Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. Anybody can be a member of this forum – you do not need to be a client to be a member. If you have any question feel free to call us at: 510-742-5887

Disclaimer: We take no responsibility for accuracy of information provided , please use at your own risk. Note: Please do not post any negative comments or remarks about any person or organization. Do not post personal information details. Courts and government agencies can require us to disclose your email, IP address. etc.

Announcement

Collapse
No announcement yet.

Anybody can get DA action while pending U petiion.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Anybody can get DA action while pending U petiion.

    Do u want Defered action ? Do u want EAD ?

    I recently read letter wrote to Director USCIS on April 18, 2015. Please find attachment.( http://www.asistahelp.org/documents/...al_8_B7AE6114D 8070.pdf.)

    It says -

    Sanctuary for Families, in partnership with the law firm WilmerHale, prepared individual federal complaints on behalf of several clients with pending petitions for U nonimmigrant status

    USCIS offered to settle each case expeditiously, offering an immediate grant of deferred action and work authorization.

    I ask help to Shah Peerally but he didn't answer

    Please contact - Sanctuary for Families or the law firm WilmerHale

    Good Luck.

  • #2
    U visa DA

    Boss Link That You Had Provided Is Not Working

    Comment


    • #3
      Try New Link

      Originally posted by Unregistered View Post
      Boss Link That You Had Provided Is Not Working
      http://www.asistahelp.org/documents/...al_8_B7AE6114D 8070.pdf.

      Comment


      • #4
        copy of letter

        Originally posted by Unregistered View Post

        April 18 2015
        Mr. León Rodríguez
        Director, US Citizenship and Immigration Service
        20 Massachusetts Ave, NW
        Washington, DC 20549

        Dear Director Rodríguez:

        The undersigned 8 organizations serve and advocate on behalf of survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking.

        With processing times for petitions for U nonimmigrant status well exceeding 12 months, and with the fact that we are in a permanent conditional grant system for the foreseeable future, we believe it is vital that USCIS issue Employment Authorization Documents (EADs) to crime victims while their petitions for U nonimmigrant status are pending.

        For most of our clients, lack of work authorization compounds their instability and makes it exponentially more difficult for them to support their children and rebuild their lives free of abuse. Their economic instability makes them vulnerable to continued abuse and less likely to be able to continue to cooperate with law enforcement. Current EAD Process for U Applicants

        When victims of crimes apply for U nonimmigrant status on Form I-918, they may concurrently apply for employment authorization by checking “yes” in the box next to Question 7 of Part 2 on Form I-918, asking whether the petitioner wants an Employment Authorization Document. Those applicants who check “yes” receive two receipt notices from USCIS, one for Form I-918, and one for Form I-765, the usual form with which noncitizens apply for employment authorization. In this way, USCIS acknowledges that applicants have a pending application for employment authorization, although they did not file a physical form I-765. USCIS does not, however, adjudicate that pending application for employment authorization until after a petitioner has been granted U nonimmigrant status. Petitioners who have been granted deferred action subject to the U cap must file a separate I-765 application in order to receive employment authorization.

        Current processing times for I-918 petitions are over a year. Petitioners who did not file a separate I-765 simultaneously with their I-918 petitions—perhaps in reliance upon checking “yes” on Question 7 of Part 2 of the I-918—must file an I-765 application upon notification of the grant of deferred action status. Adjudication of that I-765 generally takes another three months. Even petitioners who filed an I-765 application simultaneously with their I918 petitions, to ensure it was on file for swift adjudication upon a grant of deferred action, must wait at least a year for work authorization.
        For petitioners to whom USCIS issued a Request for Evidence, the situation is even more dire. In recent practice, many RFEs are often not issued until the petition has been pending for a year or more, so that by the time those petitioners’ applications are fully adjudicated, they have been waiting for work authorization for at least two years. These serious delays in granting the security crime victims need undermine the spirit and language of the law.
        Proposed EAD Process for U Applicants

        USCIS should use existing regulations to implement Congressional intent and accelerate EAD grants to U applicant victims of crimes. In 2008, Congress added a bona fide determination basis for U applicant EADs. 8 U.S.C. § 1184(p)(6); INA § 214(p)(6). USCIS has never implemented this law. Moreover, under existing regulations, all petitioners for U nonimmigrant status who requested an EAD in their response to Question 7 of Part 2 on Form I-918 are eligible for interim work authorization once their applications have been pending for more than 90 days. 8 C.F.R. § 274a.13(d) “USCIS will adjudicate the application within 90 days from the date of receipt of the application.”

        We suggest that USCIS immediately begin adjudicating petitioners’ EAD applications within 90 days of the date received, as per the referenced regulation. If USCIS wishes instead to conduct a bona fide determination of the petitioner’s U application, that determination also should be made within 90 days of receipt of the application. If the bona fide determination is not conducted, then the EAD application standing alone should be adjudicated in accordance with 8 C.F.R. § 274a.13(d). If an RFE is issued within 90 days of receipt of the petition, then the clock resets and counting of the 90 days for issuance of the EAD begins on the day of receipt of the RFE response. If an RFE has not been issued within 90 days of receipt of the petition, then USCIS should adjudicate the EAD application as per the 90-day regulation. Because USCIS has implemented neither the existing 90-day regulation, nor the Congressionally mandated bona fide standard, individual U applicants have pursued relief in federal court. The best way for USCIS to avoid massive use of this litigation strategy by U applicants is for the agency to swiftly implement a 90-day EAD system for U applicants.

        U Applicants Have Successfully Sought Redress in Federal Court to Receive LongDelayed EADs Under Current Law and Regulation

        Sanctuary for Families, in partnership with the law firm WilmerHale, prepared individual federal complaints on behalf of several clients with pending petitions for U nonimmigrant status seeking to compel USCIS to issue EADs to those clients. Rather than litigate the question in the District of Vermont, USCIS offered to settle each case expeditiously, offering an immediate grant of deferred action and work authorization.

        While this is an extremely positive and life-changing outcome for the individuals who pursued this strategy, it does not address the underlying problem faced by the tens of thousands of pending U petitioners caught in limbo, unable to work lawfully and rebuild their lives. Absent clear progress towards a fix for the current delays in EADs for U applicants, we expect the litigation strategy to become commonplace to ensure their rights under the law.

        Our organizations raised the EAD problem with USCIS previously and we know they have been considering our suggestions1. The only U applicants who have seen an improvement in EAD issuance, however, are those who pursued litigation. We suggest it is time for another meeting with USCIS officials discuss a permanent policy solution to the delay in EADs for victims of crimes. We look forward to swiftly scheduling such a meeting.

        For more information, please contact Gail Pendleton at ASISTA at [email protected] or Joy Ziegeweid at Sanctuary for Families, [email protected].
        Sincerely,

        Asian Pacific Institute on Gender-Based Violence
        ASISTA Immigration Assistance
        Casa de Esperanza: National [email protected] Network for Healthy Families and Communities
        Center for Gender and Refugee Studies
        Immigration Center for Women and Children
        National Immigrant Justice Center
        Sanctuary for Families
        Washington State Coalition Against Domestic Violence

        Comment


        • #5
          Letter wrote 1 year before but still no processing any application.

          Comment


          • #6
            We need more people to sign especially US citizens who care https://www.change.org/p/u-s-senate-...-000-to-30-000
            Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

            For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
            Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
            Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

            Comment

            Latest Post

            Collapse

            Working...
            X