Work Permit and Social Security Number in One Application

10/2/17 WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization. To lawfully work […]

Read More

H-1B Petitions for Fiscal Year 2018

Filing begins on April 3, 2017 this year.  There are still only 65,000 H-1Bs available with 20,000 extra visas for U.S. master’s degrees or higher.  There is a temporary suspension of premium processing for all H-1B petitions beginning April 3, 2017 for up to six months.

Read More

DACA Still Available

As of February 17, 2017, the November 20, 2014 priority enforcement memoranda has been cancelled by the Trump administration through his Executive Order entitled “Enhancing Public Safety in the Interior of the United States.” ICE will immediately hire 10,000 officers and agents.  The priority for removal are those who: Have been convicted of ANY criminal […]

Read More

USCIS Message: No payment Over Phone or Email

This important message was received today from USCIS. “Dear Stakeholder, Immigrants all over the country are being targeted in scams. Don’t be one of the victims! Scammers may call or email you, pretending to be a government official. They will say that there is a problem with an application or additional information is required to […]

Read More

Expanded Provisional Waiver Effective August 29, 2016

BEFORE & AFTER Currently, the Provisional Waiver applies to immediate relatives who are children and spouses of U.S. Citizens.  As of August 29, 2016, the Provisional Waiver also applies to children and spouses of Lawful Permanent Residents, including all beneficiaries of family-sponsored, employment-based immigrant visa petitions, as well as Diversity Visa Selectees who have a […]

Read More

Disappointing Decision for DAPA and DACA+

June 23, 2016 Today, the Supreme Court issued a 4-4 decision in United States v. Texas, which is the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).  This means that the Fifth Circuit’s decision upholding the preliminary injunction against these executive actions […]

Read More

Record Change, Reduction, Expungement and Clean Slate Practice

“Reclassification” under Proposition 47 (also called “Record Change”) allows people with certain low-level, nonviolent felonies to change those convictions to misdemeanors.  You are not excluded if you served a prison sentence. “Reduction” under Penal Code 17(b) is another law that allows people to reduce some felony convictions to misdemeanors.  A case is not eligible if […]

Read More

85 Countries Represented by Hart Immigration and Counting

Hart Immigration is proud to announce that as of today, June 1, 2016, we have represented foreign nationals from 85 different countries, with the last 3 countries being Croatia, Ghana and Trinidad & Tobago.

Read More

Marijuana and Immigrants

There is some serious disconnect between state and federal law when it comes to marijuana.  Although it is legal to smoke marijuana in many United states, it is still a Schedule I federally controlled substance.  And, even more importantly for immigrants, it makes you inadmissible if you are trying to be admitted to the U.S. […]

Read More

STEM OPT and Training Plan, Form I-983

The new STEM OPT regulations are going into effect on May 10, 2016.  If the employee is eligible for 24 month extension after OPT, the employee and the employer must prepare an I-983 training plan to be filed with the DSO.  Per the Paperwork Reduction Act, the training plan takes 7.5 hours to prepare. Please […]

Read More

K-1 Fiance Petition approved In 15 Days

We filed an I-129F Petition with the California Service Center on December 9, 2014 and it was approved on December 24, 2014. It used to take at least 5 months to get these petitions approved and lately, it’s taking 2-6 weeks.

Read More

212(d)(3) Waiver Approved

My client from Caracas Venezuela’s 212(d)(3) waiver was just approved and the consular officials have asked her to come in to provide her passport so they can Visa Stamp it with a B1/B2.

Read More

President Obama’s Address to Fix Our Broken Immigration System

Our office stands ready and willing to process applications for highly skilled graduates and DAP applications (Deferred Action for Parents) for the parents of undocumented U.S. Citizen or Lawful Permanent Resident children who have lived in the U.S. longer than 5 years, have no criminal history and are willing to pay taxes.

Read More

K-1 Fiancee Case Was Transferred to a Different Consulate and Was Approved Within the Validity Period of the I-129F

Days before the I-129F was approved, I was retained. The fiance had moved from Country A to Country B while the I-129F was processing.

