Posts Tagged ‘News’

Arizona planning to deny Citizenship to some US born children!

When is this folly going to stop? We need to take a stand…right now….other states are trying to follow this non sense. We are in the USA – the “Land of the Free because of the Brave!” Immigrants and non immigrants please be “Brave” so that we keep this “Land of the Free!”

See NewYork Times Article

Shah Peerally
Managing Attorney
Shah Peerally Law Group PC

http://peerallylaw.com/

http://immigrationlegalblog.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

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New Fees from Department of State

Office of the Spokesman
Washington, DC
May 24, 2010

On May 20, 2010, the Department of State published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on June 4, 2010.
The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico.
The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas.
Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140.
Applicants for petition-based visas will pay an application fee of $150. These categories include:
· H visa for temporary workers and trainees
· L visa for intracompany transferees
· O visa for aliens with extraordinary ability
· P visa for athletes, artists and entertainers
· Q visa for international cultural exchange visitors
· R visa for religious occupations
The application fee for K visas for fiancé(e)s of U.S. citizens will be $350. The fee for E visas for treaty-traders and treaty-investors will be $390.
Concurrent with the publication of the interim final rule, the Department will also release additional cost of service data and re-open the public comment period for an additional 60 days. At the conclusion of that period, the Department will consider public comments and publish a final rule. To view the interim final rule, please go to 75 Federal Register 28194. Comments may be submitted via www.regulations.gov.
This fee increase information may also be found on the Department of State, Travel.state.gov internet site, on the Fees for Visa Services webpage, and also on U.S. Embassy and Consulate websites abroad. Only the fees for nonimmigrant visas will change on June 4. Proposed fee changes related to U.S. passports, immigrant visas, and other consular services are still under review.

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

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USCIS To Issue Redesigned Green CardQuestions and Answers

Introduction

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features.  Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Questions and Answers

Q.  What is a Permanent Resident Card, or “Green Card”?
A. A Green Card is proof of authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws.  Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents.  The permanent resident must renew his or her card each time it expires.

Q.  Why did USCIS redesign the Green Card?
A. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud.  State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card.  The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.

Q.  What major improvements has USCIS included in the redesigned Green Card?
A. Secure optical media store biometrics for rapid and reliable identification of the card holder.  Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce.  Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen.  Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data.  Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.

Q.  Is the Permanent Resident Card actually green, as its nickname suggests?
A. After the redesign, the card is now colored green.

Q.  Who will receive the redesigned Green Card?
A.  Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format.  Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card.

Q.  What happens to existing Green Cards with the old design?
A. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire.  Holders of those cards will receive the redesigned version when seeking a renewal or replacement.

Other existing Green Cards have no expiration date, and those cards remain valid.  USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.

The current cost of renewing or replacing a Green Card is $370.  Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.

Q.  What is the USCIS number listed on the front of the card?

A. The USCIS number is the same as the alien registration number, commonly known as “A” number, but without the “A” prefix. The USCIS number or alien registration number is also listed on the back of the redesigned Green Card (i.e., A# 000-000-000).

The “A” number for an individual will not change, but it may be referred to as a “USCIS number,” “alien registration number” or “alien number” interchangeably.

When providing the “A” number to USCIS, either through answering a query or requesting a benefit, please include the prefix “A” in front of the digits.

Q.  How does a lawful permanent resident replace a Green Card, if lost or damaged?
A. A lawful permanent resident may seek a replacement card by filing a Form I-90, Application to Replace Permanent Resident Card. The Form I-90 and instructions are available online athttp://www.uscis.gov/forms.  If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.

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

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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

Share

Arizona Bill SB 1070 – Every Citizen “of color” will be affected!

Make no mistake the Arizona Bill SB 1070 is not a bill that will penalize only illegal immigrants but also lawful residents and even US citizens. Indeed just using mere “reasonable suspicion” to stop someone will definitely amount to abuses.

In my opinion, reasonable Suspicion will be applied based:

1. Your Race;

2. Your Voice Accent;

3. Color of your skin; and so on.

In such cases, any US citizen or non citizen will be a target. Residents (Citizens or non citizens) will have to walk with a copy of their legal presence. It will be a hurdle for everybody who is even doing business with Arizona.

See full analysis of the bill by ACLU

http://www.courthousenews.com/2010/04/16/ACLUAZImmig.pdf

Hopefully, this law is found unconstitutional. Until then, many are going to suffer especially people of color. This, in my opinion, make it almost a “racist” bill!!!

I will probably advise my clients not even to dream of going to Arizona for a vacation. So will I!!!

The United States has stand tall among a diversity. Allowing one state to make such a law is against the principle of our beliefs. Remember the 14th Amendment:

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

May God help us. We need to take a stand against this law!

Shah Peerally

Managing Attorney of Shah Peerally Law Group.

http://peerallylaw.com

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http://immigrationlegalblog.com

Arizona’s new immigration law is unconstitutional

Not all of it will be thrown out by the courts, but the most controversial provision has to be. Here’s why

AP/Matt York
This April 14, 2010 photo shows Arizona Governor Jan Brewer at the Capitol in Phoenix. Brewer has called for more troops along the state’s border with Mexico on Thursday, April 23, 2010, two days before a deadline for her to approve or strike down the nation’s toughest legislation on illegal immigration.

