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Immigration Law Blog

Biometric Services Appointment Errors on May 4, 2018

Biometric Services Appointment Errors on May 4, 2018

The USCIS has just announced that there has been a processing error on May 4, 2018. The error took place when the USCIS mailed out appointment notices for biometric services with incorrect Application Support Center locations. This applies to petitioners that filed for a Petition to Remove Conditions on Residence, which is Form I-751. If any individuals receive a notice with a date of May 4, 2018 for biometric service appointments, they may notice that the Application Support Center is located out of the geographic area.

Individuals will not need to travel out of the normal geographic area if they have received a notice with an incorrect location. The USCIS will be mailing out new appointment notices on June 8, 2018 to petitioners that failed to reschedule their appointment or have a walk in appointment at their normal Application Support Center.

Anyone who has received an incorrect appointment notice can either wait until they receive the new appointment notice (mailed out on June 8) or they can go to their usual location as a walk-in. Like any other situation where an individual appears as a walk-in, it is important to be aware that there may be a longer wait than there would be if the individual had an appointment.

The list of locations for Application Support Centers are located on the USCIS website.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

USCIS Recalls Green Cards for Over 8,000 Permanent Residents

USCIS Recalls Green Cards for Over 8,000 Permanent Residents

The United States Citizenship and Immigration Services agency announced on May 14, 2018, that they will have to recall 8,543 Permanent Resident Cards, which are also commonly referred to as a Green Card. There was an unfortunate production error on these cards that may impact the date in which these cardholders are able to become eligible to apply for citizenship. The individuals who were impacted by the incorrect cards were spouses of U.S. citizens who removed conditions of residence. The incorrectly dated Green Cards were mailed to permanent residents between February 2018 and April 2018.

If an individual has been issued an incorrect card, they will be notified by the USCIS. Individuals who have been affected by the mistake should make sure that they return the incorrect Permanent Resident card to the USCIS within 20 days of receiving the notice of error. If the individual lives close to a USCIS field office, they may also return their card within 15 days that way. The USCIS will provide these individuals with new, correct Permanent Resident Cards within 15 days of receiving the card that was incorrectly dated.

It is important to be aware that simply because an individual has to return their Green Card, they still have a lawful permanent resident status. If they have to prove this status while they wait for their replacement card to arrive, they should contact an attorney or the USCIS as soon as possible.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

What are Employment Authorization Documents?

What are Employment Authorization Documents?

Often, when an individual enters the United States as a permanent resident or on a visa, they wonder what their options for employment are. When an individual applies for work, the hiring employer has to ensure that all of their employees are authorized to work in the United States. They will often look for Employment Authorization Documents as proof that an individual is permitted to work within the United States for a certain period of time.

Those who will be required to apply for an Employment Authorization Document include the following individuals:

  • Those who are authorized to work in the United States as a result of their immigration status but need evidence that they are authorized to work
  • Those who are required to apply for permission to work because they still need to request employment authorization
    • This often applies to those who still have pending asylum status, permanent resident status, or are in the processes of adjusting their status

Please be advised that lawful permanent residents do not need to apply for an Employment Authorization Document. Instead, permanent residents are permitted to use their Green Cards as evidence that they are authorized to work in the United States.

If you have questions about your employment eligibility in the United States, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Green Card by Marriage: How do I remove conditional residency?

Green Card by Marriage: How do I remove conditional residency?

When an individual comes to the United States by marrying a current U.S. citizen or permanent resident, they are issued a conditional permanent resident status. The Green Cards that are issued in this situation are only valid for 2 years. Towards the end of the two-year period, the Green Card holder will be responsible for applying to have the conditions on their status removed, if they desire to stay in the United States. Within 90 days of the end of the expiration date on the Green Card, an individual must determine whether they fit the following eligibility criteria to have the conditions removed.

  • The individual is still married to the same U.S. citizen or permanent resident after two years
  • The individual entered into the marriage in good faith but the spouse passed away during the two years
  • The individual entered into the marriage in good faith but the marriage ended through either divorce or annulment
  • The individual entered into the marriage in good faith but they became the victim of abuse by the U.S. citizen or permanent resident spouse

In order to apply to have conditions removed, the individual must file Form I-751 within 90 days of the expiration date of the Green Card. If the individual is late in filing, they may be subject to removal proceedings.

If you have questions, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

E-Verify System Update for U.S. Employers of International Workers

E-Verify System Update for U.S. Employers of International Workers

United States employers that hire foreign workers often have to use the E-Verify program to confirm the eligibility of their employees through the United States Citizenship and Immigration Services agency. The program was down for the last two days but is now up and running with system enhancements that will improve the user experience. The purpose of the updates was to allow users to increase the overall accuracy of the employment eligibility verification process.

Some of the improvements that were part of the modernization include the following:

  • Features that aim to assist users in entering accurate information into E-Verify
  • Those who make errors entering data will receive real-time feedback so it can be resolved quickly
  • Decreased number of steps to either create or close a case
  • Users can now upload pictures of needed documents using their phone or tablet
  • Enhancements to United States Citizenship and Immigration Services security as well as additional features for employer accountability

Employers and federal contractors are able to use the E-Verify program to quickly and efficiently determine whether a current or prospective employee has the appropriate visa to be able to legally work in the United States. If an employer has questions about petitioning for a foreign employee, it may be beneficial for them to speak with an experienced immigration law attorney.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

H-1B Random Selection Cap Filled for FY 2019

H-1B Random Selection Cap Filled for FY 2019

The United States Citizenship and Immigration Services agency recently made an announcement in regards to the H-1B visa cap for the fiscal year 2019. The random selection process for choosing H-1B visas as well as the exemption for the U.S. advanced degrees, which is also referred to as the master’s cap, took place on April 11th. During the filing process, which only took place between April 2 and April 6th, the USCIS received 190,098 petitions for H-1B visas.

