The U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal. 

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:

• Lawful permanent residents;
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
• Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

• Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:

• All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
  • Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
  • Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
• Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
• Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R. 
• Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:

• Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
• All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
• All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:

• If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
• If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
• If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
• If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
• If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

​Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.


Read more about Alien Registration requirement here.

 ​Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have immigration attorneys, down from 65% just four years ago. There are not enough judged and immigration courts.

This new data comes from Syracuse University’s Transactional Records Access Clearinghouse (TRAC). On January 24, TRAC published data showing that representation rates at U.S. immigration courts have decreased significantly. These trends highlight concerns about migrants’ ability to obtain an attorney to navigate our immigration system.

Federal law generally provides immigrants the right to secure legal representation before federal immigration agencies, but immigrants must pay the cost—or secure the assistance of a pro bono (free) attorney, if they can find one. There is no right to have a free lawyer in Immigration Court.

he assistance of an attorney can be crucial to succeeding in one’s case. For example, in removal proceedings, immigrants not subject to immigration detention are five times more likely to obtain relief if they are represented. Attorneys also contribute to efficiencies in removal proceedings, including fewer hearings and more successful claims.

Cases before the immigration courts have grown substantially in the last decade. In 2013, there were 344,230 pending cases. Now the backlog stands at more than 3.2 million cases.

This is the result of many reasons. Recently, however, as undocumented migrant arrivals increase, a dramatic increase in newly filed cases during the past year--nearly 1.5 million—are causing concern about whether the supply of immigration attorneys can meet the current demand by asylum seekers.

In addition, many of those filing the asylum claims, don't see it necessary to consult or hire an attorney. Many migrants who spent US$15,000-$50,000 and more to travel to the USA to illegally cross the Southern border (many arriving from Asia or Europe), incorrectly assume that the lawyer will be provided to them for free, or take for granted that their status will be approved, or simply don't care as long as they are in the USA. Often, ethical attorneys refuse representation when the prospective clients have no legitimate claim for immigration benefits besides being interested in living in the United States. As a result, currently, only about 30% of immigrants with cases in Immigration Court have attorneys.

There is a deep and growing crisis at the Southern border, affecting our already ineffective immigration system, and creating many national security risks.

The U.S. Department of State (DOS) is proposing a new rule that would allow third parties (including attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.
These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.
State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.
Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:

• Only one third-party per applicant;
• An attorney cannot substitute for the applicant;
• The consular official retains discretion to determine the scope and conduct of the interview;
• Attorneys are expected to provide guidance before the interview – not during the interview;
• Attorneys may not engage in legal argumentation during the interview;
• Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
• No coaching is allowed;
• Attendees may not object to questions or instruct the applicant not to answer;
• Attendees may take written notes, but recording is not allowed; and, of course,
• Attendees may not be disruptive.

The proposed rule was published in Federal Register, and the State Department will be accepting comments on the proposed new rule until September 25, 2023. 

Generally, being a dual national (having two or more citizenships, one of which in a TPS-designated country) does not prohibit an applicant from applying for TPS.

However, a dual national applicant should very carefully consider his or her "operative nationality" and "firm resettlement" issues before applying for TPS.

It is advisable to consult an attorney before applying.

Operative Nationality

Although US law recognizes dual nationality, a person may claim only one nationality at a time for immigration matters within the United States. This singular “operative nationality” becomes the crucial first test in assessing whether the dual national may qualify for TPS.

USCIS generally looks at how the applicant entered the US in order to determine operative nationality. For example, what passport they used to travel to the United States, and when applying for extension or change of status, how did they identify their nationality on forms and applications?

If you entered with a passport from a TPS-designated country and that country is shown on the I-94, it’s safe to say you have met the operative nationality test. If so, move to the next analysis.
 
Firm Resettlement

Even if the dual national passes the operative nationality test, the USCIS officer may still challenge by issuing a request for additional evidence (RFE) and assess whether the dual national may have firmly resettled in another country.

The law state that a noncitizen is “considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country, received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement”.

Under the firm resettlement analysis, simply having a passport from the non-TPS country without living in that non-TPS-country should not give rise to a firm resettlement finding. However, ask an advise from an attorney before applying.
Even if the dual national did enter the non-TPS-country, the applicant may still establish that they are not subject to the firm settlement bar by showing that there were no significant ties or there were restrictive conditions in the non-TPS-country.

