March 2011

Your TAXES and IMMIGRATION Consequences

It is that time of year again . . . to pay your dues to Uncle Sam! But besides just being the only certainty along with death (as the adage goes), taxes can also be necessary for your immigration status. Let us explore how paying, or not paying, your taxes can affect your status in the United States.

USCIS Remedies Delayed Immediate Relative Petitions

In November 2010, the California Service Center (CSC) had transferred about 36,000 I-130 Alien Relative Petitions for Immediate relatives to the Texas Service Center (TSC). Given its caseload, the CSC had anticipated that this transfer would redistribute its workload and result in more efficient adjudication of the petitions. However, due to unpredictable reasons, the petitions became delayed instead.

In order to remedy these delays, the USCIS formulated a plan to expedite these cases. USCIS has transferred many of these Immediate Relative petitions back to the California Service Center. On these delayed petitions, petitioners should have now received a response, such as either an approval, denial or a request for evidence on their case by the end of February 2011.

As a part of its remedial efforts, the USCIS has gone a step further and also notified the Department of State's National Visa Center (NVC) about this problem. This may help for those cases in which the immigrant is seeking an Immigrant Visa and will be filing applications with the NVC.

If you or someone you know, have a petition delayed beyond the normal processing time, contact an experienced immigration attorney for immediate assistance.

USCIS Offers an Extension for Visitors affected by Japan Earthquake

In wake of the recent earthquake in Japan, the USCIS has set a procedure to extend the status of affected travelers.Click here to review the full story.

In This Issue

Newsletter Issues


USCIS to Replace Advance Parole Form

Currently, when an applicant for Adjustment of Status applies for travel authorization, he or she receives a paper document to travel.

However, since February of 2011, USCIS started issuing a single card for employment and travel authorization for certain applicants filing for Adjustment of Status. This card is considered an improvement over the previous paper travel document.

As always however, travelers are cautioned to consult with an attorney before departing the United States. Their departure could have serious legal consequences, such as being barred from the United States for 3 or 10 years.

Improvement to E-Verify for Employers

Starting March 18, applicants for employment will be able to confirm their eligibility for employment under the immigration law by using the online E-Verify system.

E-Verify is an online system, which has permitted employers to verify a job applicant's legal authorization to work in the United States. However, there have been problems, where the system does not contain accurate or up-to-date information on the applicant.

Thanks to the improvement in the system, an applicant can now preview his or her own eligibility for employment as shown in E-verify and request the government to make any necessary corrections prior to applying for a job.

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