USCIS will accept previous editions of the Form I-129, Petition for a Nonimmigrant Worker, postmarked on or before Dec. 22, 2010. Petitions postmarked on or after Dec. 23, 2010, must include the Form I-129 with a Nov. 23, 2010 revision date or they will be rejected.
USCIS has received several inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States." Please be advised that petitioners will not be required to complete Part 6 of Form I-129 until Feb. 20, 2011.
Immigration Attorney
Friday, December 31, 2010
Sunday, December 26, 2010
Writ of Mandamus
By Kent B. Gravelle, Esq.
According to Black's Law Dictionary (8th Ed. 2004), a writ of mandamus is a "writ issued by a superior court to compel a lower court or a government officer to perform a mandatory or purely ministerial duties correctly." In immigration law, writs of mandamus are most often utilized when U.S. Citizenship and Immigration Services (USCIS) allows an I-485 (Application to Register Permanent Residence or Adjust Status), N-400 (Naturalization Application), or I-589 (Application for Asylum and Withholding of Removal) to languish for years while a criminal and national security background check is conducted.
The immigration bar in Minnesota has been quite active (and successful) in writ of mandamus litigation against the federal government. Most recently, a published opinion was released in Burni v. Frazier, 545 F.Supp.2d 894, 897 (D.Minn.2008) in which the spouse of a U.S. citizen "...filed an I-485 application for adjustment of status to lawful permanent residency on or about December 10, 2004." The applicant's security checks were not completed, thus placing his final approval in limbo. Id. The applicant exhausted his administrative remedies by "...making written inquiries to the Department of Homeland Security, making Infopass appointments at the local district office to inquire about the status of his case, and writing to various government officials." Id.
Finally, after more than three years of delay, the applicant brought a suit requesting the issuance of a writ of mandamus which the government attempted to dismiss due to lack of subject matter jurisdiction. Id. The United States District Court for the District of Minnesota denied the government's motion to dismiss, holding that it had jurisdiction because the failure to make a decision on the I-485 application was not a discretionary action within the meaning of 8 U.S.C. §1252(b)(2)(B)(ii) and that 28 U.S.C. §1361 (the Mandamus Act) and 5 U.S.C. §§551 et seq. (Administrative Procedures Act or APA) afforded the applicant relief. Id. at 902, 903. The Court explained that 8 C.F.R. §245 requires that an I-485 applicant "shall be notified of the decision" regarding the application and thus "USCIS has a non-discretionary duty to adjudicate an application...and that the APA requires the applications to be adjudicated in a reasonable time." Id. at 904.
A year earlier, the Court issued three decisions in three separate mandamus cases in October of 2007: Sun v. Chertoff, 2007 WL 2907993 (D.Minn.); Sawad v. Frazier, 2007 WL 2973833 (D.Minn.); and Asrani v. Chertoff, 2007 WL 3521366 (D.Minn.). All three were favorable to the immigrant-plaintiff.
In Sun, a Chinese immigrant filed an I-485 with the Nebraska Service Center of the U.S. Citizenship and Immigration Service (USCIS) on August 19, 2004. Id. at *2. On September 2, 2004, the FBI received Sun's name from USCIS for a name check. Id. In 2006, Sun sought the help of her congressman and senator to no avail and Sun received information pursuant to a Freedom of Information Act (FOIA) request which showed that the FBI had no records pertaining to her. Id.
Sun filed her suit for a writ of mandamus against various DHS, USCIS, and FBI officials on March 13, 2007, about two and one-half years after her submission of the I-485. Id. The government brought a motion to dismiss which the Court denied, holding that "...the APA requires that the applications be processed in a reasonable time." Id. at *8, citing 5 U.S.C. §555(b). The Court also ordered that the government "provide to the court and plaintiff within 60 days evidence specific to plaintiff's application showing that the delay in processing her name check and adjudicating her application is reasonable." Id. at *12.
In Sawad v. Frazier, 2007 WL 2973833 (D.Minn.), a husband and wife filed their I-485 applications on March 1st and December 27th of 2004. Id. at *2. The FBI acknowledged receipt of USCIS's name check requests shortly after each I-485 was filed, but as of September 14, 2007, the date of the court hearing, plaintiffs' name checks had not been completed.
Click here to read Full Article..
According to Black's Law Dictionary (8th Ed. 2004), a writ of mandamus is a "writ issued by a superior court to compel a lower court or a government officer to perform a mandatory or purely ministerial duties correctly." In immigration law, writs of mandamus are most often utilized when U.S. Citizenship and Immigration Services (USCIS) allows an I-485 (Application to Register Permanent Residence or Adjust Status), N-400 (Naturalization Application), or I-589 (Application for Asylum and Withholding of Removal) to languish for years while a criminal and national security background check is conducted.
