November 1, 2017
November is here and along with the chilly winds are important USCIS and Department of Defense (DoD) updates. If you are eligible for the Diversity (Green Card) Lottery, consider submitting an application soon - the deadline is November 22, 2017 EST. Also, don't forget to set your clock back an hour on November 5. And, if you enjoy reading our newsletter, please share!
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USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension Petitions
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On October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Guidance instructing its officer to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The updated guidance applies to mostly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker. This reflects an opposing view from the previous policy, which instructed officers to give leeway to previously approved petitions as long as the main elements were unchanged. The updated policy guidance rescinds the previous policy.
This will result in the same level of difficulty for obtaining an extension as it is for first time applications.
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New USCIS Form Streamlines Process to Obtain Work Authorization and SS No
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Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form - the updat
ed Form I-765, Application for Employment Authorization.
To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA.
Applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.
EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual's eligibility for certain benefits.
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Green Card Lottery Deadline- Nov 22
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Due to technical problems, the DV-2019 lottery entry period that began on October 3 has been closed and canceled. Entries submitted between October 3-10 are
not valid
and have been excluded from the system. Applicants must reapply and the second application will not count as a duplicate entry. The technical issue has been resolved and a new entry period began at noon, U.S. Eastern Daylight Time on Wednesday, October 18, 2017 and will run until noon Eastern Standard Time on Wednesday, November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. The US Department of State advises applicants to throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10.
For individuals registering through our Visa Lottery Registration, Jaensch Immigration Law assures your entry. If you would like to register,
click here
.
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Urgent Practice Alert, ALL Military Naturalizations Halted
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This new DOD policy affects ALL currently serving immigrants:
On Friday, October 13, 2017, the US Department of Defense halted ALL military naturalizations for all currently serving members of the US Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard, and their Reserve Components, including the National Guard). This happened as a result of changes to policies regarding initial screening of Lawful Permanent Residents (LPRS - Green Card holders) and qualifying service for the purpose of expedited military naturalization (citizenship). It is not clear when naturalizations will resume since every immigrant seeking to naturalize now needs to complete security and suitability screening. The DOD authorized the following changes:
- "Effective immediately, all green card holders must complete a background investigation and receive a favorable military security suitability determination prior to entering any component of the armed forces." This is change from the prior policy that allowed LPS recruits to begin initial training as long as their background investigations had been initiated. This clearance procedure can take up to a year.
- "Effective immediately, in order for a foreign national entering service in the active, reserve, or guard service to receive a certification of honorable service for the purposes of expedited naturalization (citizenship), he or she must:
- Complete all security and suitability screening requirements and receive a favorable MSSD, and;
- Complete the initial military training requirements of the service of which they are a member, and;
- Complete at least 180 consecutive days of active duty service, or at least one year of satisfactory service in the selected reserve. A change from the current practice of certification of honorable service for the purpose of expedited naturalization."
For individuals looking to enlist in the US Armed Forces, such enlistment will NOT allow them to naturalize until after the requirements for honorable service are met. Certification will be recalled and decertified for those who have received a certification of honorable service prior to this change until screening requirements are completed.
If you are a green card holder and are seeking to join the military, you can expect very long background checks before being permitted to begin basic training, and which could also hold up any application for U.S. citizenship you make . Our recommendation is that if you would like to enlist in the military, you become a citizen first.
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"Do I need a Consultation?"
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Obtaining incorrect information can be costly. When determining whether or not it is worthwhile to pay for a consultation regarding a single question/issue, it is important to understand that U.S. law can be complex on both federal and state levels. Relying on the expertise of a professional may save you a lot in the end.
It is also important to know that
every case is different
. Although the internet, blogs, and well-intentioned friends may seem to have the answers for your situation, every case is unique. Obtaining an answer to your question can be made much easier with the help of a creative, supervised team of professionals.
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Neighborhood Restaurant/Bar for Sale
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Well located, restaurant/bar with ample parking neighborhood and lovely patio, including desirable 4COP license for sale in Lake Placid, FL (Highlands County). The restaurant, with a reputation for its delicious food, maintains a regular local cliental and attracts tourists throughout the year. Seasoned staff run the 120 seat, 2,793 square foot space, 7 days a week from 11 am to midnight.
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