The Immigration Answer Man - Ari Sauer

11/17/2021

Our annual Siskind Susser - Immigration Lawyers law firm staff Thanksgiving potluck, at Shelby Farms Park.

11/11/2021

A settlement in the Shergill, et al. v. Mayorkas litigation has resulted in two major developments that will help many H-4 and L-2 spouses suffering from extremely long EAD processing times.

First: H-4 nonimmigrants (spouses of H-1Bs) whose EADs expire before their H-4 status. If they file to renew their EAD before expiration of their current EAD, they will now benefit from an automatic extension of the current EAD while waiting for the new one. This automatic extension will be either for 180 days beyond the current EAD’s expiration, or to the end of their H-4 status, whichever is earlier.

This change does not affect initial H-4 EADs, nor H-4 EAD renewals where the current EAD is already valid until the end of the current H-4 status.

Within 120 days from today, USCIS will amend the receipt notice currently issued to H-4 EAD applicants to detail the EAD auto-extension.

Second, USCIS will issue guidance to confirm that L-2 spouses are employment authorized “incident to status” (in other words, automatically, without the need for an EAD). The Form I-94 will be changed within 120 days from today to specifically indicate an individual is an L-2 spouse, so that the I-94 can be used for I-9 employment verification purposes. Until that occurs, L-2 spouses will also be able to take advantage of a 180-day automatic extension of their L-2 EAD under the same conditions described above for H-4 nonimmigrants.

USCIS will be issuing further guidance to employers and benefit granting agencies to instruct how to complete I-9 employment verification for L-2s without EADs given these new developments.

10/18/2021

The November 2021 DOS Visa Bulletin is available. The November bulletin does not take affect until November 1st. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-november-2021.html

This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

11/20/2020

The December 2020 DOS Visa Bulletin has been published. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-december-2020.html

This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

09/03/2020

K-1 FIANCE VISAS: The DOS announced this week that, as consular operations resume, posts are authorized to give K visa cases high priority. This is important because the DOS had previously told their consular officers to not treat K-1 cases as a priority. The new guidance issued to the consular officers lets them know that they may revalidate the I-129 petition in four-month increments. For most cases impacted by suspension of visa services, it will not be necessary to file a new I-129 petition.

09/03/2020

Attorneys Greg Siskind and Ari Sauer with our weekly immigration law update and Q&A session. If you would like to discuss your immigration issue further I am available for consultation appointments.

08/26/2020

Weekly immigration law update with Siskind Susser attorneys Lily S. Axelrod, Immigration Attorney / Abogada de Inmigración and The Immigration Answer Man - Ari Sauer

08/24/2020

TRAVEL RESTRICTIONS AT LAND PORTS OF ENTRY FROM CANADA AND MEXICO: CBP has announced that certain travel restrictions at land ports of entry from Canada and Mexico are being extended through September 21, 2020. While these restrictions are in place, travel through the land ports of entry and ferry terminals along the US border with Canada and Mexico will be limited to “essential travel” which includes, but is not limited to: “• U.S. citizens and lawful permanent residents returning to the United States; • Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States); • Individuals traveling to attend educational institutions; • Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Mexico in furtherance of such work); • Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies); • Individuals engaged in lawful crossborder trade (e.g., truck drivers supporting the movement of cargo between the United States and Mexico); • Individuals engaged in official government travel or diplomatic travel; • Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and • Individuals engaged in military related travel or operations.” These restrictions do not apply to air, freight rail, or sea travel between the US and Canada or Mexico. But these restrictions do apply to vehicle and pedestrian travel, as well as passenger rail, passenger ferry travel, and pleasure boat travel between the US and Canada or Mexico.

08/24/2020

DACA: USCIS has issued a new memo with guidance on how they will be treating DACA cases. USCIS will continue accepting DACA applications from applicants who have previously been granted DACA. USCIS will not accept initial applications from applicants who have not previously been granted DACA. If you have already filed an initial DACA application with USCIS which has not already been adjudicated, and you have not had DACA in the past, USCIS will return your application to you, including the filing fee. USCIS will no longer be accepting applications for renewal/extension of DACA that are filed more than 150 days prior to the expiration date of the current DACA status/EAD. USCIS will now only be issuing renewals/extension of DACA status/EAD with one-year validity, instead of a two-year validity. If you have filed an application for DACA advance parole, your application will be returned to you, including the filing fee. It will be possible to apply/reapply for DACA Advance Parole, but the previous standard for DACA advance parole is no longer applicable. USCIS will not be applying a much stricter standard only for "urgent humanitarian reasons or significant public benefit." The memo seems to be saying that DACA Advance Parole will now only be granted in "exceptional circumstances." The memo gives examples of such "exceptional circumstances" including: travel to support the national security interests of the US including military interests; travel in furtherance of US federal law enforcement interests; travel to obtain life-sustaining medical treatment that is not otherwise available to the alien in the US; and travel needed to support the immediate safety, well-being, or care of an immediate relative, particularly minor children of the alien. So it is possible to obtain a DACA AP, but I predict that USCIS approval of applications for DACA AP will be rare.

