Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. 

On or after May 1st 2015, USCIS will reject all previous editions of this form.

Form I-129 is used to apply for many work visas (H1B, R-1, O, L, P, etc). 

A new form I-129 can be found at: http://www.uscis.gov/i-129 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

On April 10, 2015, U.S. Department of State Visa Office had published a new update to 9 FAM 40.103 (international child abduction as a ground for inadmissibility). 

The new guidance can be found here. 

9 FAM 40.103 N2 INADMISSIBILITY UNDER INA 212(A)(10)(C)

Note: Under INA 212(a)(10)(C), an alien is ineligible for a visa if the conditions in the law are satisfied. Post does not have discretion to decide not to apply the ineligibility. See 9 FAM 40.103 N7.2 below for guidance on when Advisory Opinions are necessary. 

9 FAM 40.103 N2.1

Elements for INA 212(a)(10)(C)(i) 
An alien is ineligible under INA 212(a)(10)(C)(i) if: 
(1) The child is a U.S. citizen; 
(2) A court in the United States has issued an order granting custody of the child to someone other than the alien; 
(3) The alien is detaining or retaining the child, or withholding custody of the child, from the person granted custody by the U.S. court order; and 
(4) The child is outside of the United States and in a country that is NOT a U.S. partner to the Convention. 

NOTE: INA 212(a)(10)(C)(i) does not require the child to have been taken out of the United States. Nor does it require the alien to have been in the United States.

In May 2015 Visa Bulletin, the US Department of State had implemented a cutoff date for EB-5, immigrant investor visa category for China. 
In May 2015 Bulletin, it retrogresses to May 1, 2013 (two years).

How will it affect dependent children of a primary investor? How to protect dependents from ageing-out and becoming ineligible for a visa?

On April 13, 2015, Visa Office attended IIUSA 2015 EB-5 Regional Economic Advocacy Conference and provided some guidance on application of CSPA to those derivative children:

May 2015 visa bulletin can be found here. 

US Dept of State issued a new policy guidance for immigrant visa applicants who were unable to use an Immigrant Visa (IV) during its validity period. 

9 FAM 42.74 N1 ISSUING REPLACEMENT VISA DURING VALIDITY OF ORIGINAL VISA (CT:VISA-2270; 03-31-2015) 

a. If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. 

b. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible. 

c. An applicant who will be or was unable to use an IV during its validity period because of reasons within the applicant's control can submit a new visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship). 
This also applies for new IV applications outside of the original IV's fiscal year of issuance. 

9 FAM 42.74 N1: 
http://www.state.gov/documents/organization/87915.pdf

Administrative Appeals Office (AAO) non-precedent decision approving EB-1 green card for a researcher applying Kazarian two-step test.

The Director of the USCIS Texas Service Center, denied the employment-based immigrant visa petition in EB-1 category. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained.

The petitioner is a professor and researcher who primarily studies avian brood parasites, i.e., birds that lay their eggs in the nests of other bird species. The petitioner seeks classification as an alien of extraordinary ability (EB-1) pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(1)(A). ... 

While this appeal was pending, the U.S. Court of Appeals for the Ninth Circuit issued a decision concluding that USCIS should reserve any evaluation of the record evidence that otherwise meets the plain language requirements of the regulatory criteria for a separate and subsequent "final merits determination." Kazarian v. USCIS, 596 F.3d 1115, 1121-22 (9th Cir. 2010). 

The two-step review articulated in Kazarian provides a reasonable interpretation and application of the existing regulatory standard. To promote consistency, USCIS has adopted this two-step review process for cases arising both within and outside the jurisdiction of the Ninth Circuit. Thus, the proper procedure for evaluating an extraordinary ability visa petition is twofold. First, we will analyze the record and count the number of evidentiary criteria met, without imposing novel substantive or evidentiary requirements beyond those set forth by regulation. Second, if the petitioner submits evidence that meets at least three of the criteria, we will then review the record in its totality in a final merits determination to determine if the alien is one of that small percentage of individuals who have risen to the very top of their field, has sustained national or international acclaim, and that his or her achievements have been recognized by others in the field of expertise.

At the second step, we consider not only the quantum of evidence, but also its quality (including relevance, probative value, and credibility). See Matter of Chawathe, 25 I&N Dec. at 376 (citing Matter of E-M-, 20 I&N Dec. 77, 80 (Comm'r 1989)). If the record establishes that it is more likely than not that the individual has sustained national or international acclaim and recognition in the field of expertise, and is one of that small percentage who has risen to the very top of their field ofendeavor, the petitioner has met his or her burden of proof. ... 

[T]he petitioner has established eligibility for the benefit sought under section 203(b )(1 )(A) of the Act. ... 

The decision of the director is withdrawn. The petition is approved." Read the full text of the AAO non-precedent decision here.