USCIS explained these factors in a March 29, 2021 Questions and Answers on “Designation of Syria for Temporary Protected Status,” by stating the following:
"TPS applicants may submit evidence regarding when and how they obtained their non-TPS citizenship, the nature of their family and other ties to the non-TPS country, whether they have lived in the other country, when and how long they lived in that country, dates of visits to the non-TPS country of citizenship, and any other information that the applicant believes may be relevant to the firm resettlement issue. ".

More information on TPS is here.

Eligibility Requirements

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below);
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States;
• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
• Fail to meet the continuous physical presence and continuous residence in the United States requirements;
• Fail to meet initial or late initial TPS registration requirements; or
• If granted TPS, you fail to re-register for TPS, as required, without good cause.

Briefly in Russian:

Нередко человек, подающий на TPS, имеет два или более гражданства.

В каких ситуациях USCIS утверждает TPS таким лицам с двойным гражданством, у которых потенциально есть безопасная страна?

1) Вначале проводится анализ по какому паспорту человек въехал в США, какое гражданство было заявлено при въезде.

2) Если это гражданство страны, где TPS статус был объявлен, то второй элемент теста - проживал ли человек в безопасной стране своего второго гражданства, какая связь с этой страной? 

Нередки случаи, коглда именно по этому пункту USCIS присылает RFE или запрос на дополнительные документы, и отказы по этому сонованию также бывают.

Если вы сомневаетесь, лучше проконсультироваться с адвокатом перед подачей заявления на TPS.

VAWA self-petition FY 2021 Annual Report and Approval/Denial Rate:

The Violence Against Women Act (VAWA) law allow certain spouses, children, and parents of abusive U.S. citizens and certain spouses and children of abusive Lawful Permanent Residents (LPRs) to petition for immigration benefits without the abuser’s participation or knowledge (self-petition).

Self-petitioners must establish that they:
(1) have or had a qualifying relationship with the abuser;
(2) are eligible for immigrant classification as an immediate relative or certain family sponsored preference categories;
(3) resided with the abuser;
(4) have been subject to battery or extreme cruelty during the qualifying relationship;
(5) are a person of good moral character; and
(6) entered into the marriage in good faith (for self-petitioning spouses only).

In FY 2021, I-360 VAWA self-petition Approval Rate varied greatly between the three groups of the applicants:

(1) 70% for the spouses of the abusing US citizens and permanent residents. (70 % or 6,412 petitions approved and 30% or 2,712 petitions denied).

(2) 42% for children of the abusive USC or LPR parents,

(3) 23% for parents of the abusive USC or LPR child.

​On average, a VAWA self-petition filed by an abused spouse adjudicated by USCIS in FY 2021 was pending for about 25 months,
a VAWA self-petition filed by an abused child adjudicated by USCIS in FY 2021 was pending for
about 25.1 months,
and a VAWA self-petition filed by an abused parent adjudicated by USCIS in FY 2021 was pending for about 20.8 months. The report is here.

The processing times are calculated using the date of receipt by USCIS and the date of the adjudication (i.e., approval or denial). Not all self-petitions adjudicated in FY 2021 were received in FY 2021; as such, VAWA self-petitions adjudicated in FY 2021 do not necessarily represent petitions received by USCIS in
FY 2021.

​See the FY 2021 report here.

Since 2004, we help our clients in VAWA cases. To schedule an appointment with an immigration attorney, please email us to schedule. 

Briefly in Russian:

По статистике за 2021 фискальный год. USCIS утвердили I-360 VAWA петиции в трех основных категориях:

(1) 70 % утвердили для жен и мужей абьюзеров

(2) 42 % утвердили для родителей абьюзеров

(3) 23 % утвердили детей абьюзеров.

Разница по статистике огромная - от 70 до 23 процентов.

Сроки рассмотрения этих гуманитарных петиций в 2021 составляли от 20 до 25 месяцев. В 2022 сроки остались приблизительно на таком же уровне.

Если вам нужна помощь с петицией ВАВА, мы будем рады вам помочь. Мы глубоко специализируемся в этой категории дел с 2004 года.

Для контакта с адвокатом по делу ВАВА, свяжитесь с нами по email.

Conditional or permanent bars to GMC good moral character can result in the denial of your application for Naturalization, N-400, and also other applications for immigration benefits.

For example, a VAWA self-petitioner or applicant for naturalization (citizenship) will generally fail to establish that they possess good moral character if they were engaged or continue to be engaged in prostitution or gave false testimony. It can also bar a person from adjusting their status to the status of a lawful permanent resident in the United States.

Prostitution.

