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U.S. to Restrict Travel from India Over COVID-19 Concerns – Immigration News for May 7, 2021

U.S. to Restrict Travel from India Over COVID-19 Concerns - Immigration News for May 7, 2021

Peri B. Edelman | May 7, 2021

U.S. to Restrict Travel from India Over COVID-19 Concerns

President Biden signed a proclamation barring entry to most individuals who have been in India in the past 14 days. The travel ban does not apply to American citizens or lawful permanent residents of the U.S., as well as their spouses, young children, or siblings, or the parents of any citizen or permanent resident who is under the age of 21. Officials are afraid that the new variant could affect fully vaccinated people.

USCIS Will Suspend Fingerprint Requirement for Spouses of Immigrant Workers

As of May 17, U.S. Citizenship and Immigration Services stated that it would suspend biometric screening requirements for H-4 and L-2 derivative visa holders as a class action filing stated that it was illegal. The biometrics and photographs caused significant delays in processing and kept spouse of H-1B and L-1 visa holders out of work waiting for their own employment authorization document. This is great news!

Supreme Court Rules the Notice to Appear (NTA) Must Be Complete in One Document to Trigger Stop-Time Rule

On April 29, 2021, the Supreme Court held, 6-3 in Niz-Chavez v. Garland, 2021 WL 1676619 (U.S. 2021), that a Notice to Appear (NTA) for removal proceedings must provide all statutorily required information in a single document to stop a foreign national's accrual of continuous presence time toward eligibility for cancellation of removal.

Supreme Court Considers Effect of Changed Law on Removal Orders Supporting Reentry Prosecutions

On April 27, the Supreme Court heard oral arguments in United States v. Palomar-Santiago, No. 20-437, 141 S. Ct. 975 (2021), presenting the question of whether an unlawful reentry defendant who was removed for a crime that would not create removability under current law has, by proving that fact alone, satisfied all requirements under INA § 276(d) for showing the removal order's inability to support a criminal prosecution. This matter is awaiting a decision.

Biden Raises Refugee Cap

On Monday, President Biden raised the nation's cap on refugee admissions to 62,500 this year from 15,000.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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Supreme Court Sides with Undocumented Immigrant Fighting Deportation – Immigration News for April 30, 2021

Woman With An American Flag

Supreme Court Sides with Undocumented Immigrant Fighting Deportation - Immigration News for April 30, 2021

Woman With An American Flag

Peri B. Edelman | April 30, 2021

This was a great week for a few of my clients—5 of them were issued their green cards, and 1 was approved for an H-1B non-immigrant visa. With all the 5 people who were issued their respective green cards, I was their second or third attorney. Their previous attorneys were unsuccessful, and they came to me as their last hope. They are all so happy and can not wait to visit their family in their home countries, and that they have the legal ability to work in the United States.

Supreme Court Sides with Undocumented Immigrant Fighting Deportation

Yesterday, Gorsuch, writing for the 6-3 majority, held that the US government had erred by sending two documents to the immigrant instead of one. He explained that the Illegal Immigration Reform and Immigrant Responsibility Act says that an undocumented immigrant seeking to fight removal can be served with a “Notice to Appear." But here, the immigrant was sent two Notices to Appear with different information. Gorsuch was joined by conservative Thomas, Justice Amy Coney Barrett and the three liberals on the Court in the 6-3 decision.

Biden Recommends Watered Down Immigration Bill to Facilitate Passage

President Biden urged Congress to help bring an “end to our exhausting war on immigration,” saying that if they won’t pass his comprehensive bill, they should at least approve pieces of it “this year.” Those include a citizenship path for immigrants brought illegally to the U.S. as children (DACA) recipients, farm workers and those with Temporary Protected Status (TPS). 

DHS Ends Fines as Penalties for Unlawful Presence

On April 23, 2021, the U.S. Department of Homeland Security (DHS) rescinded the authority for Immigration and Customs Enforcement (ICE) to impose civil financial penalties on noncitizens who fail to leave the U.S. DHS said ICE stopped issuing such penalties on the first day of the Biden administration. The rescission marks ICE's latest action toward focusing its limited resources on those noncitizens posing the greatest risk to national security and public safety in accordance with its guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021.

