Law School Graduate Who Posed As Licensed Attorney Pleads Guilty To Mail Fraud And Aggravated Identity Theft

TAMPA, Fla. — Roberta A. Guedes has pleaded guilty to mail fraud and aggravated identity theft in connection with a fraudulent scheme wherein she posed and practiced law as a licensed attorney. Guedes faces a maximum sentence of 22 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in 2014, Guedes graduated from Stetson University College of Law, but twice failed the Florida Bar exam. Guedes has never been licensed to practice law in Florida nor in any other state. Despite this, in the fall of 2014, Guedes incorporated two fake law firms—Ferguson and McKenzie LLC and Immigration and Litigation Law Office, Inc. Guedes marketed her legal services and rented office space at the Rivergate Tower in downtown Tampa. She took on multiple client-victims, misrepresenting herself as an attorney. Guedes charged her client-victims fees for her services, which ranged from representation in immigration proceedings to family law matters. At times, Guedes impersonated a law school classmate and licensed attorney who had no involvement in Guedes’s sham law firms. As part of her fraudulent scheme, Guedes filed court pleadings and immigration petitions using her former classmate’s name and Florida Bar number, and also made several personal appearances in federal immigration court in Orlando and Hillsborough County court posing as a licensed attorney.  Read more at: https://www.uscis.gov/news/news-releases/law-school-graduate-who-posed-licensed-attorney-pleads-guilty-mail-fraud-and-aggravated-identity-theft

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character

WASHINGTON— Today, U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character.  

Previously, the USCIS Policy Manual did not include extensive information on unlawful acts. This update to the Policy Manual provides additional examples of unlawful acts and instructions to ensure USCIS adjudicators make uniform and fair determinations, and further identifies unlawful acts that may affect GMC based on judicial precedent. This update does not change the impact of an unlawful act on USCIS’ analysis of whether an applicant can demonstrate GMC. Adjudicators in the field receive extensive training to apply the law on GMC and unlawful acts regulation. They are aware of which unlawful acts could bar an applicant from naturalization and are not limited by the examples listed in the Policy Manual.

On Dec. 10, USCIS issued separate policy guidance in the USCIS Policy Manual about how two or more convictions for driving under the influence or post-sentencing changes to criminal sentencing might affect GMC determinations. Read more at: https://www.uscis.gov/news/news-releases/uscis-expands-guidance-related-naturalization-requirement-good-moral-character

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

First Poles travel visa-free to US

This week saw the first Poles travel visa-free to the United States, following the country’s admission to the US Visa Waiver Programme.

Poland was granted accession to the US visa-free travel scheme after its visa refusal rate to the US dropped below three per cent (to 2.8 per cent) in September. Poles have been allowed to travel to the US visa-free since November 11.

“Poland’s long-awaited entry into the US Waiver Programme club makes it the 39th country to join the US government’s rigorous programme,” said Jayne Forrester, director of international development at Offical ESTA, a world leader in ESTA Visa Waiver processing.

“The US Waiver club is renowned for being difficult to join, with tight requirements and strict vetting rules under the programme’s robust security protocols. In over five years we’ve seen no changes to the countries allowed within the programme, which highlights its stringent guidelines,” she continued. Read more at: https://emerging-europe.com/news/first-poles-travel-visa-free-to-us/

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Croatian citizens closer to visa-free travel to US

ZAGREB, 4 December 2019 – After 28 years since obtaining independence, visa restrictions for Croatian citizens traveling to the United States of America are on the verge of being lifted, daily Vecernji list reported on Tuesday.  

Intensive cooperation between the Croatian and US governments in this segment, especially since the visit of Interior Minister Davor Bozinovic to the US at the beginning of last year, has yielded results. 