An applicant may not establish GMC if he or she has engaged in prostitution, procured or attempted to procure or to import prostitutes or persons for the purpose of prostitution, or received proceeds from prostitution during the statutory period.[39] The Board of Immigration Appeals (BIA) has held that to “engage in” prostitution, one must have engaged in a regular pattern of behavior or conduct.[40] The BIA has also determined that a single act of soliciting prostitution on one’s own behalf is not the same as procurement.[41]

Another ground is False Testimony: 

An applicant who gives false testimony to obtain any immigration benefit during the statutory period cannot establish GMC.[33] 
False testimony occurs when the applicant deliberately intends to deceive the U.S. Government while under oath in order to obtain an immigration benefit. This holds true regardless of whether the information provided in the false testimony would have impacted the applicant’s eligibility. The statute does not require that the benefit be obtained, only that the false testimony is given in an attempt to obtain the benefit.[34]
While the most common occurrence of false testimony is failure to disclose a criminal or other adverse record, false testimony can occur in other areas. False testimony may include, but is not limited to, facts about lawful admission, absences, residence, marital status or infidelity, employment, organizational membership, or tax filing information. 

​Good Moral Character requirement for Naturalization. 

There are many other conditional bars to good moral character listed in the USCIS Manual.

Permanent bars to good moral character are listed in the USCIS Manual here.

If in doubt, you should consult an immigration attorney, and have your case evaluated before applying for any immigration benefits.

In Russian:

Для многих иммиграционных заявлений требуется доказательство того, что заявитель не является аморальным человеком. В законе есть перечень условных оснований для отказа в заявлении и постоянных оснований для отказе в заявлении, на том основании, что человек считается "аморальным" (или у него/нее отсутствует "good moral character"). 

Например, проституция, дача ложных показаний и другие основания могут привести к отказу.

Если вы сомневаетесь, касается ли это вашей ситуации, проконсультируйтесь конфиденциально с адвокатом по вашему делу перед тем как подавать заявления в USCIS, а иногда и до того как начинать подготовку по делу, чтобы реально оценить ваши шансы и не терять время и ресурсы.

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

​We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

​What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs?
The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. 
The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.
K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.
K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).
As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).

The First Step: Filing the Petition, USCIS Form I-129F
 (1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
 (2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.

The Second Step: Applying for a Visa
The NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.

Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:

• Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview. 
• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
• Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.
• Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)
• Medical examination (for K-1 and K-2 visa applicants)
• Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.
• Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.

The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.

Fees

​Government filing fees are subject to change (as of 12/2018, the fees are as follows): 

• US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129F
• US$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
• Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visa
• Other costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.
• US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.
• Legal fees – we charge flat fee which could vary from case to case, depending on difficulty and the number of dependents. Please contact attorney for a case evaluation, and we will gladly give you a quote.

To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.

Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.

Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.

After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.

Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance.
 
It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.

Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.

If you would like to schedule a telephone consultation or need help, please contact attorney for a case evaluation, and we will gladly give you a quote and advise you.

Please see below a few brief videos: Part 1, Part 2 and Part 3.

Information and videos in Russian can be found here.

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Information in Russian: how to apply for adjustment of status in the U.S. Brief overview, including recent changes, effective October 1st and November 19th, 2018.

Информация по русски о том, как подать заявление на грин карту, разрешение на работу и на поездки за границу, не выезжая из США.

(1) Первое видео - информация о грин-карте - краткий обзор с учетом недавних изменений в законе:
ВИДЕО О ГРИН-КАРТЕ

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(2) Второе видео - продолжение о разрешении на работу и на поездки - как избежать ошибок, отказа или передачи дела на депортации, после новых изменений, которые вступили в силу с 1 октября и 19 ноября 2018:
ПРОДОЛЖЕНИЕ О РАЗРЕШЕНИИ НА РАБОТУ И ПОЕЗДКИ.

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The USCIS plans to establish an office in Los Angeles, California to focus on denaturalization. The office will take away U.S. citizenship from certain naturalized American citizens.

USCIS will look for cases where it believes a person obtained U.S. citizenship by error, fraud, mistake , using false name or identity - and will refer potential denaturalization cases to the US Department of Justice.

The USCIS couldn't assure compliance with the law because old paper-based records containing fingerprint information from the FBI and DHS can’t be searched electronically. All old paper-only records need to be digitized bfore they can be searched electronically.

In 2008, USCIS identified 206 people who used different names or other biographical information to gain US citizenship or other immigration benefits. This was possible because ICE did not consistently add digital fingerprint records of immigrants whom agents encountered until 2010.

On September 18, 2016, the DHS Office of the Inspector General issued a report entitled Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records.