Executive Office for Immigration Review (EOIR) Operations Status

In New York City, hearings in non-detained cases are postponed through and including June 11, 2021. For my cases that were scheduled for April and May 2021, some have already been scheduled, others I am still waiting for the court to reschedule. Please be patient.

Department of Justice (DOJ) Rescinds Trump Administration “Sanctuaries City” Policy

Attorney General Merrick Garland has rescinded a Trump-era 2017 memo limiting $250 million in funding to local police departments if they did not agree to work with Immigration and Customs Enforcement officials.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status to Seek Adjustment of Status – Immigration News for April 23, 2021

Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status to Seek Adjustment of Status - Immigration News for April 23, 2021

statue-of-liberty

Peri B. Edelman | April 23, 2021

Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status (TPS) to Seek Adjustment of Status

The issue before the Supreme Court is whether approximately 400,000 immigrants who hold TPS from 12 different countries such as El Salvador, Yemen, Honduras, and Syria could adjust their status to legal permanent residence also known as a “green card.” Under TPS, the USCIS has allowed those recipients to stay here due to unsafe conditions is their home countries.

Lower courts are divided about whether those who entered the country illegally meet a requirement of the law whether they were “inspected and admitted or paroled into the United States” which is required to become a legal permanent resident in the United States.

Given the fact the most holders of Temporary Protected Status entered the United States without being “inspected and admitted or paroled into the United States,” the Supreme Court is likely to leave it Congress to change the law.

U.S. Adds 116 Countries to its “Do Not Travel” Advisory List

The U.S. State Department has added at least 116 countries this week to its “Level Four: Do Not Travel” advisory list, putting the UK, Canada, France, Israel, Mexico, Germany, and others on the list, citing a “very high level of COVID-19.” 

 On Monday, the State Department said it would boost the number of countries receiving its highest advisory rating to about 80% of countries worldwide. 

ICE, CBP to stop using “Illegal alien” and “Assimilation” Under New Policy

U.S. immigration enforcement agencies will stop using terms such as “alien,” “illegal alien” and “assimilation” when referring to immigrants in the United States. Now, “alien” will become “noncitizen or migrant,” “illegal” will change to “undocumented,” and “assimilation” will change to “integration.” 

Phony Immigration Attorney Receives Sentence of 20 Years in Federal Prison

On April 13, 2021, Senior U.S. District Judge Virginia M. Hernandez Covington sentenced Elvis Harold Reyes, who portrayed himself to be an immigration attorney and was never an attorney, to 20 years and 9 months in federal prison for mail fraud and aggravated identity theft. Reyes’ sentence was based on a scheme in which he posed as an immigration attorney and filed hundreds of fraudulent asylum applications.

Reyes filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. The victims were not informed of the answers Reyes provided on their behalf. In addition, Reyes did not tell the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection.

Unscrupulous consultants and attorneys frequently take advantage of vulnerable immigrants coming to the U.S. Immigrants seeking visas and green cards must avoid these scams to prevent long-term consequences to their immigration status. Many clients have come to my office as victims of these schemes from actual attorneys.  I have been flabbergasted over the years by this behavior.  It is a travesty.   

Former President George Bush Continues to Press for Immigration Reform

Former President George W. Bush said Sunday that Congress should tone down its "harsh rhetoric about immigration" and pass comprehensive reforms, which he bemoaned he could not get through when he was president. The former president made immigration a significant part of his second-term agenda, giving a major 2006 speech laying out his vision for a strict but welcoming immigration system. In 2007, the former president unsuccessfully pushed for an overhaul of the US immigration system and has stated that failure to act on immigration is one of the great regrets of his presidency.  

When I was a young attorney, an acquaintance, who had a significant rank in the Republican party, asked if I would provide Immigration Reform suggestions for the George W. Bush 2000 Presidential platform. A couple of my recommendations were used in that campaign. I was honored to attend the Republican National Convention in Philadelphia in 2000. 