08/24/2020

FB LIVE Q&A: Tomorrow night (Tuesday 8/25/2020) on our firm's Siskind Susser - Immigration Lawyers FB page, Lily S. Axelrod, Immigration Attorney / Abogada de Inmigración and I will be hosting a live Question and Answer session about the latest immigration news.
Lily's practice focuses on removal (deportation) defense, waivers for people with criminal histories, and humanitarian cases. My practice focuses on employment-based immigration and complex family-based cases.
Have a high priority question? Use this link to sign-up and submit your question in advance. https://lp.constantcontactpages.com/su/my2DmV2/questionandanswersession

Sign Up Here!

08/19/2020

VISA BULLETIN: The September 2020 Visa Bulletin is now available for view: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-september-2020.html

This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

07/17/2020

DACA and DACA Advance Parole: Great news! The Court has issued an order requiring USCIS to accept DACA applications for all qualified applicants, even if they have not had DACA before. Also the order seems to require them to accept applications for Advance Parole for those with DACA as well. The Administration can still act to cancel DACA again at some point, so applications for DACA and for DACA Advance Parole should be filed ASAP.

07/16/2020

TRAVEL BAN: Some good news! The DOS has issued some additional guidance on who is eligible for exceptions to the travel ban from the June 22, 2020 Presidential Executive Order. Included in the guidance, it says that the spouse and children who are coming to the US to join a J-1, L-1, H-1B or H-2B spouse or parent who is already in the US can be eligible for an exception to the ban so that they can obtain a J-2, L-2, or H-4 visa. You can read the full update on the DOS website here: https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html

Meeting between the American Immigration Lawyers Association (AILA) Department of State Liaison Committee and the Visa Office of the U.S. Department of State, Bureau of Consular Affairs

07/13/2020

Join me and my colleagues tomorrow night for a Zoom call that will be taking a deep dive into O-1 Visas! I will be posting to my FB page for anyone who can't access the actual Zoom call. Have a question? Click the link and sign-up! After you've signed up, you'll get a link to submit your question!

Siskind Susser will be having a quick weekly zoom call to discuss immigration legislation and agency guidance, starting on Tuesday, May 26th. Priority will be given to questions submitted in advance. Topics will differ weekly. July 14th: O-1 Visas: A Deep Dive—sign up here.   Previous Topics   P...

07/08/2020

TRAVEL AND VISA BAN: Attorney Greg Siskind and I talking about options and strategies for those affected by the various current U.S. immigration travel bans.

07/07/2020

F-1 STUDENTS: Attorneys from my firm explain upcoming changed just announced by ICE which affect those currently in F-1 student status or who are planning on attending school in the fall in the US on F-1 student visas.

07/01/2020

President Trump's immigration policies are chasing tech talent away from the U.S. Our neighbors to the north are happy to welcome them in.

06/28/2020

I-9 UPDATE: DHS has extended flexibility for Form I-9 Requirements for employers and workplaces that are operating entirely remotely during the COVID-19 virus epidemic. These employers may continue to follow the DHS news release that announced flexibility in requirements related to Form I-9.
Employers should see the Form I-9 Examples Related to Temporary COVID-19 Policies page for examples showing how DHS recommends you notate Form I-9 when remotely inspecting employment authorization and identity documents, and how to perform the required physical inspection once normal operations resume.

Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence.

06/26/2020

My firm's weekly zoom chat next Tuesday will be about immigration issues for physicians.

Siskind Susser will be having a quick weekly zoom call to discuss immigration legislation and agency guidance, starting on Tuesday, May 26th. Priority will be given to questions submitted in advance. Topics will differ weekly. June 23rd: DACA/employment-based green cards for DACA beneficiaries—sig...

06/24/2020

Some of the attorneys from my firm, including Greg Siskind, Elissa Taub, and myself answer give an overview and answer questions about the 6/22/2020 Executive Order temporarily banning entry into the US on certain nonimmigrant visas and extending the 4/22/2020 ban on the issuance of certain Immigrant Visas.

06/19/2020

Adam Cohen, Esq. of Siskind Susser PC breaks down the following recent academic and healthcare immigration updates: -DACA survives . . . for now! -Rescission...

