Why did the Administration create this process?
DHS must ensure its immigration enforcement resources are focused on the removal of those who constitute our highest priorities, specifically individuals who pose a threat to public safety such as criminal aliens and national security threats, as well as repeat immigration law violators and recent border entrants. In fact, the expenditure of resources on cases that fall outside our enforcement priorities hinders our public safety mission by clogging immigration court dockets and diverting resources away from individuals who constitute our highest priorities. Although DHS has been successful in focusing its enforcement resources on criminal aliens, repeat violators, border entrants and
other priorities, this process further strengthens these efforts.

How does this process enhance border security?
As part of the Obama Administration’s historic approach along the Southwest Border, Immigration and Customs Enforcement (ICE) has partnered with Customs and Border Protection (CBP) to further enhance efforts to prevent illicit trade and travel across our borders. This partnership includes the dedication of ICE officers, agents, and detention facilities to the apprehension and detention of recent border crossers. The historic results achieved along the Southwest Border are attributable, in part, to this unprecedented partnership. This process will allow DHS to further enhance this partnership by freeing up additional ICE resources that will be dedicated to the Southwest Border.

How will this process help DHS effectuate its other priorities?
This process is designed to allow immigration and federal judges to more swiftly adjudicate high priority cases and free up additional resources that DHS and DOJ will dedicate to further enhancing the identification and removal of those individuals who pose a threat to public safety. In part, the process will accomplish this by identifying and accelerating the removal of high priority aliens from the United
States. The process will also identify very low priority cases and, on a case-by-case basis, set those cases aside to allow for additional resources to be focused on high priority aliens.

Does the process constitute administrative amnesty?
No. This process is simply smart law enforcement policy that will help DHS and DOJ effectuate their priorities and make effective use of our immigration enforcement resources. This process will not result in a reduction in immigration enforcement. Rather, it will increase the number of criminal aliens and repeat immigration violators removed from the country and further focus our immigration enforcement
efforts on the highest priority cases.

Does the process represent an abdication of DHS’s responsibility to enforce the immigration laws?
No. For decades, DHS, and previously INS, has exercised prosecutorial discretion in order to prioritize the use of its immigration enforcement resources. This process ensures that DHS and DOJ are using their immigration resources in a smart and effective manner. Over the past two years, DHS has demonstrated that the use of priorities does not limit immigration enforcement, but rather strengthens
it.

Will the process result in permanent lawful status for beneficiaries?
No. The exercise of prosecutorial discretion through this process would not provide an individual with permanent lawful status.

What is the role of DOJ in the process?
DOJ’s role in the removal process is to adjudicate removal cases through the Executive Office for Immigration Review and to litigate removal cases in the federal courts through the Office of Immigration Litigation. DOJ will participate in the interagency working group that will identify high priority removal cases that should be accelerated. DOJ will also participate in the process that will consider very low
priority cases for an exercise of prosecutorial discretion on a case-by-case basis at the various stages of enforcement proceedings, including those cases pending before immigration courts and federal courts.

Will beneficiaries of an exercise of prosecutorial discretion automatically receive work authorization?
No. Nothing about this process is automatic and nobody who goes through this process is automatically entitled to work authorization. Per longstanding federal law, individuals affected by an exercise of prosecutorial discretion will be able to request work authorization, including paying associated fees, and their requests will be separately considered by USCIS on a case-by-case basis.

How will the process help DHS and DOJ focus increased resources on high priority cases?
The process will save resources as a result of exercising prosecutorial discretion. DHS will devote these resources to more expeditiously pursuing the removal of threats to public safety and border security. In addition, by better prioritizing the dockets of immigration and federal courts, the courts will be able to more swiftly adjudicate cases.

Is the process consistent with the President and Secretary’s statements that no population of individuals will receive categorical administrative relief?
Yes. DHS will not provide categorical relief to any population, including those that would have qualified under the DREAM Act. Instead, each determination will be made on a case-by-case basis. All decisions will be based on the June 17, 2011 Prosecutorial Discretion memorandum as implemented by the working group.

How much will be saved through this process?
Closure of these cases will allow for additional resources to be dedicated to enforcement priorities. Outside estimates suggest that the United States spends over $23,000 to formally remove an alien. By redirecting these expenditures, more resources can be utilized to identify and remove public safety threats or individuals who repeatedly violate our immigration laws.

Will removal proceedings or removals be halted while the interagency working group completes its
review?
No. DHS will continue to enforce immigration laws. ICE attorneys and agents, however, will be tasked to review each case prior to the expenditure of resources to determine whether it is a priority case as defined in the June 30, 2010 Civil Enforcement Priorities memorandum and the June 17, 2011 Prosecutorial Discretion memorandum. Removals will continue while the working group undertakes its
review.

Can individuals affirmatively apply for an exercise of discretion through this process?

No. This process does not involve the creation of an affirmative application process, although, consistent with longstanding practice, individuals in removal proceedings and their representatives remain free to submit information relevant to their case to the appropriate ICE field offices or attorneys. Any attorney or representative who purports to be able to secure an individual relief through an
affirmative application to ICE or DOJ as part of this process is engaged in a scam and should be reported to the relevant authorities at DOJ, the Federal Trade Commission (FTC), or DHS. More information on the recently launched DHS-DOJ-FTC effort to combat immigration services scams is available here.

Does an individual have a right to appeal a determination made pursuant to this process that his or her case is not appropriate for an exercise of discretion?
No. This process does not create any right, substantive or procedural, enforceable in any administrative, civil, or criminal proceeding for individuals whose cases are reviewed as part of the process. As a result, individuals have no right to appeal a determination made pursuant to this process.