Read More

Obama’s Immigration Executive Order Could Mean War, Romney, GOP Warn

Obama’s Immigration Executive Order Could Mean War, Romney, GOP Warn Obama’s Immigration Executive Order Could Mean War, Romney, GOP Warn President Obama had better think twice if he’s considering using an executive order to change how immigration laws are enforced, top conservatives warned on Sunday morning television shows. Obama’s long-rumored executive action plan on immigration […]

Read More

K-1 Fiance(e) Petition Was Approved In 43 Days By CSC

I filed a K-1 I-129F Fiancee Petition with CSC and it was approved in 1 month and 13 days with no RFE, WITH AN IMBRA issue yet.

Read More

CR1 or IR1

An interesting phenomenon occurred with my spouse-based consular-processing client.  

Read More

Green Cards Through Employment

We received good news in late August. We filed an EB-3 PERM case in 2010, which was certified 20 days later . . . over the holidays! We filed the I-140 Petition in 2011 and it was approved 4.5 months later with no RFE. After waiting for the priority date to be current, we filed […]

Read More

Immigration Legislation Booms in State Capitals

The Washington Post article below provides an interesting profile on several states. Evelyne M. Hart, Esq.

Read More

Immigration Reform Falls to the Back of the Line

WASHINGTON — Congress is likely to postpone consideration of an immigration overhaul until the end of the year, if not longer, even as advocates are preparing for an all-out, urgent push this fall to win their longstanding goal of a path to citizenship for millions of immigrants here illegally. In Washington, the sudden debate over military action in Syria and a looming face-off with President Obama over the budget and the nation’s borrowing limit have shot to the top of the legislative agenda, while Republican angst about losing Hispanic voters in the 2012 presidential campaign has faded. In the House, where many Republicans view an overhaul bill passed by the Senate as a federal juggernaut that is too kind to immigrant lawbreakers, the legislative summer recess has done little to stoke enthusiasm for immediate action. Senior Republican aides in the House say immigration is at the back of the line, and unlikely to come up for months. The prospect of a delay is generating frustration among supporters of the legislation, who felt emboldened by a summer in which conservative opposition in House districts largely fizzled and immigrant groups seized the chance to lobby lawmakers on their home turf. “We […]

Read More

Implementation of the Supreme Court Ruling On the Defense of Marriage Act

DHS is acting swiftly and smoothly. This is long overdue. Evelyne Hart  

Read More

Green Cards for Gays and Lesbians through Same Sex Marriage

Today, the U.S. Supreme court struck down DOMA, the Defense of Marriage Act, the law which prevented the federal government from recognizing same-sex marriages which were legalized by some of our states. In United States v. Windsor, in a 5-4 decision, the court found DOMA to be unconstitutional.

Read More

Immigration Reform Faces Long Odds In Republican-Led House

WASHINGTON — The biggest overhaul of U.S. immigration laws in a generation won bipartisan approval from a powerful U.S. Senate committee last week, but there is a strong chance that Republicans in the House of Representatives will end up killing it. The problem: House Republicans are far from convinced by arguments from party leaders that passage of the bill would help Republicans draw support from Hispanic voters. Many also believe any kind of amnesty for the estimated 11 million immigrants who are in the United States illegally is just plain wrong. “There is no evidence to support this idea that Republicans will pick up a lot of votes if we give amnesty to 11 million folks,” said Representative Tim Huelskamp, a Kansas Republican. One possibility is that the House will vote for watered-down reform, including more visas for highly skilled workers. But it likely will not include a way for the undocumented to stay legally and eventually get on a special pathway to U.S. citizenship. Senate Democrats and even some Senate Republicans say there is no way a comprehensive immigration bill could win final congressional approval without a pathway to citizenship. “It’s a non-starter,” said Democratic Senator Charles Schumer […]