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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New Lawsuit Challenges Biden Administration Covid-19 Visa Policies – Immigration News for April 16, 2021

Wooden Gavel

New Lawsuit Challenges Biden Administration Covid-19 Visa Policies - Immigration News for April 16, 2021

Wooden Gavel

Peri B. Edelman | April 16, 2021

New Lawsuit Challenges the Biden Administration Covid-19 Visa Policies

A new lawsuit challenges the State Department’s refusal to issue visas in countries the Biden administration maintains coronavirus-related restrictions on entering the United States. Immigration attorneys argue that the current policy is not advancing public health since entering the United States must show a negative Covid-19 test result prior to flying to the United States. Further, individuals in certain visa categories and individuals with previously issued valid visas are permitted to enter America, while other individuals in other categories are refused visas.

F-1 Students Seeking Optional Practical Training (OPT) Can Now File Form I-765 Online

On Monday, the U.S. Citizenship and Immigration Services announced that F-1 students seeking optional practical training (OPT) can now file Form I-765 Application for Employment Authorization, online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering, and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

Biden Administration Faces Huge Visa Backlogs

As background, in March 2020, citing the Covid-19 pandemic, the State Department suspended routine visa services at embassies and consulates around the world. In April 2020, President Trump issued and twice extended a proclamation suspending the entry of most immigrants who didn't already have valid visas until March 31, 2021. The State Department interpreted the bar on entry as also stopping it from issuing most immigrant visas, according to lawsuits against the agency. Although, by July, former Secretary of State Pompeo began permitting consulates and embassies reopen for limited visa operations, most remained closed for all but emergency services, State Department legal filings show.

In legal filings, the State Department stated that because of illnesses and other issues, after Pompeo gave posts the option to reopen, in August 2020, more than two thirds of the 143 US consular posts didn't schedule a single immigrant visa interview. Even by January 2021, a third of consulates and embassies still were unable to schedule a single visa interview.

In February 2017, according to Rebecca Austin, assistant director of the National Visa Center at the State Department, there was a backlog of 2,312 family-preference visa applications. Over the next three years, that backlog more than doubled and doubled again, reaching 26,737 by Feb. 8, 2020. Then, by February 8 of this year (due to pandemic closures), the backlog has grown to nearly 285,000, she said in a declaration to a federal court in California.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. To learn more about the immigration help I can provide, visit my Services page. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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ICE Deportations & Arrests Fall Sharply – Immigration News for April 9, 2021

Two Women Draped In American Flag

ICE Deportations & Arrests Fall Sharply - Immigration News for April 9, 2021

Two Women Draped In American Flag

Peri B. Edelman | April 9, 2021

Deportations and Arrests Fall Sharply

ICE has significantly decreased its arrests and deportations of immigrants in the United States during the Biden Administration, as the new administration redirects enforcement within the U.S. to focus on those with a criminal record. ICE’s detention of immigrations—which was above 56,000 in 2019, fell to 14,000 in March 2021.

U.S. Department of State Issues Update Regarding Public Charge Rule

The Department of State (DOS) has posted an update related to the change in the public charge ground of visa ineligibility. The DOS notes that the U.S. Department of Homeland Security (DHS) has reinstated Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, which allows certain applicants to seek an exemption from the affidavit of support requirement.

These applicants include:

  1. individuals who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA)
  2. children who will become U.S. citizens upon entry to the United States
  3. self-petitioning widow(er)s, and
  4. self-petitioning battered spouses and children

The Justice Department Plans to Speed Up Immigration Court Cases

On April 2, 2021, the U.S. Department of Justice U.S. Department of Justice's Executive Office for Immigration Review (EOIR) issued a new policy. It is permitting non-detained individuals with attorneys to skip master calendar hearings (initial hearing) and go right into the briefing stage of the pleadings.

According to the EOIR, the new process will be available for individuals who notify the court of their representation at least 15 days from a calendar hearing. Instead of conducting that preliminary hearing, an immigration judge will issue a scheduling order, setting deadlines for written pleadings and to provide evidence for or against removal. Immigration attorneys have argued that it is a violation of due process. Currently, the immigration courts have over a 1.3 million case backlog.

