange visitor, and I representatives of foreign information media nonimmigrant categories. This is a testament to the...

09/24/2020

#HappyEnding: My client and now a dear friend became a #USCitizen today.

This is the #Naturalization application that has been pending for more than 𝐅𝐎𝐔𝐑 𝐲𝐞𝐚𝐫𝐬.

When we first spoke about this case in June 2020, I advised him to immediately file #WritOfMandamus. Et voilà! He became a citizen four months later.

The U.S. has just became more prosperous--my friend speaks five languages, holds a PhD degree from a reputable university, works at a Fortune 500 company and simply a wonderful person.

#Immigration makes America great!

PS: Thank you for a wonderful dinner!

09/19/2020

Justice Ginsburg Hails Immigrants as the 'Vanguard' to Fight Discrimination in Speech to New Citizens

#RBG: “We are a nation made strong by [#Immigrants]: people who travelled long distances, overcame great obstacles and made tremendous sacrifices, all to provide a better life for themselves and their families.” Rest in Peace.

“We are a nation made strong by people like you," Ginsburg said

09/11/2020

AILA - USCIS Launches SAVE Initiative to Collect Information on Sponsor Deeming and Agency Reimbursement

#Sponsors: #USCIS launched a new initiative (#SAVE) directed at enforcing responsibilities of sponsors of aliens.
"If a sponsored alien receives a means-tested public benefit, the sponsor is responsible, upon request, for reimbursing the agency providing the benefit. An agency can seek a court order for repayment if a sponsor does not issue reimbursement." #AffidavitOfSupport #FormI864

https://www.aila.org/infonet/uscis-launches-save-initiative-to-collect

USCIS launched a new SAVE initiative asking agencies that administer federal means-tested benefits to share how they use sponsorship information in sponsor assessment and agency reimbursement processes, with the goal of helping agencies make eligibility determinations and hold sponsors accountable.

09/11/2020

Immigration agency cuts of 800 Kansas City jobs expected to trigger backlogs, delays nationwide | Kansas Reflector

#Furlough: "[T]he job cuts also more broadly could further delay the ability of USCIS to process #GreenCards, work authorizations and other immigration-related documents nationwide. "
https://kansasreflector.com/2020/09/10/immigration-agency-cuts-of-800-kansas-city-jobs-expected-to-trigger-backlogs-delays-nationwide/?fbclid=IwAR0y-VNjewjZXf1wgTmSnvITjmaLokjJiaF_ovWnTR8Bf8rQGZ5CxKir1OI

WASHINGTON — Members of Congress from the Kansas City region scored a victory last month when a federal immigration agency backed off plans that would have led to thousands of layoffs of government employees in the metro area. But their relief was short lived, as the agency now intends to furlough...

09/10/2020

Let's deliver some #GoodNews to a client. His #ImmigrantVisa case became documetarily qualified.

However, we had to call and explain him that what follows is a long wait time due to a #VisaBan. Unless the proclamations get resciended after November presidential elections, the client's immigrant visa interview will be scheduled only after January 2021. Such are the times!

09/09/2020

The Biden Plan for Securing Our Values as a Nation of Immigrants – Joe Biden for President: Official Campaign Website

#Immigration: Some aspects of the Biden immigration plan to be implemented in the first 100 days:
[1] End separation of parents from their children at the border;
[2] End Trump’s detrimental #Asylum policies;
[3] Reverse #PublicCharge rule;
[4] Protect #Dreamers and their families;
[5] Rescind travel and refugee bans.
https://joebiden.com/immigration/#

It is a moral failing and a national shame when a father and his baby daughter drown seeking our shores. When children are locked away in overcrowded detention centers and the government seeks to keep them there indefinitely. When our government argues in court against giving those children toothbru...

09/09/2020

This case took more time than usual. But it is ready now and we will be mailing it with the USPS Priority Mail today.

09/09/2020

#Approval: Today we received a Receipt Notice with a record-fast approval of #FormI130.

We made a post about this approval a few weeks ago. For those who missed it, here is a short summary.

#LangarLaw submitted Form I-130 for a child of a U.S. citizen. The petition was approved in 𝟒𝟖 𝐜𝐚𝐥𝐞𝐧𝐝𝐚𝐫 𝐝𝐚𝐲𝐬 (including #NVC case creation).

This is the fastest approval in years! Results will vary!

09/05/2020

#DVLawsuit: Excerpt from Judge Amit P. Mehta's decision today in Gomez v. Trump:
#NoVisaBan #DVLottery

09/04/2020

BREAKING: DC Judge Shields Diversity Visa Winners From Ban - Law360

#Breaking: Judge Amit P. Mehta said the federal government had "unreasonably delayed processing" of green cards won by a group of lottery winners and their relatives, who had found themselves unable to secure visas to move to the U.S. under President Donald Trump's visa restrictions.

