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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy

In-Depth Discussions, Interviews and Legal Analysis of Immigration Law and Practice with Professionals in the Field, with Host John Khosravi, Esq. Visas, Green Cards, and US Citizenship. Intended for Immigration Lawyers and Attorneys. Attorney Advertisement, please consult with an attorney. info@jqklaw.com
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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy
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Now displaying: Category: general
Jan 18, 2020

Reviewing Major Immigration Law & Action Events in 2019 w/ Attorneys Nicholas Mireles and John Khosravi

Show Notes:

CBP

 

USCIS

(https://news.bloomberglaw.com/daily-labor-report/trump-wage-chief-adds-visa-hurdles-for-trafficking-victims)

  • F-2a Filing Chart
  • USCIS Clarifies Position on the 90-day rule (8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility) "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#footnotelink-8

 

Consular/Department of State

 

  • Reciprocity Changes:
    • UAE $1,125 (F-1)
    • Australia hike, other
    • France: Gone down in time
    • Israel Visa Reciprocity Update (Length of Stay)
      • L-1/L-2: 48 months (from 60)
      • E-1 (not E-2): 52 months (from 60)
    • FAM Update for 90 Day Rule (https://fam.state.gov/FAM/09FAM/09FAM030209.html

(U) Activities that May Indicate A Possible Violation of Status or Conduct Inconsistent with Status

(1)  (U) In General:

(a)  (U) In determining whether a misrepresentation has been made, some questions may arise from cases involving aliens in the United States who have performed activities that are inconsistent with representations they made to consular officers or DHS officers when applying for admission to the United States, for a visa, or for another immigration benefit.  Such cases occur most frequently with respect to aliens who, after being admitted to the United States, engage in activities for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment of status.

(b)  (U) The fact that an alien's subsequent actions are inconsistent with what was represented at the time of visa application, admission to the United States, or in a filing for another type of benefit does not automatically mean that the alien's intentions were misrepresented at the time of either the visa application or application for admission to the United States.  To conclude there was a misrepresentation, you must make a finding that there is direct or circumstantial evidence sufficient to meet the "reason to believe” standard, which requires more than mere suspicion and is akin to probable cause.  See In re Jose Manuel Isabel Diaz (BIA Dec. 30, 2013).  If the activities happened within 90 days after the visa application and/or application for admission to the United States (typically you are looking at activities after entry into the United States), please see paragraph (2) below regarding the 90 day rule.

(c)  Unavailable   

(2)  (U) Inconsistent Conduct Within 90 Days of Admission to the United States:

(a)  (U) If an alien engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or admission to the United States, as described in subparagraph (2)(b) below, you may presume that the applicant made a willful misrepresentation (i.e., you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her true intentions in seeking a visa or admission to the United States).  You must provide the applicant with the opportunity to rebut the presumption of misrepresentation by verbally presenting the applicant with your factual findings as to why you believe he is ineligible 6C1.

(b)  (U) Inconsistent Conduct:  For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status depends on the nonimmigrant status the applicant has/had and the activities of the applicant in such status, including, but not limited to:

(i)     (U) Engaging in unauthorized employment on B1/B2 nonimmigrant status. (Note: Certain activities may not constitute unauthorized employment, such as those permissible under 9 FAM 402.2-5(E)and you should clarify an applicant's employment activities when make a 6C1 finding under the 90 day rule);

(ii)    (U) Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (e.g., B1/B2 status);

(iii)    (U) A nonimmigrant in B status, marrying a United States citizen or lawful permanent resident and taking up residence in the United States. (Note: to establish that an applicant took up residence in the United States before/after marrying a U.S. citizen or LPR, post may take into account whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant’s name, whether the applicant obtained a local driver’s license, and any other evidence that may support a finding that the applicant took up residence in the United States); or

(iv)   (U) Undertaking any other activity for which a change of status (NIV to NIV) or an adjustment of status (NIV to IV) would be required, without the benefit of such a change or adjustment.  (Note: Simply filing for a change of status or adjustment of status is not in itself sufficient to support a presumption of misrepresentation under the 90 day rule; the alien must also engage in conduct inconsistent with authorized status without the benefit of such a change of status. Moreover, if an alien engages in the activities for which he/she was admitted, such as to study on a F1 visa, but also engages in unauthorized work without seeking an employment authorization document (EAD), then that is insufficient to justify a presumption of a misrepresentation.)

(c) (U) In cases where you are unsure whether a particular activity is inconsistent with nonimmigrant status or whether a violation occurred, you may request an AO from CA/VO/L/A. 