In addition to the necessary bilateral security agreements, the visa refusal rate is the main obstacle and the number of denied visas needs to be at 3% or below to guarantee entry into the U.S. Visa Waiver Program. According to recent data, the visa refusal rate for Croatian citizens has been reduced from 5.96% to a record 4.02%, Vecernji list writes. Read more at: https://www.croatiaweek.com/croatian-citizens-closer-to-visa-free-travel-to-us/

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE details how border crisis impacted immigration enforcement in FY 2019

DALLAS — U.S. Immigration and Customs Enforcement (ICE) Acting Director Matthew T. Albence explained how the unprecedented crisis at the border during this fiscal year impacted nearly every area of the agency’s operations, including interior enforcement, detention capacity, transportation, removals, personnel, and overall expenditures. In FY 2019, ICE’s Enforcement and Removal Operations (ERO) officers arrested approximately 143,000 aliens and removed more than 267,000 – which is an increase in removals from the prior year.
While the numbers of individuals apprehended or found inadmissible at the border nationwide increased 68% over the previous fiscal year, the total number of aliens arrested by ICE dropped by nearly 10% compared to FY 2018. More than 86% of those arrested by ICE had criminal convictions or pending charges. Albence said ICE expected the lower numbers due to the crisis at the border because ICE needed to redirect resources to combat this unprecedented surge of illegal activity, and clearly demonstrated the detrimental effect the border crisis had on public safety. Read more at: https://www.ice.gov/news/releases/ice-details-how-border-crisis-impacted-immigration-enforcement-fy-2019

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations

WASHINGTON—U.S. Citizenship and Immigration Services today announced new policy guidance (PDF, 404 KB) implementing two decisions from the attorney general regarding how two or more DUI convictions affect good moral character (GMC) requirements and how post-sentencing changes to criminal sentences affect convictions and sentences for immigration purposes.

On Oct. 25, the attorney general decided in Matter of Castillo-Perez  that two or more DUI convictions during the statutory period could affect an applicant’s good moral character determination. When applying for an immigration benefit for which GMC is required, applicants with two or more DUI convictions may be able to overcome this presumption by presenting evidence that they had good moral character even during the period within which they committed the DUI offenses. The term DUI includes all state and federal impaired-driving offenses, including driving while intoxicated, operating under the influence, and other offenses that make it unlawful for an individual to operate a motor vehicle while impaired. Read more at: https://www.uscis.gov/news/news-releases/uscis-implements-two-decisions-attorney-general-good-moral-character-determinations

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Applying for a US visa? Here’s everything you want to know

Getting a visa is always tiresome and worrisome. Most of us get irritated with the tedious procedure of getting a US Visa but here you’ll find out how to make things easier and everything about the process. Getting a US visa is simple for Indians, and the process is absolutely hassle-free. Having mentioned that, remember one thing that visa requirements for the US are a little different from other countries.

Here, we have all the details you would need about the formalities of application for the US, documentation, visa interview and more. So, the most important thing about getting a US visa are the timelines. The visa application process for the US takes a maximum of 60 days (might get extended in individual circumstances). Thus, it is advisable to apply much in advance from the intended date of travel for a US visa. You can track the status of your visa application online. Read more at: https://timesofindia.indiatimes.com/travel/destinations/applying-for-a-us-visa-heres-everything-you-want-to-know/as46622581.cms

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated

USCIS today issued policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application.

An alien with CPR status obtains lawful permanent resident status either based on marriage to a U.S. citizen or lawful permanent resident (if the marriage is less than two years at the time the alien adjusts status or is admitted for lawful permanent resident status) or based on an immigrant investor (EB-5) visa.

