Archive for August, 2011

Prioritizing Deportation Proceedings

August 29, 2011 1 comment

On Aug. 18th, 2011, the Department of Homeland Security announce that it will prioritize its efforts to deport illegal immigrants, focusing on immigrants who “pose a threat” over others. This announcement is an effort to prevent low-priority” cases from clogging the system by focusing on deporting illegal immigrants who have committed crimes. The side-effect of this directive is that illegal immigrants who are considered “low-threat” can at least temporarily stay in the US without facing deportation. Cecilia Munoz, White House director of intergovernmental affairs, clarifies that low priority individuals includes “”individuals such as young people who were brought to this country as small children, and who know no other home,” as well as “individuals such as military veterans and the spouses of active-duty military personnel.”

The difference between this directive and the DREAM act is that under the DREAM act, certain individuals will receive permanent resident status after completing the specific criteria.  Under this directive, the illegal immigrants does not receive permanent resident status and is not granted amnesty. This directive merely prolong their ability to stay in the US illegally until further change in law or until change in immigration directive.


Premium Process EB-5

August 23, 2011 1 comment

Premium processing of EB-5, investor visa, will be available shortly. On Aug. 2, 2011, Department of Homeland Security released a statement stating that the implementation of the USCIS proposals to streamline the EB-5 application process will begin “within 30 days”. By choosing to pay an additional fee for premium processing, applicant will have their application processed within 15 calender days. This is especially useful in cases where Request For Evidence (“RFE”) is issued by USCIS because the RFE will have to be processed within 15 days as well. This not only provide a speedier application process, it gives the applicant a better timeline to plan their schedule accordingly. The other “fundamental enhancements” proposed by USCIS also includes “implementing direct lines of communication between the applicants and USCIS and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application.”

I-797: Getting A Duplicate Copy

August 5, 2011 3 comments

I-797 is the approval notice of family green card petition. If you lose this document, you will need to file a I-824 to request a duplicate copy. The filing fee of I-824 is $405.00 and the average processing time of I-824 ranges from 3 months to 8 months.

If your original application or petition was approved by Vermont Service Center or Texas Service Center (receipt number starting with EAC or SRC), the I-824 should be mailed to USCIS Dallas Lockbox.

If your original application or petition was approved by California Service Center or Nebraska Service Center (receipt number starting with LIN or WAC), the I-824 should be mailed to USCIS Phoenix Lockbox.

Detailed instructions of how to complete the I-824 can be found here.


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