The report found that that "USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available."Overall, the report found that fingerprint records were missing from hundreds of thousands of cases.

In June 2018, USCIS Director L. Francis Cissna told in an interview that USCIS is hiring several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization.Cissna said the cases would be referred to the U.S. Department of Justice, whose attorneys could then seek to remove the immigrants' citizenship in civil court proceedings. In some cases, government attorneys could bring criminal charges related to fraud.

Until now, the agency has pursued cases as they arose but not through a coordinated effort. It is expected that USCIS new denaturalization office Los Angeles will be running by next year but investigating and referring cases for prosecution will likely take longer.

More about denaturalization effort here.

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).
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U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.
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Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything. 

• Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
• Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
• The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
• Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc. 

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases. 

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: [email protected]. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.
​
If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS. 
Remember:

• When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
• Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
• You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery 

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website. 

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

• Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
• Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. 

​Read more here.

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Assistance if you were unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
• Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.

What Is UPL or UPIL:

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practices” resource is intended for immigration attorneys, recognized and accredited representative, and community-based organizations assisting noncitizen clients who have been victims of unauthorized practice of immigration law.

Unauthorized practitioners of immigration law are often referred to as “notarios,” which is notary public in Spanish, or immigration “consultants.” These individuals can delay immigration matters, at best, and pose a threat to the ability of a noncitizen to successfully qualify for immigration benefits, at worst. Victims of unauthorized practice of immigration law also face indescribable loss, including dashed hopes for legal status in the United States, depletion of limited financial resources, and possibly deportation from the United States.

NEBRASKA

UPL Statute SummaryNebraska Revised Statutes, 64-105.03, Notary public, unauthorized practice of law; prohibited

1. A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.
2. If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used.
3. A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
4. A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters.
5. A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: "I am not an attorney and have no authority to give advice on immigration or other legal matters".
6. A notary public who is not an attorney may not use the term notario publico or any equivalent non-English term in any business card, advertisement, notice, or sign.
7. This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
8. A violation of any of the provisions of this section shall be considered the unauthorized practice of law and subject to the penalties provided in section 7-101.

Nebraska Revised Statutes, 7-101. Unauthorized practice of law; penalty.

Except as provided in section 7-101.01, no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. No such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be guilty of a Class III misdemeanor, but this section shall not apply to persons admitted to the bar under preexisting laws.

Enforcement Mechanisms/Complaint Processes for UPIL Victims may file a complaint with the Attorney General’s Consumer Protection Division, under the Nebraska Deceptive Trade Practices Act, which may be accessed here.

Nebraska consumer protection information and contact forms are here.

One may also submit a complaint to the Nebraska Judicial Branch’s Commission on the Unauthorized Practice of Law. Contact information may be obtained here.

If you are looking for any other state, you can find state-by-state UPIL rules and information here.

We hope you find this information helpful!
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(Sometimes government web links might have been moved, updated or changed and no longer work.)

#UPL #UPIL #unauthorizedpracticeoflaw #notarioscam 

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The 9th Circuit Court of Appeals held that the defendant had no Fifth Amendment due process right to hire counsel in the expedited removal proceeding under 8 U.S.C. § 1225, and that he cannot demonstrate prejudice from the failure to notify him of the right to withdraw his application for admission under 8 U.S.C. § 1225(a)(4).

As a result, the panel concluded that the defendant’s 2012 expedited removal could be used as a predicate for his illegal reentry conviction, and affirmed the denial of the defendant’s motion to dismiss the indictment and the subsequent judgment and sentence as well as the revocation of his supervised release. 

"We find that Peralta had no Fifth Amendment due process right to hire counsel in the expedited removal proceeding and that he was not prejudiced by the government’s failure to inform him of the possibility of withdrawal relief."

"When we refer to the “right to counsel” in this case, we mean the right of an alien to hire counsel at no expense to the government. We do not refer to a right to government-appointed counsel."

The decision was published on Feb 7, 2017 and can be found here.

In Russian:

Апелляционный суд 9-го федерального округа опубликовал решение 7 февраля 2017, где решил, что обвиняемый не имеет конституционного права на адвоката когда он находится в иммиграционном процессе "ускоренной депортации" из США, так называемая expedited removal.

Суд уточнил, что это решение распространяется на тех, кто находится под ускоренной депортацией, не пробыл в США более двух лет, и здесь имеется в виду право нанять адвоката за свой счет (так как в иммиграционном праве США не существует права на бесплатного защитника, как, например, в уголовном процессе). В иммиграционном суде США в процессе, который не является "ускоренной депортацией", у обвиняемого обычно есть конституционное право нанять адвоката за свой счет. Решение суда тут.