An alien with CPR status is generally ineligible to adjust their status on a new basis under the provisions of section 245(a) of the Immigration and Nationality Act. However, USCIS may adjust an alien’s status if their CPR status has been terminated and:

• The alien has a new basis for adjustment of status;
• The alien is otherwise eligible to adjust status; and
• USCIS has jurisdiction over the adjustment of status application. Read more at: https://www.uscis.gov/news/alerts/uscis-issues-guidance-adjustment-status-aliens-whose-conditional-permanent-residence-has-been-terminated

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE arrests 19 in Massachusetts during 4-day operation targeting criminal aliens with drug offenses

BOSTON – U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers arrested 19 individuals in several counties throughout Massachusetts during a four-day enforcement action, targeting criminal aliens who have been convicted or charged with fentanyl, heroin, and other drug-related trafficking crimes. Many of these criminal aliens were released from local law enforcement custody into Massachusetts communities with no notification to ICE.

Those arrested during the enforcement action hail from seven different countries – Bahamas (1), Brazil (4), Cape Verde (4), Dominican Republic (6), France (1), Guatemala (1), Haiti (2). Read more at: https://www.ice.gov/news/releases/ice-arrests-19-massachusetts-during-4-day-operation-targeting-criminal-aliens-drug

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Implements $10 Fee for H-1B Visa Registration

WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Upon implementation of the electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, will first have to electronically register with USCIS during a designated registration period, unless the requirement is suspended.

“This effort will help implement a more efficient and effective H-1B cap selection process,” said USCIS Acting Director Ken Cuccinelli. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” Read more: https://www.uscis.gov/news/news-releases/uscis-implements-10-fee-h-1b-visa-registration

Contact Darren Heyman, immigration attorney, for more information www.grencardadvice.com.

ICE announces Wake County criminal offenders shielded by current non-cooperation policy

RALEIGH, N.C. – U.S. Immigration and Customs Enforcement (ICE) has repeatedly asked local jurisdictions to reconsider non-cooperation policies because those policies put politics before public safety. On Friday, ICE released more examples of foreign nationals with active ICE detainers who have been detained for serious criminal offenses in North Carolina’s Wake County. ICE asks Wake County to transfer these individuals to federal custody instead of releasing them to the community where they may reoffend.

ICE maintains that cooperation with local law enforcement is essential to protecting public safety, and the agency aims to work cooperatively with local jurisdictions to ensure that criminal aliens are not released into U.S. communities to commit additional crimes. Read more at:https://www.ice.gov/news/releases/ice-announces-wake-county-criminal-offenders-shielded-current-non-cooperation-policy

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

DHS Extends TPS Documentation for Six Countries

The Department of Homeland Security (DHS) today announced a Federal Register notice extending the validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through Jan. 4, 2021.
The notice automatically extends the validity of Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation). The validity dates for the affected countries are:
TPS Designation(s) Current Expiration Date New Expiration Date
El Salvador, Haiti, Nicaragua, and Sudan Jan. 2, 2020 Jan. 4, 2021
Honduras Jan. 5, 2020 Jan. 4, 2021
Nepal March 24, 2020 Jan. 4, 2021
DHS is extending the TPS documentation in compliance with the preliminary injunctions of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et. al. and the U.S. District Court for the Eastern District of New York in Saget, et. al., v. Trump, et. al., and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen.
Should the government prevail in its challenge to the Ramos preliminary injunction, the secretary’s determination to terminate TPS for Nicaragua and Sudan will take effect no earlier than 120 days from the issuance of any appellate mandate to the district court. The secretary’s determination to terminate TPS for El Salvador will take effect no earlier than 365 days from the issuance of any appellate mandate to the Ramos district court to allow for an orderly transition for affected TPS beneficiaries.
For more information, see the notice and the TPS page on the USCIS website.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

You have entered invalid authentication credentials

WASHINGTON — U.S. Citizenship and Immigration Services has revised Form I-912, Request for Fee Waiver, by removing the means-tested benefit criteria that was previously used as a factor in determining whether an applicant was exempt from paying for filing fees or biometric services. Individuals may still request a fee waiver if their documented annual household income is at or below 150% of the Federal Poverty Guidelines or they demonstrate financial hardship.