(d) (U) A consular manager must review all 6C1 findings of ineligibility under the 90 day rule.

(3)  (U) Inconsistent Conduct After 90 Days:  If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status more than 90 days after admission to the United States, no automatic presumption of willful misrepresentation arises.  If you determine that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you should apply a traditional 6C1 analysis.  See 9 FAM 302.9-4(B)

  1. (U) Rebuttal Burden is on the Alien:  The burden of proof falls on the alien to rebut the consular officer's findings of a material misrepresentation based on a violation of status/inconsistent conduct within 90 days of admission.  The alien must establish to the satisfaction of the consular officer that his or her true intent at the time of the presumptive willful misrepresentation was consistent with his or her nonimmigrant status.  You must provide the alien the opportunity to rebut by verbally presenting the applicant with your factual findings. 

(1)  Unavailable   

(2)  (U) If you are satisfied that the applicant did not make a material misrepresentation, and the alien is otherwise eligible, process the case to conclusion. 

(3)  Unavailable     

Visa Bulletin

F-1 jumped 2 years

F-2A Current / others movement too

 

ICE

 

Organization

(https://www.cnn.com/2019/10/28/politics/julie-kirchner-resigns/index.html)

Society:

  

EOIR/BIA/Courts:

Quoted: God Bless America, and Her Lawyers https://www.nytimes.com/2019/01/26/opinion/sunday/immigration-lawyers-travel-ban.htm

 

 

Dec 4, 2018

Episode 77 - Interview with Business Immigration Attorney Lorenz Wolffers. Discussing Current Immigration Trends and Practice.

Mar 19, 2018

RFEs, Politics & The Future of Immigration Practices

Mar 7, 2018

Free Kurzban 15th Ed. Raffle: email me: Info@jqklaw.com

Sep 5, 2017

Weekly Recap of Aug. 21 - Sept. 3, 2017 - DACA, Advance Parole, Immigration Court Decisions, ICE, EB-5 Suit, Humanitarian Reinstatement & Co-Counseling

Jul 18, 2017

Weekly Recap of July 10-16, 2017 - Travel Bans and Reversed Denials, TPS, F-1 Changes, CBP and the Cloud, Exit Biometrics, Parole, Stokes in Boston, Step-Child Petitions, Proxy Marriages, Growing Your Law Practice

Jul 11, 2017

Episode 48: Weekly Recap of July 3-9, 2017.

Travel Ban's Public Support, State Dept. Survey, TNs Regs., Prima Facie

Software, Healthcare for Immigration Lawyers, Pet Peeves, Book Review:

Turn a Negative Into a Positive,  Pricing Your Practice Right,

ABA Journal Blawg & More

Jul 4, 2017

Weekly Update, Tips & News for June 26 - July 2, 2017: The Ban, Bills, DACA, ICE, I-485, Client Errors, EAD Delays, Education & Frustration

Jun 27, 2017

Weekly Update, Tips & News for June 19-25, 2017: Trump Ban, Supreme Court, Visa Denials, SEC EB-5 Suit, USCIS Issues, CBP, ELIS, AILA Conference, Ideas and More

Jun 19, 2017

Episode 45: New CA Regs & ICE Detainment, Iraqis, EB-5 Policy, Constitutional Immigration, ESTA, USCIS Delays, Reentry Permits, Special Law Degrees for Immigration Lawyers, Remembering Names & Active/Mindful Listening (Weekly Update for June 12-18, 2017)

Jun 12, 2017
Weekly Update, Tips & News for June 5-11, 2017: Consular Issues, Unknown Costs, Unnecessary RFEs, CBP Updates, STAPLE Act, DOL, Field Offices & Concierge Legal Service
 
Jun 6, 2017

Weekly Update, Tips & News for May 29- June 3, 2017: Why People Need Immigration Lawyers, Visa Scrutiny, Precedential Cases, Timetables, Pro Bono Work & Defending the Rule of Law

May 30, 2017

Weekly Update, Tips & News for May 23-28, 2017: New Investment Green Card Bill, Travel Ban, Suing Sanctuary Cities, Consular Processing Scrutiny, Mandamus Suits, H-2B Visa Increases, Visa Overstays, Haiti TPS Reprieve, Immigration Corruption, FOIA Request Documents, AAO Reentry Permit Denial, Cancelling INS Zoom, Practice Exhaustion, AILA New Orleans Conference, the Importance of Relationships, Tips & More (Weekly Update for May 23-28, 2017)

May 22, 2017

Weekly Update, Tips & News for May 15-22, 2017: Airport Denials, Gov’t v. Legal Clinics, Losing Clients, Valuing Time, Haves v. Have Nots, Marketing Tips & More

May 22, 2017

Interview with Immigrant Advocate, Attorney Peter Afrasiabi 

May 17, 2017

Please Note: The initial release of this episode only had a portion of it. The complete episode is re-released here.