Department of Homeland Security Plans on “Going After” Smugglers Fueling Migrant Surge on Mexico Border

The U.S. government plans in the next 90 days on “going after” smuggling and trafficking organizations that the Biden Administration accuses of manipulating migrants into traveling to the U.S.-Mexico border.

The U.S. government plans in the next 90 days on “going after” smuggling and trafficking organizations that the Biden Administration accuses of manipulating migrants into traveling to the U.S.-Mexico border.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. To learn more about the immigration help I can provide, visit my Services page. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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H-1B Cap Season Update for Fiscal Year 2022 – Immigration News for April 2, 2021

White House In Washington DC

H-1B Cap Season Update for Fiscal Year 2022 - Immigration News for April 2, 2021

White House In Washington DC

Peri B. Edelman | April 2, 2021

H-1B Cap Season Update for Fiscal Year (FY) 2022

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it received enough electronic registrations during the initial registration period to reach the FY 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master's cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selection registration.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. It shall be noted that selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

DHS Extends Form I-9 Requirement Flexibility

On March 31, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire on March 31. As a result of ongoing COVID-19 precautions, DHS has extended the Form I-9 flexibility policy until May 31, 2021.

The Term “Alien” Will No Longer be Used in the Immigration Policy Manual

USCIS officials are planning to remove references to immigrants as “aliens” in the agency’s policy manual and replace it with the term “foreign nationals.”

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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Beware of These 5 Immigration Scams

Immigration Paperwork Scattered Across A Desk With The Word Scam Written Across It

Beware of These 5 Immigration Scams

Immigration Paperwork Scattered Across A Desk With The Word Scam Written Across It

Peri B. Edelman | March 30, 2021

In 2016, Josefa Siverio was charged in Miami for immigration fraud. Claiming to be an “immigration consultant,” she charged clients thousands of dollars in fees to prepare and submit petitions. Instead of directing their checks and money orders to the USCIS, she had her clients write checks to herself, and kept the money. Thus, the applications of her 100+ clients were denied.

While Josefa Siverio was eventually caught, she is not an anomaly. I have had hundreds of clients come to me after falling victim to immigration scams. Unscrupulous consultants and attorneys frequently take advantage of vulnerable immigrants coming to the U.S. Immigrants seeking visas and green cards must avoid these scams to prevent long-term consequences to their immigration status.

  1. Fraudulent Asylum Claims: Many clients come to me after their previous attorneys have filed them for asylum without a valid claim to do so. These attorneys promise hopeful immigrants that they can get an employment authorization; these clients have no clue that their attorney is actually filing a frivolous claim for asylum. Since these individuals are not actually eligible for asylum, their cases are placed under Removal Proceedings and they face deportation from the United States, resulting in the need for a deportation lawyer.
  2. H1B Visa Scam: Especially popular in India, the H1B job offer scam frequently preys on recent graduates and professionals looking for work visa sponsorship from a United States company. A fraudulent business will make a job offer and promise sponsorship, and make the worker pay the company to work in the United States.
  3. Notarios: In the U.S., a notary public is a person who witnesses people sign documents. In many Latin American countries, however, a “Notario” is a legal representative. This misleading translation enables individuals to pose as licensed representatives who are qualified to prepare and submit immigration paperwork. Unfortunately, these “professionals” are nothing more than fraudsters who charge immigrants to file false claims, incorrect forms, or, in some cases, nothing at all. These scammers frequently target small communities where they will be trusted because they speak Spanish.
  4. Copycat Emails and Websites: Some websites and emails bear striking resemblance to USCIS communications, but are in fact fraudulent. These websites will frequently charge for forms that are otherwise available for free and/or collect payments through money orders on their website. Emails claiming to be from USCIS will cite bogus laws in order to collect payments and/or offer to help immigrants “cut the line” in return for a fee. Remember, all web and email addresses from the USCIS will end in “.gov.”
  5. Scare Tactics: Unscrupulous attorneys and “notarios” (posing as attorneys) will often scare clients with false threats of deportation in order to charge egregious up-front fees. Similarly, individuals posing as ICE agents will demand money in order to avoid arrest. Attorneys may also promise a “golden opportunity” through the Diversity Immigrant Visa lottery program, and again demand urgent payment.