The immigration bar in Minnesota has been quite active (and successful) in writ of mandamus litigation against the federal government. Most recently, a published opinion was released in Burni v. Frazier, 545 F.Supp.2d 894, 897 (D.Minn.2008) in which the spouse of a U.S. citizen "...filed an I-485 application for adjustment of status to lawful permanent residency on or about December 10, 2004." The applicant's security checks were not completed, thus placing his final approval in limbo. Id. The applicant exhausted his administrative remedies by "...making written inquiries to the Department of Homeland Security, making Infopass appointments at the local district office to inquire about the status of his case, and writing to various government officials." Id.
Finally, after more than three years of delay, the applicant brought a suit requesting the issuance of a writ of mandamus which the government attempted to dismiss due to lack of subject matter jurisdiction. Id. The United States District Court for the District of Minnesota denied the government's motion to dismiss, holding that it had jurisdiction because the failure to make a decision on the I-485 application was not a discretionary action within the meaning of 8 U.S.C. §1252(b)(2)(B)(ii) and that 28 U.S.C. §1361 (the Mandamus Act) and 5 U.S.C. §§551 et seq. (Administrative Procedures Act or APA) afforded the applicant relief. Id. at 902, 903. The Court explained that 8 C.F.R. §245 requires that an I-485 applicant "shall be notified of the decision" regarding the application and thus "USCIS has a non-discretionary duty to adjudicate an application...and that the APA requires the applications to be adjudicated in a reasonable time." Id. at 904.
A year earlier, the Court issued three decisions in three separate mandamus cases in October of 2007: Sun v. Chertoff, 2007 WL 2907993 (D.Minn.); Sawad v. Frazier, 2007 WL 2973833 (D.Minn.); and Asrani v. Chertoff, 2007 WL 3521366 (D.Minn.). All three were favorable to the immigrant-plaintiff.
In Sun, a Chinese immigrant filed an I-485 with the Nebraska Service Center of the U.S. Citizenship and Immigration Service (USCIS) on August 19, 2004. Id. at *2. On September 2, 2004, the FBI received Sun's name from USCIS for a name check. Id. In 2006, Sun sought the help of her congressman and senator to no avail and Sun received information pursuant to a Freedom of Information Act (FOIA) request which showed that the FBI had no records pertaining to her. Id.
Sun filed her suit for a writ of mandamus against various DHS, USCIS, and FBI officials on March 13, 2007, about two and one-half years after her submission of the I-485. Id. The government brought a motion to dismiss which the Court denied, holding that "...the APA requires that the applications be processed in a reasonable time." Id. at *8, citing 5 U.S.C. §555(b). The Court also ordered that the government "provide to the court and plaintiff within 60 days evidence specific to plaintiff's application showing that the delay in processing her name check and adjudicating her application is reasonable." Id. at *12.
In Sawad v. Frazier, 2007 WL 2973833 (D.Minn.), a husband and wife filed their I-485 applications on March 1st and December 27th of 2004. Id. at *2. The FBI acknowledged receipt of USCIS's name check requests shortly after each I-485 was filed, but as of September 14, 2007, the date of the court hearing, plaintiffs' name checks had not been completed.
Click here to read Full Article..
Friday, September 5, 2008
Find a Dallas Immigration Lawyer
Do you need some assistance with your US immigration matters?
Don't know what course to take to tackle your immigration issues?
Do you need to invite a family member to join you in the US?
If you have answered yes to one of the questions above, then you need to contact Terry Rombough, immigration attorney by visiting www.dallasimmigrationlawyer.net or calling (214)761-1880
The Law office of Terry Rombough is committed to provide substantial assistance to all people with US immigration issues.
How do you find an immigration lawyer in Dallas? As you know, the US immigration law is very complicated and the law changes on regular basis. In other words, you need to make a selective decision hiring your immigration attorney. First, you must only hire a licensed firm, committed to legal assistance to their clients in Dallas, US, and overseas. Be careful!! Almost all law firms claims to be well experienced and work with a team of experienced US immigration lawyers to boast their images.
Immigration law firms make their best to develop a partnership with customers. They deliver new ideas and advice concerning all your immigration needs and help to receive visas quickly. immigration law firms offer an entire set of immigration services, skilled worker immigration to Canada , refugee application, adaptation and employment services, as well as visa and invitation.
Immigration law firms provide a no-obligation preliminary assessment of an applicant's eligibility for immigration. After sending the application, the dynamic team of the law firm judges the potential of each individual and takes into account any possible results. Some immigration law firms gives an online evaluation for immigration. After submitting the online evaluation form, it will be referred by an agent of the firm. Soon after the forwarding, the agent will contact you to discuss the results. Training and counseling for the interview is yet another service given by immigration law firms.