Read More

Immigration Bill to Hit Senate Floor In June

Senate Judiciary Committee members Sen. Chuck Schumer, D-N.Y., left, and Sen. Richard Durbin, D-Ill., confer on Capitol Hill in Washington, Monday, May 20, 2013, as the committee assembled to work on a landmark immigration bill. The landmark immigration legislation penned by the “gang of eight” lives to see another day. The comprehensive immigration bill survived its first real test when it passed out of the Senate Judiciary Committee, 13 to 5, Tuesday night. “I don’t think we will make the mistakes we made six and seven years ago because we’ve had this crucible,” Sen. Chuck Schumer, D-N.Y., said. [ READ: Major ICE Union Against Immigration Bill, But Senate Bill Barrels Forward ] The bill will now have its day on the Senate floor in June when Congress returns after the recess. Minority Leader Mitch McConnell, R-Ky., announced Tuesday during a press briefing that he will not stand in its way. “The Gang of Eight has made a substantial contribution to moving the issue forward. So far, I’m told that the Judiciary Committee has not in any fundamental way undone the agreement reached by the eight senators,” McConnell said. “I’m hopeful we’ll be able to get a bill we can […]

Read More

5 Things You Should Know About Immigration Reform

Washington (CNN) — Advocates for comprehensive immigration reform won their first major legislative victory this week when the Senate Judiciary Committee voted 13-5 to approve the bipartisan "Gang of Eight" plan. If enacted, the measure will create a 13-year path to citizenship for most of the country’s 11 million undocumented immigrants. It aims to strengthen border security while raising the cap on visas for high-skilled workers and establishing a new visa program for low-skilled workers on America’s farms and elsewhere. Immigration reform clears key Senate hurdle Here are five key things to know about the state of play on this issue: 1) There’s still a long way to go The Judiciary Committee’s 13-5 vote was significant partly because three Republicans — Arizona’s Jeff Flake, South Carolina’s Lindsey Graham, and Utah’s Orrin Hatch — joined the panel’s Democrats in backing the measure. Now, however, attention turns to the full Senate, where the level of GOP support remains an open question. Assuming every member of the Democratic caucus backs the bill, five Republicans will be needed to ensure it receives the 60 votes needed to pass the 100-member chamber. The bill’s backers have been hoping for as many as 70 votes, […]

Read More

Some Are Overlooked In US Immigration Overhaul

Carlos Gonzalez has lived nearly all his 29 years in a country he considers home but now finds himself on the wrong side of the border — and the wrong side of a proposed overhaul of the U.S. immigration system that would grant legal status to millions of people. Gonzalez was deported to Tijuana, Mexico, from Santa Barbara in December, one of nearly 2 million removals from the United States since Barack Obama was first elected president. “I have nobody here,” said Gonzalez, who serves breakfasts in a Tijuana migrant shelter while nursing a foot that fractured in 10 places when he jumped the border fence in a failed attempt to rejoin his mother, two brothers and extended family in California. “The United States is all I know.” While a Senate bill introduced earlier this month would bring many of the estimated 11 million people living in the U.S. illegally out of the shadows, not everyone would benefit. They include anyone who arrived after Dec. 31, 2011, those with gay partners legally in the U.S., siblings of U.S. citizens and many deportees such as Gonzalez. With net immigration from Mexico near zero, the number who came to the U.S. […]

Read More

How Many New Immigrants Are We Talking About?

The new immigration reform bill will double the number of immigrants coming to the US over the next decade, critics say. Others say it’s too early, too complex, or too politically risky to tell. Sen. Jeff Sessions (R) of Alabama stands with members of law enforcement as he speaks about immigration reform last week on Capitol Hill in Washington. Charles Dharapak/AP Enlarge These may seem like straightforward questions: How many new permanent residents of the United States will there be every year, if the Senate’s bipartisan legislation on immigration reform becomes law? And how many new workers would the plan inject into the American economy, exactly? Related stories Subscribe Today to the Monitor Click Here for your FREE 30 DAYS of The Christian Science Monitor Weekly Digital Edition The problem, at least for the moment, is that even those involved in crafting the immigration reform legislation don’t know the answers. “Nobody has a number that is based on the bill right now that’s accurate,” said Lynn Tramonte, deputy director of America’s Voice Education Fund, a group that supports the reform effort, in a conference call with reporters. “This bill is extremely sophisticated … it’ll take a bit more [analysis] […]

