About salim

This author has not yet filled in any details.
So far salim has created 10 blog entries.

Lawsuit on Delay of EAD – work permit authorization.

The work permit or work authorization is offered to many categories such as L2 visa holders, pending adjustment of status, Asylees, and lately the H4 visa holders. However recently USCIS has actually delayed the issuance of the work authorization card for no definite reasons. Last week, a class action was started by three immigrants and two immigration service providers against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization. According to INA, interim EADs or work permits need to be issued if USCIS fails to adjudicate cases by a 90 days period. However, the department has constantly refused to issue the interim work permits although [...]

By |May 27th, 2015|Categories: Employment, Immigration|Tags: , |0 Comments

Can Yemen Nationals file for an Asylum?

With the unfortunate situation in Yemen, many Yemenis current present in the United States are wondering whether they have to go back or they can stay. Recently the USCIS has decided that they will allow extension for certain visas for Yemenis, however this is not a permanent solution.  As such we have tried to analyze the possibilities of an Asylum/Refugee status for Yemen Nationals. This slide is provide for informational purposes only. If you need to assess your case, please call us at 510 742 5887. Yemen Asylum Application from Shah Peerally, Attorney at Law

By |May 4th, 2015|Categories: Immigration|0 Comments

Petition on Change.org: TPS for Yemen Nationals

Under  8 U.S.C. § 1254a, the Secretary of Homeland Security may designate a foreign country for TPS (Temporary Protected Status) due to conditions in the country that temporarily prevent the country’s nationals from returning safely, such as an ongoing armed conflict. The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted [...]

By |April 3rd, 2015|Categories: H4 EAD|Tags: , , , , |0 Comments

Will President Obama make the L1B easier?

For years, immigration practioners have been struggling with the famous L1B visa.  In fact, whenever someone mentions an L1B, we automatically think of an alternative to the L1B visa. The truth is that USCIS has made it very difficult especially for Indian companies to transfer their employees on L1B visas.  The truth is that this visa has been abused in the past and as such bona fide companies have also been punished with the 'denial policies'. We hope that this new announcement will actually mean a turn the way the L1B visa is considered by the USCIS.  The announcement below is from the White House: "With more than 2,600 people from more than 70 markets, and economic development organizations from [...]

By |March 24th, 2015|Categories: Immigration|Tags: , , |0 Comments

Questions and Answers on new H4 EAD

Answers by attorney Shah Peerally For all your questions please post on SPLAWFORUM.com

By |February 27th, 2015|Categories: H4 EAD|Tags: , , |0 Comments

“Controlled Application Review and Resolution Program” CAARP

LawFuel Editors / March 13, 2014  By Shah Peerally, Immigration Attorney and Author.  After living in the US for 25 years as a permanent resident citizen (having a green card), Egyptian native Tarek Hamdi, decides to apply for citizenship. However the United States Citizenship and Immigration Services (USCIS) postpone it due to the “Controlled Application Review and Resolution Program”  CAARP[1]. - See more at: http://www.lawfuel.com/islam-terrorism/#sthash.l9E9aaFx.dpuf

By |March 13th, 2014|Categories: Immigration|0 Comments

USCIS memo leaked might show Obama using executive powers to change H4 to EAD

In a memo leaked and published by ABC news, it seems that the Obama administration frustrated with the non passing of the comprehensive immigration reform might use its executive powers to change the laws including the H4 laws. Note that the memo in no way is law yet. But this is exactly what we have been hoping and expecting. We now need to push the President to continue the move to a change. Call and email the White House and tell them to tell them we want a change. The Obama administration will allow some relatives of U.S. service members living in the country illegally to stay, according to a policy directive issued Friday. ABC News The nine-page memorandum is [...]

By |November 16th, 2013|Categories: Immigration|0 Comments

Amazing breaking news case on Child Status Protection Act – De Osorio v. MAYORKAS Court of Appeals, 9th Circuit, 2011

This is a great victory where the 9th Circuit Court of Appeals decided that the Child Status Protection Act (CSPA) should be applied with plain language: Before this decision, once the child aged out, it was hard for them to immigrate with their parents. Now with this new decision, they might be able to get their greencard with their parents. This is a really great news for thousands of people. Let us hope there is no Appeal to the U.S Supreme Court or any changes. Below is the case in full as from the 9th Circuit of Appeals.   ROSALINA CUELLAR DE OSORIO; ELIZABETH MAGPANTAY; EVELYN Y. SANTOS; MARIA ELOISA LIWAG; NORMA UY; RUTH UY, Plaintiffs-Appellants, v. ALEJANDRO MAYORKAS, Director, [...]

By |September 27th, 2012|Categories: Immigration|0 Comments

Great News! Motion to terminate granted – case goes back to the USCIS for adjudication on a difficult adjustment of status (Form I-485) situation!

Last year a Client came to see us after her adjustment of status for the spouse of a US citizen was denied because immigration did not believe it was a bona fide marriage.  We file a new adjustment of status in the case and went for an extensive fraud interview, meanwhile the client was placed in removal proceeding (deportation).  Although the form I-130, petition for immediate relative was approved, USCIS refused to adjudicate the form I-485 (adjustment of status) for lack of jurisdiction  because the client was not an arriving alien.  At the hearing, Shah Peerally told the judge, who was by the way not very sympathetic, that he wanted the case to be terminated.  The judge did not really [...]

How Does Bankruptcy Affect Immigration

These days, besides financial issues, people are also suffering from immigration issues. Often a non-US citizen needs to file bankruptcy. Secondly, can bankruptcy filing affects their migration status or application for citizenship? The answer is yes. According to the Bankruptcy Code, "...only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title" [11 U.S.C. Section 109(a)]. The term “person” describes any individual, partnership, and corporation... [11 U.S.C. Section 101(a) (41)]. Therefore, there is no necessity of citizenship in the bankruptcy code. Usually, filing a bankruptcy will not harm immigration status or citizenship applications, as it is not a crime. Crimes of "moral turpitude" [...]

By |June 28th, 2011|Categories: Immigration|Tags: , , |0 Comments