Additional services provided by immigration law firms include airport pick-up, assistance in opening bank accounts and arranging convenient lodging options. They also help to obtain a social insurance number, permanent resident card, health card and driver's license.
Most immigration law firms offer fixed-fee schedule and 100% refund policy to their clients. For the initial face-to-face consultation, some firms do not demand any fees.
One of the best options to choose an affordable immigration law firms is to search it online.
Wednesday, July 30, 2008
US Immigration Attorney
Here are tips for finding a U.S. immigration attorney:
1. Make certain that your prospect lawyer is an American Immigration Lawyers Association or AILA member. An AILA lawyer will guarantee you that he or she has access or way in to the remarkable flow of necessary information to follow through on the continuous change in U.S. immigration law.
2. Ask how your immigration attorney will charge you. If he or she charges hourly, what is your attorneys estimate of her professional fees so to do your case? If she charges a flat rate, ask what precisely does that exclude or include?
For instance, if your original request is denied and your attorney needs to file an appeal, will this be incorporated in her flat rate?
3. Ask how much work experience does your immigration attorney have?
Like other lawyers, immigration attorneys also specialize. Some in asylum, matters in business immigration or removal cases. Never hire an immigration lawyer who is specializing in asylum cases to handle his first business visa application at your expense.
4. Check your attorneys MartindaleHubbell rating. Note that MartindaleHubbell generally rates attorneys basing on ethical standards and legal ability. Their highest rating is the AV rating.
5. Call the attorney for an interview. If she is reluctant to take time the time to have a talk with you, therefore she is not likely to respond to questions that you might want clear answers and to any of your problems when dealing with your case.
6. Consult your attorneys website or directly ask him what percentage in his years of practice is solely devoted to immigration matters.
7. Ask your attorney for recommendations from contented clients. Call her clients in order that you can consult with them how the attorney handled their case and whether or not they are pleased with her service.
A note to keep in mind, generally the best attorneys are busy individuals, because they are attending to a lot of clients and their attention usually first goes to their clients legal needs.
Expect that you should pay your lawyer for his knowledge, experience, training and for his time as he listens to the information of any situation that you convey to him as well as for his advices.
Like any other profession, note that the best attorney generally charge the biggest fee, whether it be flat rate or hourly fee. Of course, an attorneys rate must not be the only criteria or gauge in determining whether you are hiring the right or the best attorney.
More importantly, you need an attorney whom you are very comfortable or at ease working with as well as whom you believe will handle your immigration case with diligence and expertise.
Source: Free Articles and www.superimmigration.info
1. Make certain that your prospect lawyer is an American Immigration Lawyers Association or AILA member. An AILA lawyer will guarantee you that he or she has access or way in to the remarkable flow of necessary information to follow through on the continuous change in U.S. immigration law.
2. Ask how your immigration attorney will charge you. If he or she charges hourly, what is your attorneys estimate of her professional fees so to do your case? If she charges a flat rate, ask what precisely does that exclude or include?
For instance, if your original request is denied and your attorney needs to file an appeal, will this be incorporated in her flat rate?
3. Ask how much work experience does your immigration attorney have?
Like other lawyers, immigration attorneys also specialize. Some in asylum, matters in business immigration or removal cases. Never hire an immigration lawyer who is specializing in asylum cases to handle his first business visa application at your expense.
4. Check your attorneys MartindaleHubbell rating. Note that MartindaleHubbell generally rates attorneys basing on ethical standards and legal ability. Their highest rating is the AV rating.
5. Call the attorney for an interview. If she is reluctant to take time the time to have a talk with you, therefore she is not likely to respond to questions that you might want clear answers and to any of your problems when dealing with your case.
6. Consult your attorneys website or directly ask him what percentage in his years of practice is solely devoted to immigration matters.
7. Ask your attorney for recommendations from contented clients. Call her clients in order that you can consult with them how the attorney handled their case and whether or not they are pleased with her service.
A note to keep in mind, generally the best attorneys are busy individuals, because they are attending to a lot of clients and their attention usually first goes to their clients legal needs.
Expect that you should pay your lawyer for his knowledge, experience, training and for his time as he listens to the information of any situation that you convey to him as well as for his advices.
Like any other profession, note that the best attorney generally charge the biggest fee, whether it be flat rate or hourly fee. Of course, an attorneys rate must not be the only criteria or gauge in determining whether you are hiring the right or the best attorney.
More importantly, you need an attorney whom you are very comfortable or at ease working with as well as whom you believe will handle your immigration case with diligence and expertise.
Source: Free Articles and www.superimmigration.info
Immigration Lawyer in Dallas
There are many immigration lawyers in Dallas, but how do you make sure the immigration lawyer or law firm is experienced to handle all your legal issues?
The US immigration law is changing daily and becoming more and more complex. If you're facing a legal immigration issues, then you must make sure you hire an experienced immigration attorney who understands the law of United States of America immigration.