Read More

Immigration Overhaul Seems On Track Despite Boston Tragedy : NPR

Enlarge image Sen. Chuck Schumer, D-N.Y. (right), talks during a hearing at which he angered Sen. Chuck Grassley, R-Iowa (far left). Grassley thought Schumer was accusing him of using the Boston bombings as an excuse to slow or kill the immigration overhaul. J. Scott Applewhite / AP No sooner did the first reports emerge that the suspects in the Boston Marathon bombings were Chechen immigrants than did that fact intrude into Washington’s debate on immigration. Opponents of immigration reform seized on the fact to raise doubts about efforts to change immigration laws to, in part, bring the estimated 12 million people now in the U.S. illegally out of limbo. So a major question a week after the bombings was whether the Boston violence had slowed — or even derailed — momentum for the immigration overhaul. Early indications were that the legislative effort still appeared on track. “I don’t think there’s been a change in the fundamental truth that the country needs this broad immigration reform and that there’s a commitment from lawmakers in both parties to addressing it this year. That hasn’t changed” because of Boston, said Lynn Tramonte , deputy director of America’s Voice, a pro-immigration group. “Most […]

Read More

Immigration Reform Dilemma: Cut Family Visas to Woo Computer Engineers?

Should we pit family visas against employment visas? Some viewpoints say yes, some say no. For those who say yes, there is concern about increasing immigration levels. For those who say no, family compliments business; both categories should be addressed together. Both viewpoints agree on family unification. How do we satisfy all viewpoints? Cut family […]

Read More

New Immigration Rule Aimed at Keeping Families Together Starts Tomorrow March 4, 2013

A new immigration rule taking effect March 4, 2013 will let immigrants reduce the amount of time they are apart from their families when applying for their lawful permanent residence, also known as a green card.

Read More

Republicans Are Working on Comprehensive Immigration Reform

In the House, support of a “majority of the majority” party is necessary to advance Comprehensive Immigration Reform. Evelyne M. Hart, Esq.

Read More

High Skilled Immigration Is Good for America

Comment by Evelyne M. Hart: 89% of Americans agree that we are better off if high-skilled foreign workers immigrate to the U.S. There is no such thing as too many high-tech workers!  

Read More

Immigration Proposal Would Allow Illegal Immigrants to Become Legal Permanent Residents Within Eight Years

Comment by Evelyne M. Hart – This article provides the clearest, most up-to-date bullet points for current immigration policies and proposed legislation. President Obama is impatient and counsel remains optimistic that immigration reform looms on the horizon.  

Read More

Immigration Reform 101: Is a Sensible Guest-Worker Program Possible?

The battle between corporations and labor rages on. Both sides agree that the number of foreign workers should be regulated by markets needs and cannot be set by quotas. However they differ on how to achieve the policy. Corporations’ perspectives is to set the number of foreign workers they need. Labor would like to see […]

Read More

Nurses And H-1B Visas

As an attorney representing health care facilities, many questions are raised by foreign nurses and their employers.  

Read More

CIR and DREAMers

Let’s keep our fingers crossed.

Read More

AB 540 – California Immigrant Higher Education Act

I have a couple of clients that I am representing for DACA who have gone the entire route, taking advantage of AB540. They have graduated from a Cal State . While they studied, they worked, to pay their own tuition. An incredible feat. We need young people like them in our society – hard-working, ambitious, […]

Read More

Immigration Reform In 2013

For the first time in 12 years, with President Obama still in office, immigration stakeholders see serious immigration reform as a possibility. Yes, enforcement is important alongside a true path to legalization for the undocumented persons who have been productive and do not have a serious criminal record. As an immigration attorney, I come across […]

Read More

The USCIS Electronic Immigration System’s First 1,000 Cases

I look forward to the day when USCIS is completed automated and we can file all of our applications electronically. USCIS ELIS is a great start.  

