Syracuse Immigration Attorney

Our practice is limited to Immigration and Naturalization Law.

Ames Immigration is here to guide you through the complex and ever-changing process of Immigration. For both permanent ("green card") and temporary(Nonimmigrant visa) immigration matters, we have represented individuals and businesses in family immigration and employment-based immigration, citizenship and removal proceedings.Our office takes pride in being able to respond quickly and efficiently to your concerns. Individual attention and care are given to all of our clients. We make sure that you will understand every step of the process along the way, because well-informed clients can better help us to accomplish their goals.

USCIS TO REINSTATE PREMIUM PROCESSING OF CERTAIN EMPLOYMENT BASED (I-140) PETITIONS

Beginning June 16, 2008 , USCIS will offer premium processing for I-140 forms (Immigrant Petition forAlien Worker) filed on behalf of employees whose H-1B status is about to expire. The Premium Processing Program allows employers to pay an additional filing fee of $1,000 in exchange for a decision on the petition within 15 days of filing.

To be eligible to file using Premium Processing, the noncitizen beneficiary must be in the 6th year of H-1B status that will expire in 60 days or less; upon approval of the I-140 petition, must be eligible for a further H-1B extension after the 6th year due to the unavailability of a visa; and the beneficiary is NOT eligible to extend his/her H-1B status past six years where a labor certification and/or I-140 petition has been pending for at least 365 days.

Unfortunately, at this time, the Premium Processing Program will not be available to those whose H-1B status has expired. In order to be able to fulfill the obligation to decide these petitions within the 15 day time period under the Premium Processing rules, USCIS is unable to offer Premium Processing for all I-140 petitions. If you think you qualify for this expedited processing program, or have further questions, contact our office for a consultation.

 

EMPLOYMENT AUTHORIZATION DOCUMENTS(I.E. "WORK PERMITS") TO BE ISSUED FOR TWO -YEAR PERIODS FOR CERTAIN ADJUSTMENT OF STATUS APPLICANTS

USCIS announced that beginning June 30, it will issue Employment Authorization Documents (EADs, or "work permits") that will be valid for two years. The two-year EADs, however, are only available to applicants for adjustment of status (filing form I-485) who are unable to be granted permanent resident status due to the unavailability of a visa number. For applicants who have an available immigrant visa number ("immediate relatives", for example), filing under category "(c)(9)", the EAD will be granted for only one year.

 

OPTIONAL PRACTICAL TRAINING PERIOD TO BE EXTENDED TO 29 MONTHS

Qualified F-1 students will be able to take advantage of an extended Optional Practical Training ("OPT") period of 29 months pursuant to an interim final rule released by the Department of Homeland Security. The extension will be available for those students with a degree in science, technology, engineering or mathematics who work for an employer who is enrolled in the E-verify program.

The student must be currently employed in a 12-month period of approved Optional Practical Training ; possess a degree in science,technology, engineering or mathematics (STEM)from a designated list from a college or university certified by ICE; be employed in a job directly related to the student's field of study; be working for an employer who is enrolled in the E-verify program; and otherwise maintain F-1 status.

Many students working in Optional Practical Training obtain subsequent employment under the H-1B program. The Optional Practical Training period often expires sometime over the summer, but new H-1B employment cannot begin until October 1st. There is thus a "gap" when a student will be out of status after the OPT period expires and before the H-1B period begins. These student must leave the U.S. after their OPT status expires to be eligible to begin their H-1B employment on October 1st. When the student will work for the same employer in H-1B status, the employer must do without the services of the student while they wait for the October 1st start date.

The extension of the OPT period for eligible students will bridge the "gap" between the expiration of the current 12-month OPT period and the beginning of new employment in H-1B status. These students will no longer have to leave the United States after expiration of their current 12-month OPT period, prior to beginning employment in H-1B status, and there should be a smooth transition for the employers when the student becomes an H-1B employee.

 

PLAN ANNOUNCED TO ELIMINATE BACKLOG OF FBI NAME CHECKS

The FBI and USCIS are working together to eliminate the backlog of cases that have been pending due to "name checks." Goals have been set to eliminate the backlog of cases by June, 2009. After that, the goal is to complete 98% of all name checks within 30 days. The more difficult cases, requiring additional time, will be adjudicated in 90 days or less according to the plan.

In the meantime, over the next months those applications that have been pending the longest will receive top priority until the backlog is eliminated completely. Priority will also be given to resolve the approximately 29,800 pending name checks from naturalization applications that were filed before May 2006 where the applicant has already been interviewed.

The plan was initiated as a result of increased funding, increased staffing and implementation of "new business processes" , according to USCIS. We hope that these goals are met or surpassed.

 

USCIS PUBLISHES DETAILED MEMO ON NEW "U" VISA REGULATIONS

USCIS published a detailed memo with guidance for adjudicators of "U" visa petitions filed under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). The memo sets forth eligibility requirements for the "U" visa for victims of certain crimes and their family members. The U visa provisions are contained in Title V of the VTVPA , which is known as the Battered Immigrant Women Protection Act (BIWPA).

Generally, to be eligible for U visa status, a person must have: 1) suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity; 2)possess credible and reliable information of the details of the criminal activity; 3) be helpful, either in the past, the present or in the future, to a law enforcement agency in the investigation or prosecution of the criminal activity; 4) and the criminal activity must have occurred in the U.S. There are detailed definitions and other restrictions contained in the regulations and the memo.

If you think that you may qualify for "U" visa status, do not hesitate to contact our office. Your status does not matter and all communications are confidential.

 

NEW ID REQUIREMENTS TO TAKE EFFECT FOR US AND CANADIAN CITIZENS AT LAND AND SEA PORTS OF ENTRY

Beginning Jan. 31, 2008, U.S. and Canadian citizens ages 19 and older will have to produce proof citizenship from a specified list of acceptable documents when entering the U.S. at land and sea ports of entry. Examples include birth certificates and driver’s licenses. A complete list of acceptable documents is available to travelers at ports of entry and is also available at www.cbp.gov. Children ages 18 and under will only need to present a birth certificate.

 

NEW CITIZENSHIP TEST TO BE GIVEN STARTING OCTOBER 2008

Applicants for U.S. citizenship will be given a new government/civics test beginning October 1, 2008. The new test, as part of the naturalization application process, will be based on a revised list of 100 questions. The new list of questions and answers, as well as other information about the new test, can be found at http://www.uscis.gov/newtest. USCIS will provide study materials for the new test in January , 2008.