A means-tested benefit is a public benefit—offered by federal, state, or local agencies—for which eligibility and amount considerations are based on a person’s income and resources. USCIS formerly considered Medicaid, Supplemental Nutrition Assistance Program, Temporary Assistance to Needy Families, and Supplemental Security Income during eligibility evaluations.

USCIS has determined that receiving a means-based benefit is not an appropriate criteria in reviewing fee-waiver requests because income levels used to decide local assistance eligibility vary greatly from state to state. Read more at: https://www.uscis.gov/news/news-releases/uscis-updates-fee-waiver-requirements

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Cuccinelli Announces USCIS’ FY 2019 Accomplishments and Efforts to Implement President Trump’s Goals

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today released preliminary fiscal year 2019 agency statistics, accomplishments and efforts to implement President Trump’s agenda. These preliminary statistics highlight important immigration trends and illustrate the work accomplished by USCIS in FY 2019. The agency will publish final, verified FY 2019 statistics later next month.

“FY 2019 has been a historic year for USCIS and we have achieved many of President Trump’s goals to make our immigration system work better for America. As an agency, we have worked hand-in-hand with our fellow DHS components to answer President Trump’s call to address the ongoing crisis at our southern border. In the face of congressional inaction, we’ve taken significant steps to mitigate the loopholes in our asylum system, combat fraudulent claims and strengthen the protections we have in place to preserve humanitarian assistance for those truly in need of it,” said USCIS Acting Director Ken Cuccinelli. “Meanwhile, the men and women of USCIS continue to administer our nation’s lawful immigration system, processing a large number of applications and requests while naturalizing 833,000 new U.S. citizens, an 11-year high. Read more at: https://www.uscis.gov/news/news-releases/cuccinelli-announces-uscis-fy-2019-accomplishments-and-efforts-implement-president-trumps-goals

Contact Darren Heyman, immigration attorney, for more details www.greencardadvice.com.

Poland to join U.S. visa waiver program after decades-long campaign

The United States has formally nominated Poland for entry into its visa waiver program, making it easier for Poles to visit America.

President Donald Trump made the announcement as he departed the White House on Friday. The program allows pre-approved travelers from participating countries to visit the U.S. for up to 90 days without obtaining a non-immigrant visitor visa.

The White House calls the move an "important step in continuing to increase economic, security, cultural, and people-to-people connections between our two nations."

Poland has been pushing to be included in the program for years, and Trump administration officials had made clear the decision was expected.

"It’s the news we’ve all been waiting for," Poland's U.S. Embassy said after the announcement.

Trump said details of the program would be worked out "over the next couple of months." Read more at: https://www.euronews.com/2019/10/05/poland-to-join-u-s-visa-waiver-program-after-decades-long-campaign

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Clarifies Special Immigrant Juvenile Classification to Better Ensure Victims of Abuse, Neglect and Abandonment Receive Protection

WASHINGTON—U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. 

To ensure consistency surrounding this classification, USCIS is issuing three Administrative Appeals Office (AAO) adopted decisions. Through these adopted decisions, USCIS clarifies that it requires evidence of a court’s intervention to provide relief from abuse, neglect or abandonment beyond a statement that the juvenile is dependent on the court. This level of intervention from the court serves as an indicator as to whether the SIJ classification is sought for its intended purpose of relief from parental abuse, neglect or abandonment and not primarily to obtain an immigration benefit. Many juvenile court orders already contain this level of detail.

USCIS also clarifies that it will consider qualifying orders from state courts, provided the petitioner met the applicable definition of a juvenile under state law when the order was issued and the court determined the juvenile was subject to parental abuse, neglect, abandonment or similar maltreatment. These clarifications will provide guidance to adjudicators in evaluating juvenile court orders issued under different state laws in the adjudication of petitions for federal SIJ classification. Read more at: https://www.uscis.gov/news/uscis-clarifies-special-immigrant-juvenile-classification-better-ensure-victims-abuse-neglect-and-abandonment-receive-protection

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Houston arrests previously deported Mexican man who allegedly threatened to shoot ICE officers

HOUSTON — Deportation officers with U.S. Immigration and Customs Enforcement (ICE) arrested a Mexican man Tuesday who has illegally entered the U.S. on at least five separate occasions and who allegedly threatened to shoot ICE officers.