On January 25 and 27, 2017, President signed several Executive Orders. Here are the links to full text of three Executive Orders on Immigration:

1. Border Security and Immigration Enforcement Improvements (01-25-2017)
2. Enhancing Security in the Interior of the United States (01-25-2017)
3. Protecting the Nation from Foreign Terrorist Entry into the United States (01-27-2017)

Executive Order Number 1 concerns building a wall along the 2,000 mile border between the US and Mexico.

Executive Order Number 2 would prioritize the deportation or removal of criminals from USA. It would also compel state and local agencies to participate in federal deportation program, by targeting so called Sanctuary Cities, Districts, states. If a sanctuary city doesn't comply, the federal funding can be cut off. Lawsuits are expected to follow. Some jurisdictions, such as, for example, Miami, already declared that they are abolishing their sanctuary city status.

Executive Order Number 3 immediately (1) Implemented a travel ban from seven designated predominantly Muslim countries for 90 days (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen); (2) suspended refugee admissions from all countries of the world for 120 days; (3) indefinitely suspended admission for nationals of Syria, and (4) suspends interview waivers at US consulates abroad.

On Monday January 30, 2017, the USCIS has announced that it will put a hold on all applications and petitions benefitting citizens/nationals of the 7 countries (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen), be they in the US or abroad.  That means that a green card holder from one of seven countries cannot be sworn in as a US citizen, or a work permit can't be approved, or a green card application can't be approved -- even if a person was already interviewed, and there are no issues with the person's background and he/she is otherwise eligible for a green card, work permit, visa or US citizenship. Because a person is a "national" of one of the seven countries, his or her application will be placed on hold "until further notice". 

The US Department of State had stopped issuing any visas to nationals from the seven enumerated countries: Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen.

If you are a national of one of the seven countries, even if you were already issued a visa, you are no longer able to travel to USA on a that visa while this ban remains in place. Effective January 27, 2017, US Department of State had "provisionally revoked" all visas issued to the nationals of seven countries (click here to read the DoS memorandum).

Even if a national of one of the seven countries has a passport from another "unrestricted" country (dual citizenship), he or she will not be allowed to travel to USA while the ban is in place.  (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.")

The executive order also suspends the “interview waiver” program at US consulates abroad. However, ESTA or the Visa Waiver Program is not directly impacted by the new executive order. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

The executive order also suspends all refugee admissions for 120 days and indefinitely suspends admission of Syrian refugees for an undefined amount of time. During the 120 days, government agencies are instructed to implement new procedures to help secure the “national interest.”

Upon resumption of the refugee program, the executive order instructs the government to prioritize admission of Christians over other religions, which will result in more lawsuits to follow.

Yes, the executive order still applies to lawful permanent residents. Please keep in mind that the ban was not cancelled but merely modified as it applies to green card holders nationals of one of the seven enumerated countries. 

As of result of litigation, on Sunday, January 29, 2017 DHS stated that permanent residents are allowed to board planes and come to the US, but will undergo additional secondary inspection screening upon their entry. The same day DHS issued a statement stating that allowing permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation. Even after DHS’ announcement softening how the ban applies to permanent residents, anyone returning from one of the seven designated countries should anticipate increased interrogation, potential detention and long delays when returning from trips abroad.

Please see our previous posts on executive orders on travel ban and about sanctuary cities here.

A draft copy of a 4th unsigned Executive Order entitled “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Program” was made available at some websites.  This Order would impact the H-1B and H-4 EAD programs, provide for site visits to L-1 employers and expand the E-Verify Program. It will change the way the H-1B Lottery is operated, giving preference to "the best and the brightest" applicants with the degree from the US university and higher salary.

A good article about the H-1B visas could be found here.