The judge ordered the federal government to "undertake good-faith efforts" to "expeditiously process and adjudicate" their green card applications by Sept. 30, the end of the government's fiscal year.

https://www.law360.com/immigration/articles/1307817

A D.C. federal judge on Friday temporarily barred the Trump administration from applying its visa ban to foreign citizens who won green cards in the Diversity Visa lottery, finding that the U.S. Department of State's refusal to process their visas is likely illegal.

09/04/2020

#FilingTips: Please use black ink when filling out #Immigration forms.

#FilingTipFriday: If you're paper-filing a form and want to write your answers by hand, use black ink. Do not use blue, red, green or any other color ink pens. Make sure your entries are neat, your handwriting is legible, and your answers fit within the space provided. https://www.uscis.gov/forms-filing-tips

09/01/2020

#Approval: #FormI130 submitted on behalf of my client (U.S. citizen) for his child in #Uzbekistan was approved in 𝟒𝟖 𝐜𝐚𝐥𝐞𝐧𝐝𝐚𝐫 𝐝𝐚𝐲𝐬, with #NVC case creation.

Timeline:
- July 14, 2020: we submitted From I-130;
- August 31, 2020: we received #ImmigrantVisa case creation notice, with Case and Invoice ID number.

This is the fastest approval in years! Results will vary!

08/26/2020

Federal court strikes down service requirement policy blocking citizenship path

U.S. District Judge Ellen Huvelle: “The United States has a long history of allowing #noncitizens to serve in its military and providing those who serve with an expedited path to #citizenship. But in recent years, despite its need for noncitizen enlistees to fill its ranks, the Department of Defense ... had placed obstacles in that path to citizenship.”

A federal court has struck down a Pentagon policy requiring immigrant troops to serve for six months to a year before they are eligible for expedited citizenship.

08/25/2020

AILA - Rescission of Furlough Threats Is an Important First Step in Holding USCIS Accountable

#NoFurlough: #USCIS will cancel the furlough that was scheduled to begin on August 30, 2020 as a result of "unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.”

AILA Director of Government Relations Sharvari Dalal-Dheini and AILA President Jennifer Minear respond to USCIS’s announcement that it will cancel its planned furlough of over 13,000 employees.

08/22/2020

AILA - USCIS Says Employees Can Use Form I-797 for Form I-9 Verification During EAD Production Delays

#EAD: Employees may use Form I-797, Notice of Action (issued between 12/1/19 through 8/20/20) as a temporary verification of employment.

"[E]mployees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for #EmploymentAuthorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C #7 document that establishes employment authorization issued by the Department of Homeland Security pursuant to 8 C.F.R. 274a.2(b)(1)(v)(C)(7), even though the Notice states it is not evidence of employment authorization. Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020."

https://www.aila.org/infonet/uscis-says-employees-can-use-form-i-797-for-form

USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a notice date on or after 12/1/19 through 8/20/20 informing approval of an Application for Employment Authorization (Form I-765) as a list C #7 document for Form I-9 compliance until 12/1/20.

08/20/2020

#Mandamus: My client's #Naturalization application has been pending for more than 𝐅𝐎𝐔𝐑 𝐲𝐞𝐚𝐫𝐬 (𝟏,𝟔𝟑𝟒 𝐝𝐚𝐲𝐬, to be specific). During the consultation, I advised him to immediately file #WritOfMandamus. A mandamus is a petition filed to force the government to take action on a petition that has been collecting dust for years.

I prepared a draft mandamus and enclosed it to a letter addressed to the Field Office. The letter was basically a notice of intent to sue the government. And voila!

My client's naturalization interview is scheduled for the next week.

08/14/2020

The Hamilton Mixtape: Immigrants (We Get The Job Done)

Let's finish Friday with this beautiful beat:

Look how far I come,
Look how far I come,
Look how far I come,
#Immigrants, we get the job done!

https://www.youtube.com/watch?v=6_35a7sn6ds

Official music video for Immigrants (We Get The Job Done) by K'naan featuring Residente, Riz MC & Snow Tha Product Donate $10 to Lin-Manuel’s Immigrants: We ...

08/14/2020

Dozens of immigrants in Elko area suffer after postal worker accused of intentionally discarding immigration documents

#USPS: "A letter dated June 2020 from the Office of the Inspector General addressed to the senator’s office explains an investigation had already been underway and determined that a postal office employee had 𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧𝐚𝐥𝐥𝐲 𝐝𝐢𝐬𝐜𝐚𝐫𝐝𝐞𝐝 the missing federal #immigration documents.

The accused employee [...] was immediately removed from the workplace and the case was picked up by the U.S. Attorney’s Office for the District of Utah, for prosecution. The employee has been indicted on two counts of delay or destruction of mail [...]."
https://thenevadaindependent.com/article/immigrants-in-elko-area-suffer-after-postal-worker-intentionally-discards-immigration-documents

A letter dated June 2020 from the Office of the Inspector General addressed to the senator’s office explains an investigation had already been underway and determined that a postal office employee in Salt Lake City had intentionally discarded the missing federal immigration documents.