This investigation is being conducted by ICE Enforcement and Removal Operations (ERO) in Houston, Texas, and Boise, Idaho.

Cesar Diaz-Rodriguez, a 30-year-old illegal alien from Mexico, was arrested Oct. 8 in Houston, Texas, for illegal reentry. Diaz-Rodriguez was previously removed from the U.S. on Oct. 31, 2017, following a felony criminal conviction for unlawful possession of a firearm. Additionally, Diaz-Rodriguez has been voluntarily returned to Mexico three other times; twice in September 2004 and once in October 2011. Read more at: https://www.ice.gov/news/releases/ice-houston-arrests-previously-deported-mexican-man-who-allegedly-threatened-shoot-ice

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com. 

ICE removes Turkish national wanted to serve remainder of prison sentence

NEW YORK – U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) deportation officers removed a Turkish national Sept. 16, wanted in his home country to serve the almost four years remaining on his imposed prison sentence. Ozgur Mavruk, 37, was removed from the United States via a commercial air flight and transferred into the custody of Turkish law enforcement authorities.
According to Turkish law enforcement authorities; in February 2009, Mavruk, assisted by others, detained, drugged and raped a prosecution witness in order to compel that witness to change her testimony against the leader of a Turkish criminal organization, of which Mavruk was a member. In May 2013, Mavruk was convicted in Adana High Criminal Court of Adana, Turkey of Restriction of Freedom and sentenced to 10 years’ imprisonment. On March 17, 2015, Mavruk was arrested by the U.S Border Patrol near Rio Grande City, Texas, after illegally entering the United States, and transferred to ICE custody. On July 29, 2015, Mavruk was released from ICE custody after posting bond. In August 2015, the Public Prosecution Office of Adana, Turkey, issued an arrest warrant for Mavruk to complete a sentence for a conviction of Restriction of Freedom. Read more at: https://www.ice.gov/news/releases/ice-removes-turkish-national-wanted-serve-remainder-prison-sentence

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Announces New Locations for Onsite Overseas Military Naturalization Services

WASHINGTON—Today U.S. Citizenship and Immigration Services announced that it will provide military naturalization services at four overseas military bases, due to the agency’s shifting international footprint and office closures overseas.

Service members and eligible family members who are stationed overseas will now complete their naturalization process at one of four “hubs” located at Camp Humphreys, South Korea; Commander Fleet Activities Yokosuka, Japan; U.S. Army Garrison Stuttgart, Germany; and Naval Support Activity Naples, Italy. These hubs were selected based on their proximity to locations where USCIS international offices historically provided the most overseas military naturalization services.

“Ensuring that the men and women who dedicate their lives to protecting the United States of America can become citizens while serving abroad is of paramount importance,” said USCIS Acting Director Ken Cuccinelli. “These service members and their families sacrifice so much to keep our country safe and free. I thank the Department of Defense for partnering with USCIS to ensure naturalization services remain available throughout their deployments overseas.” Read more at: https://www.uscis.gov/news/news-releases/uscis-announces-new-locations-onsite-overseas-military-naturalization-services

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Trump expects to announce visa waiver program for Poland in weeks

NEW YORK (Reuters) - U.S. President Donald Trump told Poland’s president he expected to announce Polish entry into the U.S. visa waiver program in coming weeks as the two held talks on defense, security, energy and other issues, the White House said on Monday.

Speaking as he began a meeting with Andrzej Duda, Trump also confirmed his plans to move an unspecified number of U.S. troops to Poland from elsewhere in Europe and said the Polish government had agreed to pay for building facilities for them.


