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MVP Law Group
News You Can Use
February 2017
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10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
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Greetings,
"Our attitude towards immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as the talent and energy allow. Neither race nor place of birth should affect their chances." -- Robert F. Kennedy
MVP Law Group, the American Immigration Lawyers Association (AILA), and the American Civil Liberties Union (ACLU), along with Immigration Practitioners across the World are calling on the POTUS to change course on immigration policy and instead work with Congressional leaders on both sides of the aisle to move forward on immigration reform.
After the release of the Executive Orders on Immigration, we immediately began to see families torn apart, hampered local law enforcement, and hysteria among the immigrant community. The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have released statements indicating that their massive enforcement sweeps had been planned for months and were not the result of the Executive Orders. Yet on the ground, this was not the case: Several Deferred Action for Childhood Arrivals (DACA) recipients were picked up in the massive sweeps and detained and remain detained; a battered woman went to Court to obtain a Protective Order from her abusive partner, and was arrested and detained, likely her abuser is the one who alerted authorities; undocumented members of society with no criminal history have been picked up and detained. There are countless other examples of what has happened since the implementation of the Executives Orders and who is actually being targeted. POTUS continues his stance that criminal aliens must not remain in the United States; however, the overly broad priorities for enforcement that he has laid out has essentially made all 11 million of the undocumented population subject to removal. See for yourself below:
- Prioritize for removal, noncitizens who:
- Have been convicted of ANY criminal offense;
- Have been charged with ANY criminal offense, where such charges has not been resolved;
- Have committed acts that constitute a chargeable criminal offense;
- Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a government agency;
- Have abused any program related to receipt of public benefits;
- Are subject to a final order of removal, but have not departed; OR
- Otherwise pose a risk to public safety or national security.
Our outdated immigration system has hobbled our economy but these executive orders will not give us the smart balanced immigration system we need. These policies will do little to improve national security and will create enormous delays for people coming to the U.S. These policies will put discrimination based on faith or national origin on the books.
We cannot stand idly by and let this happen. This path is not good for our country or the immigrants who call America home. We will not stand for abridgement of due process or human rights by this or any administration.
As you are aware, POTUS will be issuing a new Executive Order to replace the prior EO, Protecting the Nation from Foreign Terrorist Entry into the United States, which immediately wreaked havoc on our airports nationwide. Customs and Border Patrol (CBP) were clueless as to how to implement the new executive order and as a result : they refused to allow Legal Permanent Residents into the Country, complicated the health of children and adults who were traveling to the U.S. to obtain necessary medical treatment, removed others as soon as they arrived, removed refugees who had already been thoroughly vetted, and detained women and children for hours without food and water. Immediately, Attorneys and volunteers flocked to airports to protests and file lawsuits. As a result of that swift action, DHS suspended the implementation of that EO pursuant to the 9th Circuit Court of Appeals decision:
"We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay."
As always, we encourage you to Call your Representatives and Senators, regardless of where you live, they should hear from you and know what you won't stand for -
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1-866-940-2439 - Representative - Find your Representative here!
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1-866-961-4293 - Senators - Find your Senators here!
*We encourage you to stay tuned to our blog for the latest information related to the Executive Orders issued on Immigration.
Don't forget
,
MVP Law Group
is now accepting cap-subject
H1B cases
for FY2018. Although cap-subject cases cannot be filed before April 1st, there is a great deal of work that goes into preparing the strongest case possible for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. If you have questions, we have answers. Contact us today to discuss!
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for March 2017 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 4/15/08 to 6/1/08 and EB3 remained at 3/22/05. The cutoff date for the EB2 category for Chinese Nationals moved from 11/15/12 to 12/15/12 and the cutoff date for the EB3 category for Chinese Nationals moved from 10/1/13 to 3/15/14.
We hope you continue to read our newsletter as well as our blog in order to stay in touch and obtain important information concerning changes to the regulatory environment and new trends in the adjudication of petitions.
Kellie N. Lego, Esq.
MVP Law Group, P.A.
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USCIS Implementation of
Jan. 27 Executive Order
(Travel Ban)
USCIS is alerting stakeholders that they will continue to process:
- Applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin.
- Applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization.
- Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, "Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States", the so called, "Travel Ban".
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DHS Statement on Compliance with Recent
Court Order
U.S. District Court Judge James Robart issued a ruling Friday, effectively halting Trump's executive order, the so called Travel Ban!
In accordance with U.S. District Court Judge James Robart ruling on Friday, February 3rd, Department of Homeland Security (DHS) has suspended any and all actions implementing the affected sections of the Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States." This includes all actions subject to this Executive Order. DHS will resume normal inspection of travelers under their standard policies and procedures.
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About Our Law Firm
MVP Law Group, P.A. offers Business Immigration Services to Employers and Individuals World Wide. We deal primarily with Business Immigration by assisting clients in obtaining Temporary Work Visas; Preparing and Filing Employment Based and Family Based Immigrant Petitions; Aiding Lawful Permanent Residents in Attaining Naturalization; and ensuring compliance with Immigration laws by conducting internal audits for businesses in all industries.
U.S. Immigration Law is federal in nature (i.e., No State or provincial law is involved), therefore, our firm is able to provide U.S. Immigration Law Services to clients ANYWHERE in the United States and around the World.
MVP Law Group, P.A. 10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600 1-800-447-0796 Keep In Touch With Us! |
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PERM Processing Priority Dates (As of 3/1/17)
PROCESSING AREA |
MONTH |
CALENDAR YEAR |
Analyst Reviews |
Dec. |
2016 |
Audits |
June |
2016 |
Requests for Reconsideration |
Dec. |
2016 |
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MARCH 2017 VISA BULLETIN
The Department of State has released its latest Visa Bulletin.
The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).
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MVP LAW GROUP - Immigration Q&A Forum
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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 - H-1B Nonimmigrant Work Visa
My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver's license and get visa stamping in the future when I travel. Can I get a new approval notice?
Answer #1
Your employer will need to submit Form I-824 to the USCIS along with the USCIS filing fee of $465.00 to request a duplicate approval notice.
Question #2 - General
For how long can a person stay in US on a Business Visa (B1/B2)?
Answer #2
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