08/13/2020

Why immigration is good for American workers and their employers

"In the country’s — and the world’s — most important tech hub, 64% of engineers are foreign-born. Indeed, more than half of U.S. startup “unicorns” have at least one immigrant co-founder. And immigrants overall account for nearly half of the U.S. workforce with a science or engineering doctorate, including 60% of workers in computer and mathematical sciences."

https://www.usatoday.com/story/opinion/2020/08/13/how-immigration-helps-make-american-workers-businesses-thrive-column/3317897001/

The economics are clear: Businesses and workers benefit greatly from America’s global reputation as the best place on earth to make dreams come true.

08/13/2020

Trump administration can enforce green card wealth test in most states, court rules

#PublicCharge: Monstrous #FormI944 is back, except for New York, Connecticut and Vermont.

Yesterday a federal appellate court partially set aside last month's ruling from a NY federal judge, who ruled the public charge test was hindering nationwide efforts to contain the coronavirus by discouraging #immigrants from requesting public assistance during the pandemic.

https://www.cbsnews.com/news/immigration-news-trump-administration-public-charge-rule-green-card-wealth-test/

The "public charge" rule gives officials more power to deny green cards to applicants found to rely — or be at risk of relying — on government assistance.

08/05/2020

USCIS Must Print Foreign Citizens' Delayed Work Permits - Law360

#EAD: Ohio Federal Judge Algenon L. Marbley: #USCIS must print #EADcards for foreign citizens 𝐰𝐢𝐭𝐡𝐢𝐧 𝐬𝐞𝐯𝐞𝐧 𝐝𝐚𝐲𝐬.

Just because no statute dictates exactly when the USCIS should provide #EmploymentAuthorization cards does not mean the agency can take as long as it wants. Voilà!

https://www.law360.com/articles/1298103/uscis-must-print-foreign-citizens-delayed-work-permits

U.S. Citizenship and Immigration Service must print work permit cards for foreign citizens with approval to work in the country within seven days, an Ohio federal judge said while granting a temporary restraining order to a putative class of prospective workers Monday.

08/03/2020

Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers | The White House

#H1B: "Sec. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and #HomelandSecurity shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of #H1Bvisa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)
(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1))."

https://www.whitehouse.gov/presidential-actions/executive-order-aligning-federal-contracting-hiring-practices-interests-american-workers/

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. P

07/31/2020

US to raise naturalization application fees by $500

#FilingFee: #USCIS increased the cost of online #Naturalization applications by $520. It went from $640 to $1,160. This is more than 81% incease.

Request for a Hearing on a Decision in Naturalization Proceedings (N-336): 146% increase, went from $700 to $1,725;

https://www.cnn.com/2020/07/31/politics/uscis-new-fees/index.html?fbclid=IwAR3aE03JKYpEuhctbqGEXhXSnWWZ7WJDdismvQYxQV7V6bpIUj2wpjj8J1E

The Trump administration is dramatically increasing fees for dozens of immigration and work applications, including a more than 80 percent increase on naturalization applications and a first-time fee for asylum applicants.

07/30/2020

#LangarLaw website is getting some updates.

Huge thanks to BoschStudios Photography (photo) and Марко Васић (website)!

07/29/2020

Federal judge blocks Trump immigration 'public charge' rule due to pandemic

#Breaking: "Judge George Daniels of the U.S. District Court for the Southern District of New York issued a nationwide injunction stopping the administration from enforcing the #PublicCharge requirements, citing the urgency of the coronavirus pandemic."
https://thehill.com/latino/509706-federal-judge-blocks-trump-immigration-public-charge-rule-due-to-pandemic

The Trump administration's controversial "public charge" rule linking immigrants’ legal status to their use of public benefits on Wednesday was blocked by a federal judge.

07/29/2020

AILA - CIS Ombudsman Provides Update on Card Production Delays at USCIS

#GreenCard: USCIS #Ombudsman is assisting individuals whose applications have been approved but whose #PermanentResident cards have not yet been produced.

Individuals experiencing a delay in receiving their documents from the #USCIS can submit a request a case assistance with the Ombudsman.
https://www.aila.org/infonet/cis-ombudsman-provides-update-on-card-production

The CIS Ombudsman’s Office provided an update regarding card production delays at USCIS, which are expected to continue for the foreseeable future. The Ombudsman’s Office is assisting individuals by sending weekly spreadsheets to USCIS to verify card requests are in line to be processed.

07/28/2020

#Approval: Time to deliver some good news to a client in Maryland.

His #EAD and #AdvanceParole application was approved in five months. Results will vary!