In June, Trump pledged to Duda that he would deploy 1,000 U.S. troops to Poland, a step sought by Warsaw to deter potential aggression from Russia. Duda has previously said he is considering naming the planned U.S. installation “Fort Trump.” Read more at: https://www.reuters.com/article/us-poland-usa-military/trump-expects-to-announce-visa-waiver-program-for-poland-in-weeks-idUSKBN1W82BC

Contact Darren Heyman, immigration attorney, for more details www.greencardadvice.com.

ICE removes French national wanted for attempted murder, kidnapping

NEW YORK – U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) deportation officers removed a French national Tuesday, wanted in his home country on attempted murder and kidnapping charges.

Samba Ndiaye, 42, also known as Mohamed Fall, was removed from the United States via an ICE Air charter flight and transferred into the custody of French law enforcement authorities.

According to French law enforcement authorities, in December 2002, under his true identity, Ndiaya was convicted of a 1997 kidnapping, sequestration with acts of torture and attempted murder of a male in the city of Marseilles. He was sentenced in absentia to life imprisonment. Read more at: https://www.ice.gov/news/releases/ice-removes-french-national-wanted-attempted-murder-kidnapping

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Houston arrests 3-time-deported Mexican man wanted for homicide in California

HOUSTON — Deportation officers with U.S. Immigration and Customs Enforcement (ICE) on Wednesday arrested a three-time deported Mexican man who is wanted on an outstanding warrant for homicide in Anaheim, California.

This investigation was conducted by ICE Enforcement and Removal Operations (ERO) in Houston, Texas; Anaheim Police Department (APD); and Orange County (California) District Attorney’s (OCDA) office.

Leopoldo Serrano Vargas – aka Leonel Serrano Vargas and Ricardo Hernandez – an illegal alien from Mexico of uncertain age (reported as both 44 and 46), was arrested Sept. 11 at his residence in Northeast Houston for illegally re-entering the United States after having been deported, which is a felony. Read more at: https://www.ice.gov/news/releases/ice-houston-arrests-3-time-deported-mexican-man-wanted-homicide-california

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS to Welcome More Than 34,000 New Citizens in Celebration of Constitution Day and Citizenship Day

WASHINGTON—USCIS announced today that it will celebrate Constitution Day and Citizenship Day by welcoming nearly 34,300 new U.S. citizens during 316 naturalization ceremonies across the nation between Sept. 13 and 23.

The USCIS Constitution Week activities will feature a naturalization ceremony at the DAR Constitution Hall on Sept. 17, where USCIS Acting Director Ken Cuccinelli will administer the Oath of Allegiance and provide congratulatory remarks to 1,000 new U.S. citizens. View a list of other notable 2019 Constitution Week-themed naturalization ceremonies.

“Two hundred and thirty-two years ago, our great country adopted the United States Constitution, and as we celebrate Constitution Week, it is important to underscore the significance of citizens’ responsibilities for protecting and defending the Constitution,” said Acting Director Cuccinelli. “These nearly 34,300 new U.S. citizens followed the law on their path to naturalization and now call the U.S. home. I can think of no better way to celebrate Constitution Week than to welcome thousands of new U.S. citizens who have assimilated, made a commitment to our great country, and have vowed to support the Constitution.” Read more at: https://www.uscis.gov/news/news-releases/uscis-welcome-more-34000-new-citizens-celebration-constitution-day-and-citizenship-day

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

US to remove mandatory interview for certain visas from September 1

The US is in the process of making its visa application procedure shorter for Indian nationals and some applicants can even apply for an exemption from the obligatory interview from September 1.
The US consulate in a communication to travel agent associations said that this initiative is intended to shorten turnaround times for visa renewals and improve customer service for visa requests across India.
The consulate further stated that starting September 1, the eligible applicants are required to book an appointment date to leave their passport and visa application materials at one of its 11 locations in the country, the Economic Times reported citing the communication. Read more at: https://www.businesstoday.in/current/economy-politics/us-visa-indian-passport-holders-mandatory-interview-waiver-visa-application-united-states-of-america/story/376005.html

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Cuccinelli Statement on Supreme Court’s Decision Allowing Enforcement of the Asylum Rule

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Ken Cuccinelli issued the following statement on the Supreme Court’s decision to permit the enforcement of the Trump Administration’s asylum rule requiring asylum seekers to seek protection in at least one third country they traveled through en route to the United States.

