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.
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President Obama’s Address to Fix Our Broken Immigration System

Posted on by Evelyne Hart

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.

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

Posted on by Evelyne Hart

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

Posted on by Evelyne Hart

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 was leaked to the New York Times Friday, giving Americans a first look at exactly how the president could make it possible without congressional approval for 5 million immigrants to live and work within the U.S..
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Green Cards Through Employment

Posted on by Evelyne Hart

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 I-485s for the primary beneficiary/applicant, his wife and son using 245(i) in April of this year and all I-485s were approved without RFEs and without an interview. The Petitioner and the beneficiary are in different states too.
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Green Cards for Gays and Lesbians through Same Sex Marriage

Posted on by Evelyne Hart

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.
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Immigration Reform Faces Long Odds In Republican-Led House

Posted on by Evelyne Hart

Mo Brooks says it best that we should not worry about the political impact but what is in the best interest of America. Unfortunately, he sees the subjects of immigration reform as lawbreakers. I guess the British who sailed on the Mayflower to escape religious persecution in America were also lawbreakers.

Evelyne M. Hart.
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Immigration Reform Dilemma: Cut Family Visas to Woo Computer Engineers?

Posted on by Evelyne Hart

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 visas, especially parents and siblings? Reallocate categories to reduce backlogs or preserve category but make each one more expeditious.

Evelyne M. Hart, Esq.
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Immigration Proposal Would Allow Illegal Immigrants to Become Legal Permanent Residents Within Eight Years

Posted on by Evelyne Hart

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.

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

Posted on by Evelyne Hart

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 a data-drive system of guest workers managed by a government commission.

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AB 540 – California Immigrant Higher Education Act

Posted on by Evelyne Hart

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, focused and dedicated. I look forward to the day when I can get them a green card.

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Immigration Reform In 2013

Posted on by Evelyne Hart

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 many wonderful undocumented persons in the United States who appreciate all that America has to offer. They work hard, they smile, they don’t complain. They would rather live in the United States as fugitives than live legally in their own country . My heart goes out to these people and most of the time my hands are tied. I turn them away . I urge everyone to contact your Representatives and push for Reform.

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Deferred Action for Childhood Arrivals: A QA Guide (Updated)

Posted on by Evelyne Hart

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 translations of documents, especially if the applicant was taught in Spanish in the United States. Attorney Hart has already filed dozens of deferred actions cases and has a system in place to organize the best application possible, whatever the applicant’s situation.

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Obama to Push Ahead on Immigration Overhaul Early in 2013

Posted on by Evelyne Hart

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 the lawful permanent resident holds the green card for 5 years, she can apply for citizenship.

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Consideración de Acción Diferida para los Llegados en la Infancia

Posted on by Evelyne Hart

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 presentarles Compás, el nuevo blog en español de USCIS.

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Three Myths Regarding the Adjustment of Status Process

Posted on by Evelyne Hart

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.

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USCIS Launches Online Immigration System, USCIS ELIS

Posted on by Evelyne Hart

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.

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Motion for Bond Hearing

Posted on by Evelyne Hart

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 a job. His employer wrote a letter that he is such a terrific worker that he will have his job back once he is out of detention. ICE refused to grant bond.

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Discrediting “Self Deportation” as Immigration Policy

Posted on by Evelyne Hart

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.

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Taiwanese Immigrants in the United States

Posted on by Evelyne Hart

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 certain other professional, science, and engineering fields compared to the foreign-born population overall.

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Provisional Waivers

Posted on by Evelyne Hart

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 fraud, misrepresentation or criminal issues.

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New Americans in Virginia

Posted on by Evelyne Hart

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

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

Posted on by Evelyne Hart

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.

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Director Mayorkas Joins DHS and Anti-Human Trafficking Leaders

Posted on by Evelyne Hart

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 underscored the critical work of anti-human trafficking organizations that provide vital services and support to victims as they re-integrate into their communities.

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USCIS Initiative to Combat the Unauthorized Practice of Immigration Law

Posted on by Evelyne Hart

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.

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

Posted on by Evelyne Hart

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.

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H-1B Visa Numbers Are Dwindling!

Posted on by Evelyne Hart

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 for this fiscal year ending September 30, 2011.

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