ADVISORY or GUIDANCE for Lawful Permanent Residents of USA, Dual Citizens, People with Pending Applications, Workers, Students and Visitors to the United States:
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1. If you are from one of the seven countries listed above, do not leave the country unless you do not plan to return to the USA.
2. If you are a lawful permanent resident (a green card holder) from one of the seven countries, beware that the ban also applies to you. The ban was merely modified by DHS. On 01-29-2017, the DHS clarified that they will allow permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation and secondary inspection (therefore, they can be denied re-admission to USA). Read our guidance on what to do if you are being denied admission at the airport and the CBP agent tries to take away your green card.
3. If you are from a Muslim country, remember that your country also maybe added to the list of the "banned countries" while you are outside of the USA. 
4. If you are a national from one of the seven countries, and have a visa in your passport, your visa was "provisionally revoked" by the US Dept of State effective 01-27-2017, which means your visa was made invalid and you can't travel to USA.
5. If you are have a pending application/petition for immigration benefits with USCIS and you are from one of the 7 countries, your application will be placed on hold. At this time, this hold is indefinite or "until further notice". It might be possible to file a Petition for a Writ of Mandamus in Federal Court to try to force the government to take action on your pending application/petition.
6. If you are from a Muslim country which is not on the List of 7, you may want to file your application for immigration benefits now before your country is added to the list of banned countries.
7. If you are a green card holder, no matter what country you were born in, you may be wish to apply for naturalization as soon as possible in order to assure that you will be able to travel abroad and can always return to your home in USA in the future.
8. If you are present in the US on temporary visa and wish to extend or change your status, consult an attorney before filing any application.
9. If you are undocumented, see an immigration attorney to see if there are any possibilities for you to apply for lawful status.
10. If you plan to sponsor a relative for a green card, do so immediately as the family-based categories may be severely restricted in the future.
11. If you are on a temporary working visa and wish to apply for a green card, ask your employer to sponsor you now before it's too late.
12. If you are a dual citizen from one of the seven countries and any other country (except USA), you are not allowed to travel to USA. (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.") 
13. Even if you are a lawful permanent resident of USA and plan to travel internationally or plan to return to USA after a trip abroad, you should consult an attorney.
14. The EO also suspends the “interview waiver” program at US consulates abroad. Importantly, ESTA or the Visa Waiver Program is not directly impacted by the new EO. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

A case from New York: a couple of immigration attorneys, paralegals and other office workers in three law firms in NY were convicted in 2014 for a conspiracy to commit immigration fraud pursuant to 18 U.S.C. § 371. The group was a part of a multi-year conspiracy helping Chinese clients to submit fraudulent asylum applications to federal immigration authorities. 

In 2015, the Second Court of Appeals upheld the convictions. 

This is the most widely-spread kind and unethical kind of immigration fraud. Stay away from the lawyers or "consultants" who offer to help to prepare and submit on your behalf any fraudulent immigration application, petition or form. Never sign any blank immigration forms. Beware of immigration fraud. It can end in a criminal conviction, deportation to follow and other serious consequences.

Briefly in Russian: Несколько адвокатов, юристов, помощников адвоката и сотрудников 3-х юридических фирм в Нью-Йорке были признаны виновными и приговорены к тюремному заключению от 1 года до 4 лет за оказание "услуг", заключающихся в подготовке обманных заявлений на политическое убежище для клиентов из Китая. Они составляли заведомо ложные заявления, придумывали истории своим клиентам, разучивали с ними истории преследования и тренировали их как отвечать на вопросы, чтобы убедить офицера в asylum office или судью в реальности их выдуманных историй, с целью получения политического убежища и затем вида на жительство, и гражданства США.

Держитесь подальше от адвокатов, фирм и "консультантов" или "нотариусов", которые предлагают такие нелегальные и неэтичные услуги. Помните, что и для них и для вас это может закончится печально: судимость, тюремное заключение, депортация и т.п. Такие преступные группировки существуют во многих штатах, не только в Нью-Йорке. За многими из них следит ФБР и сотрудники Департмента Гос Безопасности DHS.

Помните, что поодача заведомо ложного или обманного заявления на политическое убежище или другого иммиграционного заявления или петиции - это уголовнонаказуемое преступление.

Read more here.

Manhattan U.S. Attorney Preet Bharara said, “As the jury found, Feng Ling Liu, Vanessa Bandrich, and Rui Yang assisted immigrants in obtaining asylum status under false pretenses, including by using concocted tales of persecution. These defendants will now join the 27 others who have been convicted in connection with this sprawling immigration fraud scheme.”

According to the Indictment filed in Manhattan federal court, public court filings, and the evidence admitted at trial:

Liu, a lawyer, operated two law firms—the Law Offices of Feng Ling Liu and Moslemi and Associates Inc.—both of which assisted aliens from China in obtaining asylum status through fraud. Liu and her employees profited by creating and submitting asylum applications containing false stories of persecution purportedly suffered by alien applicants. Bandrich worked as a lawyer at one of Liu’s firms, Moslemi and Associates Inc. In that capacity, she prepared certain clients to tell false stories of persecution in immigration court proceedings related to their asylum application. Bandrich also opened a separate law firm, Bandrich and Associates Inc. (Bandrich firm), that assisted clients in obtaining asylum status through fraud. Yang was an office worker at the Bandrich firm and helped the firm’s clients prepare their false asylum applications.