Read More

Deferred Action for Childhood Arrivals: A Q&A Guide (Updated)

Through a Q & A, the following article provides you with the nuts and bolts of Deferred Action for Childhood Arrivals. The DACA requirements appear deceivingly simple but the process is easily complicated if the applicant has a criminal history, moved a lot, changed schools numerous times, possesses few pieces of circumstantial evidence or needs […]

Read More

Obama to Push Ahead on Immigration Overhaul Early in 2013

The simplest comprehensive reform is to grant the same amnesty that existed from 1986 through 2001. That amnesty was called 245(i). Simply, put, the applicant pays a $1,000 penalty and follows the same process as for applicants who entered legally. There is no need to create a new process because the process exists already. After […]

Read More

Provisional Waivers

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process Release Date: January 2, 2013 For Immediate Release DHS Press Office Contact: 202-282-8010  

Read More

Childhood Arrivals Line up by Thousands for DACA (Deferred Action for Childhood Arrivals)

Illegal Immigrants Line Up by Thousands for Deportation Deferrals  

Read More

Consideración de Acción Diferida para los Llegados en la Infancia

Hace algún tiempo, USCIS decidió hacer realidad uno de los proyectos de servicio a la comunidad hispana más ambiciosos de nuestra agencia hasta el momento: el sitio Web en español uscis.gov/espanol. Con el transcurso del tiempo, hemos diversificado nuestras ofertas hasta incluir el servicio de Twitter en español, y hoy nos sentimos especialmente orgullosos de […]

Read More

Who and Where the DREAMers Are

A Demographic Profile of Immigrants Who Might Benefit from the Obama Administration’s Deferred Action Initiative  

Read More

AP Sources: Immunity Offered to Certain Immigrants

By ALICIA A. CALDWELL | Associated Press – Fri, Jun 15, 2012

Read More

Ciudad Juarez Immigrant Visa – A Client’s Experience

Clients went to Ciudad Juarez and provided a day by day account of their experience. I have reproduced it below to help those with Ciudad Juarez Immigration Visa Appointments.  

Read More

Immigration Demographics: A Resource Page

This resource page provides numbers that explain who is migrating to the United States and what their effect is on the population.

Read More

Three Myths Regarding the Adjustment of Status Process

In reading some of the online immigration forums, we have noticed that there are a few myths on the internet about the adjustment of status, also known as the Green Card process. We hope this post helps to clear up any confusion you have about the process of getting your Green Card.  

Read More

USCIS Launches Online Immigration System, USCIS ELIS

U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.  

Read More

Motion for Bond Hearing

My client was detained by Immigration and Customs Enforcement in one of the local detention centers in Orange County. He has a conviction for assault (California Penal Code Section 245). He has a 2-year green card with an I-751 pending. He is married to a U.S. Citizen and has 3 U.S. born children. He has […]

Read More

The Border: A Resource Page

As money is poured into border enforcement, it is critical that lawmakers consider the facts. The following resources provide key answers to basic questions about the U.S.-Mexico Border and the issues that surround it–from the fiscal implications of policies to the struggle to fight drug cartels.  

Read More

Discrediting “Self Deportation” as Immigration Policy

The article below is indicative of the hypocrisy of anti-immigration proponents. I always say that anti-immigrants also benefit from immigrants’ labor if, for example, they eat at a restaurant, purchase groceries and live in a home.  