Unfortunately, falling victim to any of these scams can seriously threaten an immigrant’s finances and immigration status. Remember that only accredited representatives and licensed immigration attorneys are authorized to assist with immigration cases. My team and I pride ourselves on integrity and compassion, which is the reason I routinely have turned down potential clients where I see no chance of a successful outcome. An ethical immigration attorney will provide an honest evaluation of your case and not make any guarantees.

If you have questions about the immigration process, check out my guide on how to get a green card in NYC or contact my office.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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Department of Labor Proposes Delaying Prevailing Wage Rule – Immigration News for March 26, 2021

American Flag In Front Of US Department Of Commerce Building

Department of Labor Proposes Delaying Prevailing Wage Rule - Immigration News for March 26, 2021

American Flag In Front Of US Department Of Commerce Building

Peri B. Edelman | March 26, 2021

Three of my clients were issued green cards yesterday. One of my male clients received a green card under the Violence Against Women Act (VAWA), and the other two clients through their T non-immigrant status (victims of human trafficking).

The USCIS has been scheduling many adjustment of status (green card) interviews throughout March and April.

Many clients have been calling me about the issuance of receipt notices after filing with the USCIS. The USCIS has had significant delays due to Covid-19. It has been taking sometimes 8 weeks for the USCIS to issue a receipt notice. Please be patient.

Department of Labor (DOL) Proposes Delaying Prevailing Wage Rule for H-1B, H-1B1, E-3, and PERM Programs to November 2022

After taking public comments, DOL confirmed that the rule's original March 14 effective date would be postponed. Had the rule taken effect as planned, implementation of new prevailing wage levels would have begun on July 1. Days after moving the effective date of proposed prevailing wage increases to May 14, 2021, the Department of Labor (DOL) has proposed further delaying the final rule until November 14, 2022.

The final rule would have triggered a phase-in period of a year and a half for most jobs and three and a half years for workers on a path to lawful permanent residence, during which employers would be required to increase the wages offered to foreign workers in the H-1B, H-1B1, E-3, and PERM programs. DOL previously claimed that these increases were essential to protect U.S. workers.

DOL's most recent notice states that a further 18-month delay “will provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a separate Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels."

Proposed Affidavit of Support Rule Withdrawn

On March 19, 2021, the Department of Homeland Security (DHS) announced the withdrawal of the affidavit of support proposed rule introduced during the previous administration. The proposed rule would have would have imposed higher qualifying and evidentiary requirements, including production of tax returns, banking information, and credit reports for 3 years instead of one year. Moreover, these requirements would have placed new, costly burdens, estimated at $2.4 billion over the next decade, on U.S. citizens and lawful permanent residents signing an affidavit of support on behalf of intending immigrants.

Vice President Harris is Leading Efforts to Curb Migration at the Border

Vice President Kamala Harris will take the lead for the Biden administration on the surge of unaccompanied minors and other immigrants seeking asylum along the US-Mexico border. Harris under her new role will be working on establishing a partnership with Mexico, and the northern triangle of Honduras, Guatemala and El Salvador to curb the flow of migrants to the U.S. More than 15,000 unaccompanied children were in US custody as of March 21.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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House Passes DACA & TPS Bills – Immigration News for March 19, 2021

American Flag In A Sunny Field

House Passes DACA & TPS Bills - Immigration News for March 19, 2021

American Flag In A Sunny Field

Peri B. Edelman | March 19, 2021

House Passes 2 Immigration Bills Yesterday that Could Establish a Pathway to Citizenship for Millions

This bill is for "Dreamers" that is recipients of Deferred Action for Childhood Arrivals (DACA), and individuals who have Temporary Protected Status ("TPS"). The legislation stands to make up to 4.4 million individuals eligible for permanent residence.

Now, it will go to the Senate where it will likely face a tough fight.

USCIS Will Revisit Some H-1B Applications Denied Under Trump Administration

Last Friday, U.S. Citizenship and Immigration Services (USCIS) said it would reconsider applications for H-1B work visas that were denied under Trump administration policies recently rescinded by the agency.