In Dallas and Arlington, the Law firm of Terry Rombough is well suited to handle all your immigration issues promptly and professionaly.
Terry Rombough, Dallas Immigration Lawyer is an experienced attorney with many years of practicing and teaching US immigration law.
Terry has assisted people and companies from everywhere in the world.( Asia, Africa, Europe, Middle east, Russia etc..)
Below is Terry's history
Licensed to Practice Law in the State of Texas: admitted to State Bar of Texas: l978
admitted to United States District Court, Northern District of Texas: l981.
admitted to United States Court of Appeals, Fifth Circuit, New Orleans: l981
eligible to practice in all United States Immigration Courts and Board of Immigation Appeals.
Education:
B.S., Louisiana State University
M.S.W. Louisiana State University
Doctor of Jurisprudence, Louisiana State University
L.L.M., University of Brussels, International Law
Memberships:
State Bar of Texas
American Immigration Lawyer's Association
Academic Awards:
International Law Scholarship, Ministry of Culture, Belgium
(this is like the American Rhodes or Fullbright
Interinship, European Supreme Court, Luxemburg
Interinship, European Economic Commission, Brussels, Belgium
Honors, Dissertation, L.L.M., University of Brussels
If you have questions or concerns regarding immigration law, contact Terry Law firm at 817-275-8908 or visit www.dallasimmigrationlawyer.net or www.arlingtonimmigration.com
The US immigration law is changing daily and becoming more and more complex. If you're facing a legal immigration issues, then you must make sure you hire an experienced immigration attorney who understands the law of United States of America immigration.
In Dallas and Arlington, the Law firm of Terry Rombough is well suited to handle all your immigration issues promptly and professionaly.
Terry Rombough, Dallas Immigration Lawyer is an experienced attorney with many years of practicing and teaching US immigration law.
Terry has assisted people and companies from everywhere in the world.( Asia, Africa, Europe, Middle east, Russia etc..)
Below is Terry's history
Licensed to Practice Law in the State of Texas: admitted to State Bar of Texas: l978
admitted to United States District Court, Northern District of Texas: l981.
admitted to United States Court of Appeals, Fifth Circuit, New Orleans: l981
eligible to practice in all United States Immigration Courts and Board of Immigation Appeals.
Education:
B.S., Louisiana State University
M.S.W. Louisiana State University
Doctor of Jurisprudence, Louisiana State University
L.L.M., University of Brussels, International Law
Memberships:
State Bar of Texas
American Immigration Lawyer's Association
Academic Awards:
International Law Scholarship, Ministry of Culture, Belgium
(this is like the American Rhodes or Fullbright
Interinship, European Supreme Court, Luxemburg
Interinship, European Economic Commission, Brussels, Belgium
Honors, Dissertation, L.L.M., University of Brussels
If you have questions or concerns regarding immigration law, contact Terry Law firm at 817-275-8908 or visit www.dallasimmigrationlawyer.net or www.arlingtonimmigration.com
Wednesday, July 23, 2008
Texas Immigration Lawyer
The law office of Terrri Rombough in Dallas-Fort Worth work with all government agencies to assist you with all of your immigration problems.
Our immigration lawyers work on many types of US immigration issues such as green cards, visas, political asylum, US work permit, citizenship and many other important immigration and naturalization issues. Mr. Rombough has a background in international law and has been practicing since 1980. His sole focus is on immigration and naturalization law. He has assisted hundreds of clients and has won a majority of the immigration and naturalization cases he has represented in court. When you have legal issues regarding immigration and naturalization law, you need to know where you stand so you can properly consider your options and make good decisions. We take the time to explain your options and then develop a strategy for success. Every detail in a case is examined to see how it may best help you in your legal matter. Solutions to these problems are explored to make sure that every possible avenue has been considered and you can obtain the results you need. At the law firm of Terry Rombough, we offer the professional services and personal attention necessary to help you achieve your legal goals in securing a US visa.
Our immigration lawyers work on many types of US immigration issues such as green cards, visas, political asylum, US work permit, citizenship and many other important immigration and naturalization issues. Mr. Rombough has a background in international law and has been practicing since 1980. His sole focus is on immigration and naturalization law. He has assisted hundreds of clients and has won a majority of the immigration and naturalization cases he has represented in court. When you have legal issues regarding immigration and naturalization law, you need to know where you stand so you can properly consider your options and make good decisions. We take the time to explain your options and then develop a strategy for success. Every detail in a case is examined to see how it may best help you in your legal matter. Solutions to these problems are explored to make sure that every possible avenue has been considered and you can obtain the results you need. At the law firm of Terry Rombough, we offer the professional services and personal attention necessary to help you achieve your legal goals in securing a US visa.
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