The appelate court upheld the convictions and sentences of a New York City attorney and three law office workers alleged to have been part of an elaborate scheme to fraudulently secure asylum for hundreds of Chinese immigrants. 

The appeals court said the evidence was “more than sufficient” to support the conviction of Vanessa Bandrich, the named partner and lone attorney at Bandrich & Associates, on one count of conspiracy to commit immigration fraud.

In the same ruling, the panel upheld an 11-month prison sentence for office worker Guo Qin Miao and a 41-month prison term given to Yuchang Miao. Yuchang Miao, an alleged ringleader of the scheme, managed a Manhattan law office and was married to Feng Ling Liu, another lawyer convicted in the scheme.

​And more details here. 

Any suspected immigration fraud, including asylum fraud, or other criminal activity can be reported by phone or email to ICE, a law enforcement branch of DHS. Click here. 

Brussels, 29 October 2015.

Big victory for Dutch lawyers and their clients, and also for any other European lawyers who practice law in the Netherlands.

The District Court of The Hague has ruled that surveillance of lawyers by intelligence agencies constitutes an infringement of fundamental rights and orders the State to stop all surveillance of lawyers’ communications. 

Dutch court upholds lower court ruling banning surveillance of lawyers’ communications after successful CCBE intervention. The Dutch State may appeal the ruling within four weeks.

On 27 October 2015, a Dutch Court of Appeal upheld The Hague District court’s ruling in the Prakken d’Oliveira case which ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

In its ruling, the Dutch Court of Appeal dismissed all the grounds of appeal alleged by the Dutch State. The Court indicates that according to case law of the European Court of Human Rights surveillance activities must be subject to review by an independent body with the power to prevent or terminate potential infringements of professional secrecy. The current Dutch surveillance regime does not meet the requirements for such independent control and, therefore, conflicts with the right to privacy (article 8 ECHR) and the right to a fair trial (article 6 ECHR). The Court stresses that information obtained from tapping lawyers may not be shared with prosecutors until an independent review has taken place regarding the legality of that information and the way it was obtained. Even the possibility that information is shared with the public prosecutor can result to people refraining from contacting a lawyer. According to the court, that is a violation of the right to a fair trial and undermines the rationale behind professional secrecy. The Court also ruled that the protection of client confidentiality is not limited to communications with Dutch lawyers but extends to communications with all European lawyers rendering services in The Netherlands as referred to in Directive 77/249/EC.

As a result of these findings the Court of Appeal confirmed the lower court’s ruling.

In welcoming the decision, CCBE President Maria Ślązak commented: “the trust between lawyer and client is, at root, an assurance of due process and the rule of law. It is therefore essential that the confidentiality of lawyer-client communications is always respected. Surveillance measures that could undermine this principle have always to be subject to review by an independent body with the power to prevent and/or terminate the infringement. The fact that this has been reaffirmed by the Dutch Court of Appeal is reassuring and an important step to bring Dutch surveillance policy in line with the right to a fair trial.”

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Background: in May 2015 the CCBE successfully intervened before The Hague District Court in a challenge brought against the Dutch State by the law firm Prakken d'Oliveira and the Dutch Association of Criminal Defence Lawyers (NVSA). The Court was questioned on the legality of eavesdropping by domestic intelligence agencies on lawyers’ calls and communications. In its verdict delivered on July 1st, the court recognised that the ability to communicate confidentially with a lawyer is a fundamental right which is currently being breached under Dutch surveillance policy. The court therefore ordered the Dutch government to stop all interception of communications between clients and their lawyers under the current regime within six months. In response, the Dutch State fast-tracked an appeal against the judgement. In turn, on 25 August, the CCBE challenged the grounds of the appeal.

Transcript of the judgement (in Dutch): http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2015:2881
Transcript of the previous judgement (in Dutch):http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2015:7436 
CCBE wins case against the Dutch State on surveillance of lawyers (press release, 02/07/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0415pdf1_1435843144.pdf 
CCBE takes mass surveillance to court (press release, 27/05/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0315pdf1_1432724578.pdf 
CCBE Statement on mass electronic surveillance by government bodies (including of European lawyers’ data):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_14142013_CCBE_Sta1_1382086457.pdf
Dutch Intelligence Service (AIVD) taps Prakken d'Oliveira lawyers:http://www.prakkendoliveira.nl/en/news/dutch-intelligence-service-aivd-taps-prakken-doliveira-lawyers/

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About the CCBE:

The CCBE represents the bars and law societies of 32 member countries and 13 further associate and observer countries, and through them more than 1 million European lawyers.