Read More

Taiwanese Immigrants in the United States

Comprising only a small share of all immigrants in the United States, the foreign born from Taiwan seem to embody the very spirit of the Asian Tiger. As of 2010, Taiwanese immigrants exhibited extremely high levels of educational attainment; a notable tendency toward homeownership; and elevated rates of employment in management, business, information technology, and […]

Read More

Provisional Waivers

The proposed Provisional Waiver rule would allow a spouse or child of a U.S. Citizen relative to obtain a provisional waiver in the United States and if approved, go to their home country to pick up their visas, thus reducing the separation time between families. The provisional waiver applies only for unlawful presence, not for […]

Read More

Immigration Attorney Blog: Spouse-Based Adjustment of Status Pitfalls

IS THE CLIENT ELIGIBLE TO MARRY?   A “simple” spouse-based adjustment of status case may have its challenges in the eligibility of marriage.  

Read More

New Americans in Virginia

This news article shows that immigrants and even illegal immigrants do contribute to the U.S. economy – they do not deplete the U.S. economy. The popular argument by the right that we need to deport illegal immigrants because they drain our resources is faulty. Evelyne M. Hart  

Read More

U-VISA

Demand is growing for visas that help victims of abuse in U.S.  

Read More

Historian Oscar Handlin was Considered the Father of Immigration Study

The Washington Post – By Emily Langer, Published: September 22, 2011  

Read More

Relief Provided to Thousands of Victims of Crimes

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.  

Read More

Fighting Fraud: E-Verify Can Now Verify Driver’s Licenses

E-Verify was recently upgraded to include a driver’s license verification feature. This is significant because driver’s licenses are presented by more than 80% of new hires to establish their identity during the employment eligibility verification process.  

Read More

Preparing for the Naturalization Test: The Citizenship Resource Center

What Happens During the Naturalization Interview?   During the naturalization interview with a USCIS Officer, you will be tested on your knowledge of civics and your ability to speak, understand, read, and write English.  

Read More

New DHS Policy re: Persons in Deportation Proceedings (Morton Memo)

First Deportation Cases To Benefit From New Immigration Policy  

Read More

Dream Act – New DHS Policy for Dreamers (English) – see also Spanish Version

Who May Qualify to Remain in U.S. Under New Obama Immigration Policy (Source: ILRC)  

Read More

Dream Act – New DHS Policy for Dreamers (Spanish)

Quién Puede Calificar para Permanecer en los E.U. Bajo la Nueva Política de Inmigración de Obama? Por Mark Silverman, Immigrant Legal Resource Center  

Read More

A Nation of Laws and a Nation of Immigrants

Posted by Alejandro Mayorkas, Director, U.S. Citizenship & Immigration ServicesThis is part of a series of blog posts exploring the progress we have made in implementing the 9/11 Commission Recommendations.  

Read More

Director Mayorkas Joins DHS and Anti-Human Trafficking Leaders

On August 3, in Washington D.C., DHS Secretary Janet Napolitano and USCIS Director Alejandro Mayorkas joined other DHS senior leadership and anti-human trafficking stakeholders and advocates to mark the first anniversary of the Blue Campaign, a first-of-its-kind campaign to coordinate and enhance the Department’s anti-human trafficking efforts. In their remarks, Director Mayorkas and Secretary Napolitano […]

Read More

USCIS Initiative to Combat the Unauthorized Practice of Immigration Law

NOTARIOS AND PARALEGALS CANNOT PRACTICE LAW: All too often, individuals seeking immigration benefits are deceived by people pretending to be “immigration experts.” This is against the law.  

Read More

Department of State Increases Fees For Consular Processing of Visa Applications, Effective June 4

The U.S. Department of State (”DOS”) published an interim final rule that raised the fees that U.S. consular posts charge for processing nonimmigrant visas. Prior to June 4 2010, the fee was $131 for all nonimmigrant visa categories. Under its new fee schedule, the DOS now charges varying fees depending on the visa classification sought. […]

Read More

H-1B Visa Numbers Are Dwindling!

USCIS has announced that, as of December 17, 2010, approximately 53,900 H-1B cap-subject petitions were receipted. Additionally, USCIS receipted 19,700 H-1B petitions for aliens with advanced degrees. Taking into account the numbers reserved by treaty for nationals of Singapore and Chile (up to 6,800), there may be less than 5,000 new H-1B visa numbers available […]

Read More