Does this process apply to cases involving immigration-related criminal offenses that are prosecuted
in federal court?
No. This process does not apply to decisions about whether to initiate or continue prosecutions of individuals charged with immigration-related criminal offenses in federal court, including individuals charged under 8 U.S.C. § 1325 and § 1326.

Does this process apply to individuals apprehended at the border?
No. As DHS has long made clear, we will continue to enforce a zero tolerance policy for individuals apprehended at the border. Accordingly, the working group’s review will not include recent border crossers.

When will the working group complete its review?
An interagency working group consisting of representatives from DHS and DOJ is now working to define the method for the review. The review is expected to begin in the coming months. In the interim, ICE and DOJ agents, officers, and attorneys continue to exercise discretion, as they always have, in accordance with existing enforcement priorities as defined in the June 17, 2011 Prosecutorial Discretion memorandum.

Does the implementation of the process mean that only individuals with criminal convictions will be
removed?
No. Many individuals who have violated civil immigration law but lack a criminal conviction are a DHS priority for removal from the United States. This process is designed to free up additional resources to process and remove high priority cases. DHS priorities include threats to public safety and national security, repeat violators of immigration law, recent illegal border entrants, and immigration fugitives.

Should unlawfully present individuals who do not consider themselves high priority cases voluntarily surrender to ICE to avail themselves of this process?

No. Any individual who self surrenders due to a belief that they will benefit from an exercise of discretion is very likely to be placed in removal proceedings and runs a serious risk that they will be removed from the United States. Nothing in this process creates a right or an entitlement to any person regardless of their individual circumstances.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

News Release

ETA News Release: [09/22/2011]
Contact Name: Dave Roberts or Sonia Melendez
Phone Number: (202) 693-5945 or x4672
Release Number: 11-1404-NAT

Delay avoids administering the H-2B program under potentially conflicting court orders

WASHINGTON — The U.S. Department of Labor’s Employment and Training Administration today announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the temporary nonagricultural employment H-2B program. The delay will permit the various courts involved in ongoing litigation surrounding the implementation of the rule to determine the appropriate venue for the resolution of all claims and allow the department to avoid the possibility of administering the H-2B program under potentially conflicting court orders.

In consideration of these pending challenges, the department determined under Section 705 of the Administrative Procedure Act that the interest of justice would be served by postponing the effective date of the rule from Sept. 30, 2011, until Nov. 30, 2011. A Federal Register notice to that effect will be published next week.

The H-2B program allows the entry of foreign workers into the U.S. when qualified U.S. workers are not available and the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The H-2B program is limited by law to a cap of 66,000 visas per year.

The department published a final rule on Jan. 19, 2011, that revised the wage methodology for the H-2B program and set the effective date of the wage rule as Jan. 1, 2012.  On June 16, 2011, in response to a challenge, the U.S. District Court for the Eastern District of Pennsylvania invalidated that date and ordered the department to announce a new effective date within 45 days.

In response to that court’s order, the department issued a notice of proposed rulemaking on June 28, 2011, which proposed that the wage rule take effect 60 days from the date of publication of a final rule. After a period of public comment, the department published a final rule on Aug. 1, 2011, which set the new effective date for the wage rule as Sept. 30, 2011, without altering the substance of the rule.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Press Release from USCIS

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.

On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.

“Providing immigration protection to victims of crime and their families while aiding law enforcement efforts to bring criminals to justice is of the utmost importance to the Agency and the public we serve,” said USCIS Director Alejandro Mayorkas.

Due in large part to public education and partnerships forged with law enforcement agencies and service providers, USCIS reached the statutory maximum of 10,000 U-visas per fiscal year for the second year in a row since it began approving petitions for them in 2008. It is a significant milestone for the program created by Congress to strengthen law enforcement’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while at the same time offering protection to victims of such crimes. More than 45,000 victims and their immediate family members have received U-visas since the implementation of this program.

As part of this effort, USCIS adjudications officers have traveled to 30 cities, including Boston, Philadelphia, Seattle and Los Angeles to train federal, state and local law enforcement and immigrant-serving organizations on immigration protections available to immigrants who are victims of human trafficking, domestic violence and other crimes.

USCIS will continue to accept and adjudicate new U-visa petitions, and will resume issuing U-visas on Oct. 1, 2011, the first day of fiscal year 2012.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

An EB1B is an immigrant visa in the EB1 category that is reserved for outstanding foreign professors and researchers. Eligibility is based on i) entering the accept a specific tenure track teaching position at an institution of higher learning or a permanent research position at a research organization, ii) having 3 years of experience teaching or researching in the field, iii) being recognized as “outstanding” in the field, and iv) if the employer is a private institution, the institution must prove employment of at least 3 researchers and document accomplishments in the field.

>>Read More

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

September 6, 2011  PM-602-0048
Policy Memorandum
SUBJECT: Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining
Age 21;
        Revisions to Adjudicator’s Field Manual (AFM) Chapter 21.14 (AFM Update
AD07-02)
Purpose
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services
(USCIS) officers regarding an amendment to the Immigration and Nationality Act (Act) that
provides for continued eligibility for certain individuals to file a VAWA self-petition as a child
after attaining age 21, but before attaining age 25.  The guidance contained in this PM is
effective immediately and in advance of regulatory amendments.

PM_VAWA_090211-above21

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Hasan & Shah

Congratulations to the Shah Peerally Law  team for getting an approval on a difficult I-751 (removal of conditional of residence) waiver – based on a messy divorce…Special thanks to Sony Kaur in our office for handling this case with utmost care under Shah’s supervision. Note that this case involved threats and abuses by the US citizen spouse…another situation like Shattered Freedom -www.Peerallylaw.com.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com