Episode 39: Decentralizing Immigration, Winning Over Fear, INS Zoom Update, Client Worries & More. Weekly Update for May 8-14, 2017

 
May 8, 2017

Weekly Update, Tips & News May 1-7, 2017: Border Issues, EB-5, Bad Reviews, Future of Legal Marketing & Practice

May 1, 2017

Weekly Update, Tips & News April 24-39, 2017: Immigration Fight Continues, Processing Delays, Practice Management, Conditional Residency, and More

Apr 24, 2017

Presidential things affected

DACA Deported / Asylum for Material Support

F-1 School Accreditation Issues

USCIS SAVE and Drivers license

Naturalization Selective Service Draft

INS Zoom

Law Students and Networking with other lawyers

Apr 17, 2017

Weekly Update, Tips & News April 10-16, 2017: Trump's Immigration World & Clients, ICE and CBP Crackdowns, L-1B Mess, Scanners and More

Show Notes:

Childhood Alzheimer, Marian's Story: http://abcnews.go.com/Health/toddler-childhood-alzheimers-symptoms-experimental-treatment/story?id=46726381

Donate:

https://www.hopeformarian.com/, and/or https://www.gofundme.com/hopeformarian.

 

New Youtube Page (URL may change): https://www.youtube.com/channel/UCeJCAgWW2bwZD2zFBjKEs3A

 

Apr 10, 2017

Weekly Update, Tips & News April 2 - April 9 2017, Getting Business and Entrepreneurial Ethos, Helping Clients Beyond the Law, Immigration Police State and More

Apr 3, 2017

Weekly Update, Tips & News March 26 - April 1 2017, about Youtube Stars & EB-1, Networking & Pro Support Groups, Immigration Practices & TPS Update

Mar 29, 2017

Review of several AAO Decisions regarding EB-1c Multinational Executive or Manager cases touching upon topics such as: Successors in Interest, Portability, Who is considered an "Employee", Functional Managers and Qualifying Relationships in Joint Ventures. Many of these same rules would apply in the L-1 Intracompany Transfer Context.

Successor-In-Interest & Portability in the EB-1c Context

Matter of N-Inc., ID# 129916 (AAO Jan. 13, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/JAN132017_01B4203.pdf

Adjudicators Field Manual (AFM) 22.2(b)(5)(D)

https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-6423.html#0-0-0-417

Neufeld Memo For Aug. 6 2009

http://www.shusterman.com/pdf/Successor-in-Interest.pdf

CFR updated affective Jan. 17, 2017, affecting EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

Who is an Employee in the EB-1c/L-1 Context?

Matter of A- Inc., ID# 96181 (AAO Jan.12, 20 17)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/JAN122017_01B4203.pdf

Nationwide life. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992)

https://www.law.cornell.edu/supct/html/90-1802.ZO.html

Functional Manager in the EB-1c/L-1 Context

Matter of G- Inc., ID# 96255 (AAO Feb. 17, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB172017_01B4203.pdf

Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)

https://www.uscis.gov/sites/default/files/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2013/SEP132013_01D7101.pdf 

USCIS Adopted Decision of Matter of Z Link: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Matter-of_Z-A-Inc_Adopted_Decision-2016-02.pdf

My review of Matter of Z

http://www.jqklaw.com/uscis-adopted-decision-re-function-manager-l-1a-april-2016.html

Joint Ventures in EB-1c/L-1 Context

Matter ofUSAM-W-A-D-M-, Inc., ID# 102803 (AAO Feb. 28, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB282017_01B4203.pdf 

Matter of M-A-B-W-, Inc., ID# 97882 (AAO Feb. 14, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB142017_01B4203.pdf

Matter of Hughes, 18 I&N Dec. 289

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/2917.pdf

8 CFR 214.2(l)(1)(ii)(K) Intracompany Transferees/Subsidiary

(K) Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Synopsis of L-1 AAO Decision Cases

http://www.jqklaw.com/synopsis-of-administrative-appeals-office--aao--l-1-case-decisions.html

Mar 27, 2017

Weekly Update, Tips & News March 19-25, 2017 about Trump Immigration Update, the Future of Immigration Practice & More

Mar 20, 2017

Tips and discussion about the Immigration Law Practice, Premium Processing, K-1s, Legislation, EO, Global Entry & More

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