06/18/2020

DACA: The US Supreme Court decision on the order to end the DACA program came out. The DACA program remains in place for now. It is a very long decision and we are still going through it. But the short explanation is that the Court determined that the Administration failed to properly follow procedural requirements in revoking DACA.https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

06/15/2020

Siskind Susser will be having a quick weekly zoom call to discuss immigration legislation and agency guidance, starting on Tuesday, May 26th. Priority will be given to questions submitted in advance. Topics will differ weekly. June 16th: Daca Hot To

06/12/2020

H-1B: ICE has issued a reminder that being chosen in the H-1B Cap Lottery does not grant a student in F-1 status the Cap-Gap Extension of status. In order to receive the Cap-Gap Extension, their H-1B Petition must be filed with USCIS prior to the expiration of their F-1 status (and to receive an extension of an OPT EAD the Petition must be filed before the expiration of the EAD). Those already chosen in the lottery and those who may be chosen in the lottery between now and the end of September are notified that they must file their Petition within 90 days of being notified.

06/10/2020

Attorney Lily Axelrod, from my office, talking about what to expect for in-person interviews at USCIS now that USCIS has once again begun resuming in person interviews.

06/09/2020

Given rumors we are hearing from pretty good sources, if you’re on an H-1B, J-1 or L-1 visa and are outside the US, you should try and reenter the US quickly.

06/08/2020

Siskind Susser will be having a quick weekly zoom call to discuss immigration legislation and agency guidance, starting on Tuesday, May 26th. Priority will be given to questions submitted in advance. Topics will differ weekly.   June 9th: Student Visa Hot Topics—sign up here June 16th: Daca Hot T...

06/03/2020

"Quiero participar en manifestaciones, pero me preocupa mi estatus de inmigración."

Hoy a las 3 de la tarde (hora central), estaré aquí en facebook live en español, explicando sus derechos de protesta y como minimizar el riesgo a su estatus de inmigración.

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"I want to participate in protests, but I'm worried about my immigration status."

Today at 3 pm central, I'll be here on Facebook live in Spanish, explaining your right to protest and how to minimize risk to your immigration status.

05/28/2020

USCIS has announced that they will resume doing in-person interviews for application and also will resume having naturalization oath ceremonies starting June 4th.

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.

05/20/2020

Siskind Susser's Physician Immigration Team will be providing free weekly legislative and agency updates that affect physicians via Zoom beginning on May 26th at 7pm central. Space is limited to 100 registrants for the 1st seminar (thought that might be expanded, if necessary). The seminar is open to physicians, recruiters, and employers. Please use this link to register for the seminar: https://qoo.ly/363n2s. We hope you can join us!

The Siskind Susser physician immigration team will be having a quick weekly zoom call to discuss immigration legislation and agency guidance, starting on Tuesday, May 26th. Priority will be given to questions submitted in advance. Click HERE to sign

05/12/2020

Answering the question: What happens if the USCIS officer does not have my whole file at the time of my green card interview?

QUESTION: I am a US citizen. I filed an I-130 Petition for Alien Relative for my mother, and then separately filed an I-485 Application to Adjust Status green card application for her. She was inte…

05/08/2020

AILA MEMBERS: I am running to serve again on the Board of Governors of the American Immigration Lawyers Association (AILA). I appreciate all AILA members taking the time to vote for me for one of the Elected Director positions. Ballots were emailed out to all AILA members today.

04/21/2020

At 10:06 eastern time last night, the President casually tweeted perhaps the most controversial statement of his presidency (which is saying a lot) – In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GR

03/20/2020

H-1B LOTTERY REMINDER: Registration for the H-1B cap lottery for this year is closing in an hour and a half (12:00 pm ET). So if you were planning on sponsoring someone for an H-1B under the lottery, and you have not yet registered for the lottery, you need to do it before then. [If an employer is "cap-exempt" you do not have to worry about this.]

03/19/2020

I enjoyed speaking today on a panel on "Updates and Hot Topics in Family-Based Adjustment of Status Cases" for the American Immigration Lawyers Association. I was honored to be on the panel with fellow immigration law experts Jay Gairson and Aleksandr Troyb. For any immigration lawyers who weren't able to attend the webinar, you can still order the recording: https://agora.aila.org/product/detail/4203

In light of numerous policy updates, decreasing access to USCIS district offices, and lengthy processing times, our panel of experts will provide practical tips and innovative solutions to guide your family-based clients smoothly and successfully through the adjustment of status process.

03/18/2020

USCIS has announced that they are cancelling interviews at least through April 1st.

The move will postpone naturalization ceremonies and citizenship and asylum interviews, among other functions.

03/15/2020

A few weeks ago, my firm created an app that helps people figure out if they're subject to the multiple travel bans. We updated the app to include coronavirus travel bans. https://community.lawyer/cl/gsiskind/travel-ban-advisor. Our firm has also created a blog at coronavirus-immigration.com to help people know what's happening in the immigration system related to the health emergency.

This app helps people figure out if any of the in force travel bans affect them. | Federal / National | Immigration - Benefits for immigrants

03/03/2020

We are pleased to announce the latest edition of Siskind's Immigration Bulletin is now available. The bulletin is our firm's monthly newsletter, in which we highlight all of the latest news in the world of immigration law. Click on the link below to view the February SIB.
http://www.visalaw.com/siskinds-immigration-bulletin-february-2020/