USCIS will revisit some decisions based on two memos that made it more difficult for staffing firms to obtain H1-Bs for workers assigned to third-party sites, and a 2017 memo that narrowed the types of “computer workers” eligible for visas.

Biden Administration Cancelled Public Charge Rule

As of March 9, 20121, the USCIS is no longer applying the August 2019 Public Charge Final Rule required by the previous administration. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

USCIS will issue additional guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944, Declaration of Self-Sufficiency; and will not reject Form I-129, Form I-129CW, Form I-539, or Form I-539A based on whether the public benefits questions (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)) have been completed or left blank.

The Biden Administration has Deployed FEMA to the Mexican/American Border to Address the Surge of Migrants

The Department of Homeland Security said Saturday that the Biden administration is deploying the Federal Emergency Management Agency to the Mexican border to help care for thousands of unaccompanied migrant teens and children who are arriving in significant numbers and being transferred into detention cells and tent shelters.

The deployment marks another escalation in the administration’s response to the growing crisis at the border. This has been the largest surge in migration in more than 20 years. It is part of what DHS said would be a 90-day government-wide effort at the border, where an unprecedented number of minors are arriving without their parents each day and must be sheltered and cared for until they can be placed with a vetted sponsor, usually a parent or relative already living in the United States.

Border Closures Extended Through April 21

The U.S., Canada, and Mexico have agreed to extend their mutual border closures to non-essential travel by land or ferry through April 21, 2021, due to the ongoing threat of COVID-19. Air travel is not an issue.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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U.S. Supreme Court Throws Out Trump Public Charge Rule Fight – Immigration News for March 12, 2021

US Supreme Court Building

U.S. Supreme Court Throws Out Trump Public Charge Rule Fight - Immigration News for March 12, 2021

US Supreme Court Building

Peri B. Edelman | March 12, 2021

U.S. Supreme Court Throws Out Trump Public Charge Rule Fight

On Tuesday, the Biden administration notified the Supreme Court that it will no longer defend a government policy seeking to impose new limits on the admission of immigrants considered likely to become a "public charge." Biden administration agreed with the local governments challenging the policy that the cases should be dismissed.

Biden Grants Temporary Protected Status (TPS) to Venezuelan Nationals

On Monday, the Biden Administration announced it would grant TPS to Venezuelans already in the United States. This will allow an estimated 320,000 people, who mainly reside in Florida, to apply to legally live and work in the United States for 18 months. To be eligible, applicants must show continuous residence in the U.S. as of Monday, March 8. The U.S. Department of Homeland Security will announce a 180-day registration period when applications can be filed with U.S. Citizenship and Immigration Services.

Temporary Protected Status, or TPS, is a temporary benefit that grants protection from deportation and permission to work to people who are unable to return to their countries because of natural disasters, violent conflicts and other conditions.

ICE Data Shows Immigration Arrests Have Fallen Significantly Under President Biden

President Biden’s orders to rein in U.S. Immigration and Customs Enforcement led to a sharp drop in arrests by the agency last month, even though a federal judge in Texas has blocked the new administration’s 100-day “pause” on deportations.

The number of immigrants taken into custody by ICE officers fell more than 60 percent in February compared with the last three months of the Trump administration, according to data reviewed by The Washington Post. ICE statistics show deportations fell by nearly the same amount.

Biden Administration Seeks Foreign Aid to Slow Migration

The Biden administration is making a new push to address the causes of migration from Central America as it faces a surge at the southern border. The number of unaccompanied children stopped along the border has tripled in the last two weeks, according to multiple outlets. One would find a pathway for recipients of DACA. The other would establish a pathway for illegal migrant farm workers to secure legal status.

House to Debate Immigration Reform as Republicans Blame Biden for Border Crisis

Next week, the House will debate two bills aimed at fixing “our broken immigration system.” according to sources.

One, the American Dream and Promise Act, would establish a path to citizenship for DACA recipients. The other, the Farm Workforce Modernization Act, would establish a pathway for illegal migrant farm workers to secure legal status.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.