Minutes after signing the nation’s toughest illegal immigration law, Arizona Gov. Jan Brewer was asked about her confidence in its ability to withstand a legal challenge. Even the most complex legal wars begin with public relations battles, and the question provided the governor a good opportunity for a first strike — a full-throated defense of the law’s legality. She passed.

“Well, you know,” Brewer said, “it’s probably going to survive, I think, i-i-in most areas.”

http://www.salon.com/news/feature/2010/04/26/is_arizona_immigration_law_constitutional/index.html

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

Share

Employ American Workers Act (EAWA) and H-1B Petitions

Overview:

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”), Public Law 111-5. The stimulus bill contained the Employ American Workers Act (“EAWA”), Pub. L. 111-5, Div. A, Title XVI, § 1611.
EAWA took effect on Feb. 17, 2009 and will expire on Feb. 17, 2011.
EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (TARP), Pub. L. 110-343, Div. A, Title I, or under section 13 of the Federal Reserve Act (collectively referred to “covered funding”).
EAWA affects the current Labor Condition Application (LCA) process administered by Department of Labor (DOL) and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding recruitment and hiring of U.S. workers.
Under EAWA, any company that received covered funding and seeks to hire H-1B workers is considered to be an “H-1B dependent employer.”

H-1B Dependent Employer

An H-1B dependent employer must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application (LCA)

  • The employer has taken or will take good faith steps meeting industry-wide standards to recruit U.S. and will offer compensation that is at least as great as those offered to the H-1B nonimmigrant.  U.S. workers are defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens)
  • The employer has offered or will offer the job to any U.S. worker who applied and is equally or better qualified for the job that is intended for the H-1B nonimmigrant
  • The employer will not displace any similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after the date of filing a petition for an H-1B nonimmigrant supported by this application. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought
  • The employer will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

See the link to the right to the Department of Labor Web Site.

Affected U.S. Companies

USCIS is working with the Department of the Treasury, the Federal Reserve and other relevant agencies to identify companies that have received covered funding. USCIS, however, expects companies seeking to hire H-1B workers to know whether or not they have received covered funding and act accordingly with respect to hiring an H-1B nonimmigrant.

  • EAWA only applies to U.S. companies that received covered funding and want to hire new H-1B workers.
  • The normal exception to the H-1B dependent employer requirements that an H-1B nonimmigrant is exempt from the dependency calculation if the individual earns a salary of at least $60,000 or has a master’s degree or higher is not applicable to companies that have received covered funding.

H-1B Nonimmigrant

  • An H-1B nonimmigrant is a foreign national who comes to the United States temporarily to work in a specialty occupation. A specialty occupation position is one that generally requires a bachelor’s degree or higher and specialized knowledge.

For more information please see the link to the left for H-1B Specialty Occupations under Temporary Workers.

How EAWA Applies to H-1B Hires

EAWA applies to any “hire” taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines “hire” as an employer permitting a new employee to commence a period of employment; that is, the introduction of a new employee to the employer’s U.S. workforce.

EAWA applies to

  • Any LCA or petition filed on or after Feb. 17, 2009 involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
  • New employment (hires) based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to

  • A petition to extend the H-1B status of a current employee with the same employer.
  • A petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.

If You Are Filing an H-1B Petition

Please comply with the following in order to avoid processing delays

  • Use a version of Form I-129, Petition for a Nonimmigrant Worker, with a revision date of March 11, 2009 or later and ensure that you properly answer Question A.1.d on the H-1B Data Collection and Filing Fee Exemption Supplement, or
  • Submit page 13 of Form I-129 with a revision date of March 11, 2009 or later and answer Question A.1.d. if you are using a version of Form I-129 with a revision date earlier than March 11, 2009

If You Have Repaid Covered Funding

USCIS understands that some employers who received covered funding may have subsequently repaid their obligations.

  • Employers who have repaid their obligations should answer “no” to Question A.1.d. on the H-1B Data Collection and Filing Fee Exemption Supplement.
  • If an employer wishes to provide further information with the petition to assist USCIS in determining that its statement regarding its status for purposes of EAWA is correct, it may do so.

For information on whether covered funding obligations have been repaid, recipients of TARP funding should seek guidance from the Department of Treasury, or the Federal Reserve, by seeing the links to the right.

Please Note: Processing delays or a denial of the H-1B petition may result if the LCA statements do not correspond with the H-1B petition, unless any inconsistency is explained in the petition.
For example, if the LCA includes the additional statements, but Question A.1.d is answered “no,” the employer can explain that it had received covered funding at the time of filing the LCA but repaid the obligation before filing the Petition for Nonimmigrant Worker, (Form I-129).
However, if the employer indicates on its petition that it received covered funding, but the LCA does not contain the proper statements relating to H-1B dependent employers, the H-1B petition will be denied.

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

Share