The statutory cap for H-1B visas is 65,000 while the master’s cap is 20,000 petitions. The selection process for the master’s cap visas took place first and those that were not selected were added to the rest of the 65,000 selection process so they still had a chance at selection. There are certain petitions that are exempt from both of these caps so therefore, they will still continue to be selected by the USCIS. Some of the petitions that will still be accepted and processed include the following:

  • Petitions that were filed to extend the amount of time the current H-1B worker wishes to stay in the United States
  • Petitions that allow current H-1B workers to change employers or work in a second H-1B job
  • Petitions that were filed to change the terms of employment for current H-1B workers

If you have questions about H-1B visa petitions, contact us today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Be Sure to Update Change of Address on USCIS

Be Sure to Update Change of Address on USCIS

When an individual living in the United States on an immigration visa makes the decision to move to a new residence, it is essential that they inform the United States Citizenship and Immigration Services agency as soon as possible. In fact, the USCIS announced this week that they are actually planning to destroy certain documents that get returned by the United States Postal Service because they were sent to an incorrect address. The documents that are subject to destruction after a 60-day period without being claimed include Permanent Resident Cards, Employment Authorization Cards, and Travel Documents.

If an individual moves to a new residence, it is important that they report a change of address to the United States Citizenship and Immigration Services within 10 days from the date that they moved. It is important to note that certain individuals are exempt from this requirement. Those who are not required to submit change of address information within 10 days from the date of the move include diplomats with visa status A, official government representatives to an international organization with visa status G, and certain nonimmigrants who do not have a visa and are only going to stay in the United States for less than 30 days.

If you have questions, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Processing Times to be Posted on USCIS

Processing Times to be Posted on USCIS

One of the biggest issues that the United States Citizenship and Immigration Services has had when it comes to applications for matters related to immigration is the amount of time it is taking to process the forms. Many people who have submitted forms and applications feel left in the dark and uncertain when they don’t know how long it will take for them to find out the status of their applications, which is entirely understandable. The USCIS has recently announced that it has created a webpage that will provide people with information regarding how long it will take for the USCIS to process a form that they have submitted. It is important to note that this is currently only going to be applicable for four forms in the initial pilot program. However, if the program is successful, it may be expanded to other forms. The current pilot test showing processing times is available for the following forms:

  • Form N-400, which is an Application for Naturalization
  • Form I-90, which is an Application to Replace Permanent Resident Card
  • Form I-485, which is the Application to Register Permanent Residence or Adjust Status
  • Form I-751, which is the Petition to Remove Conditions on Residence

If you have questions about USCIS forms, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

What should I know about removing conditions?

What should I know about removing conditions?

Sometimes, permanent residents in the United States has “conditions” placed on their green card. These conditional permanent resident cards are only valid for two years. However, if the individual would like to continue being a permanent resident and living in the United States, they must file a petition that aims to remove the conditions within 90 days before the permanent resident card expires. If an individual fails to file this petition to remove conditions, they will lose their status as a permanent resident.

When an individual has conditions for either marriage or for entrepreneurship, they will have to file different petitions. Those who have conditions on their permanent resident card because of marriage must file Form I-751, Petition to Remove the Conditions of Residence. When an entrepreneur wants to remove conditions from their green card, they will have to file Form I-829, Petition by Entrepreneur to Remove Conditions.

When a dependent child is listed on a Petition to Remove the Conditions of Residence, the parent who is filing the form is required to also submit an additional biometric services fee of $85. It is important to note that this is true for each individual dependent child, so if there were three dependent children listed, the parent must pay an additional $255.

If you have questions about removing conditions, contact us today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Syrians Protected By TPS: Be Sure to Re-Register

Syrians Protected By TPS: Be Sure to Re-Register

The United States Citizenship and Immigration Services agency announced this week that Syrian nationals who are currently benefiting from Temporary Protected Status should be sure to re-register for TPS. The re-registration period began on March 5, 2018, and expires on May 4, 2018. In order to re-register for TPS, all applicants are required to submit the Application for Temporary Protected Status, which is Form I-821.

In addition to needing to reapply for Temporary Protected Status, individuals will also have to re-submit their Employment Authorization Documents if they wish to continue working during their time in the United States. In order to re-submit the EAD, they will have to submit Form I-765, which is an Application for Employment Authorization. The individual is able to do this either along with the Application for Temporary Protected Status or they can submit it separately.

The United States Department of Homeland Security determined in January 2018 that after assessing conditions in Syria that the Temporary Protected Status option should be extended for an additional 18 months. Before the new expiration date of September 30, 2019, the Department of Homeland Security will reassess the conditions and determine whether TPS should be extended again or if this protection should be terminated and conditions in Syria have improved over the previous 18 months.

If you have questions about TPS, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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