Founded in 1960, the CCBE is recognised as the voice of the European legal profession by the EU institutions, and acts as the liaison between the EU and Europe's national bars and law societies. The CCBE has regular institutional contacts with those European Commission officials, and members and staff of the European Parliament, who deal with issues affecting the legal profession. The CCBE is an international non-profit-making association incorporated in Belgium.

Article from my Moscow colleague in Russian below: how to avoid making mistakes when choosing and retaining an attorney, lawyer, immigration attorney; or when deciding whether to file anything, and what steps should be taken to protect and secure your legal rights. 

Why an offer of a "free first consultation" or "free chat with our representative through our website" is usually an indication of a scam and an unqualified lawyer (or even a non-lawyer who pretends to be an attorney) who is ready to "promise" and "guarantee" success to anyone as long as the client is paying, no matter the consequences to a client.

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Как известно, нередко недобросовестные юристы и юрфирмы клиентов привлекают через интернет, где обещают провести бесплатную консультацию (заманивают бесплатными консультациями). 

Например, человек заходит на юридические сайты, где пытается найти ответы на свои вопросы бесплатно. Всплывает окошко чата, где виртуальный оператор предлагает его проконсультировать. Человек излагает проблему. Но будьте уверены, что исчерпывающе и пошагово никто его консультировать не собирается. Его попросят оставить номер телефона. Когда ему перезвонят, то вся суть разговора сведется к тому, что ему пообещают, что *обязательно помогут* и *гарантирую успех* за определенную сумму денег.

Не секрет, что многие предпочитают слышать то, что лишь хотят услышать. Так происходит и при обращении к юристам. Некоторые люди, как им кажется, "знают все сами", а иногда и больше специалистов. Так вот, если некоторым людям добросовестный юрист говорит, что шансов мало или их нет вовсе, они уверенно отправляются к тем юристам, из уст которых они услышат слова поддержки и гарантию успеха.

Следует помнить: 1) бесплатный сыр бывает только в мышеловке, 2) добросовестный адвокат не имеет право гарантировать успех, 3) хороший адвокат не предоставляет бесплатных консультаций, так как зачем ему/ей это нужно, и на это просто нет времени, к тому же хороший адвокат понимает, что самое главное, это предварительно изучить дело клиента и дать ему правильный совет, а только затем переходить к действиям и заключать договор.

Очень полезная статья по-русски от моих московских коллег тут.

USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

Visa Case Status: you can check status of your immigrant visa IV or non-immigrant visa NIV case here.
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USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

USCIS submit electronically I-90, N-400 or I-131A, or pay a Green Card fee online.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator. 

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin. 

How to obtain an official record of admission from CBP, Form I-94. You will need to provide your passport number and a country, first and last names, date of birth. The official I-94 will include an admission number (that you need for several immigration applications and forms), date and class of admission, and expiration date, name and a passport information.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

You can find out current Visa Fees for various visas to USA here. 

Complete a nonimmigrant visa application online: DS-160.

Complete an immigrant visa application online: DS-260.

You can pay your Green Card fee online here. You can find step-by-step instructions here.

Now, you can electronically submit several applications: USCIS Forms I-90, N-400, I-131A.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain silent. (In English, Spanish, Russian, Chinese, Vietnamese, Tagalog, Korean and Arabic).

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule a telephone or Skype appointment with attorney Luba Smal.

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Sometimes in my practice as an immigration attorney, I see people make wrong decisions which then affect their lives for many years, result in separation from family and children; can be a cause of severe depression; and loss of the permanent resident status (aka "green card").

When in doubt or not sure what to do, you should consult with an experienced immigration attorney or contact the US consulate in your home country.

Situation #1:

Child born abroad to Lawful Permanent Resident (LPR) may be allowed to board the plane to the United States, if the child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien of the United States, provided that the child’s application for admission to the United States is made within two years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

Situation #2: 

Child born abroad to an accompanying parent after issuance of an immigrant visa to the parent but prior to the parent’s initial admission as an immigrant may be boarded as long as the child has a passport or is listed in a parent’s passport and is in possession of the birth certificate.

Before traveling to the United States, it's a good idea to contact the U.S. embassy or consulate in your home country to obtain a transportation letter. 

CBP guidance can be found here. 

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.