“I applaud the Supreme Court’s decision to strike down judicial activists’ injunction and allow the Trump Administration to carry out its rule to strengthen the asylum process. I commend the work done by the attorneys at the Department of Justice to achieve this outstanding outcome. The Administration’s rule is designed to safeguard the integrity of the U.S. asylum system and ensure asylum seekers seek protection in the first safe country they travel through.

“For far too long, the loopholes in our nation’s asylum system have been exploited by drug cartels, human traffickers and other organized crime factions in order to shuttle those seeking economic opportunities and family reunification through our southern border. Read more at:https://www.uscis.gov/news/news-releases/cuccinelli-statement-supreme-courts-decision-allowing-enforcement-asylum-rule

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE arrests 39 suspected human rights violators across the US during Operation No Safe Haven V

WASHINGTON — U.S. Immigration and Customs Enforcement (ICE) arrested 39 fugitives – 30 males and nine females – sought for their roles in known or suspected human rights violations during a nationwide operation that took place from Aug. 27 to 29.

The ICE National Fugitive Operations Program in coordination with the ICE Human Rights Violators and War Crimes Center, and the ICE Office of the Principal Legal Advisor, worked with ICE’s Enforcement and Removal (ERO) Atlanta, Baltimore, Chicago, Dallas, Houston, Los Angeles, Miami, New Orleans, New York City, Newark, Salt Lake City, and San Francisco field offices to arrest these fugitives.

The foreign nationals arrested during this operation all have outstanding removal orders and are subject to repatriation to their countries of origin. Of the 39 known or suspected human rights violators arrested during Operation No Safe Haven V, 16 individuals are also criminal aliens in the U.S. with convictions for crimes including, but not limited to, domestic violence, driving under the influence of liquor, drug distribution, firearm possession, grand theft, reckless endangerment, robbery, fraud and theft. Read more at: https://www.ice.gov/news/releases/ice-arrests-39-suspected-human-rights-violators-across-us-during-operation-no-safe

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com

USCIS Re-Opens Previously Pending Deferral Requests

Today, U.S. Citizenship & Immigration Services announced it will reopen non-military deferred action cases that were pending on August 7.  Letters will be sent this week re-opening all cases that were pending on August 7.

On August 7, USCIS stopped its consideration of deferred action for non-military requestors. At that time, USCIS sent out letters informing those who had requested deferred action that USCIS was no longer entertaining such requests. Deferred action is a discretionary determination to defer the deportation of an individual who is illegally present in the United States as an act of prosecutorial discretion on a case-by-case basis.  Those denied requests that were pending on August 7 did not have removal orders pending, and have not been targeted for deportation.

While limiting USCIS’ role in deferred action is appropriate, USCIS will complete the caseload that was pending on August 7.

As USCIS’ deferred action caseload is reduced, the career employees who decide such cases will be more available to address other types of legal immigration applications on a more efficient basis.

Deferred action related to military members and DACA was not affected by the August 7 action, and consideration of such cases is ongoing. Read more at: https://www.uscis.gov/news/alerts/uscis-re-opens-previously-pending-deferral-requests

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com

Molotov cocktail thrown into US Citizenship and Immigration office

A woman threw a lit Molotov cocktail into the lobby of a US Citizenship and Immigration Services (USCIS) office in Oakland Park, Florida, on Friday. No one was injured, according to a report sent to Trump administration officials and seen by the Associated Press.

The woman walked into the office on Friday afternoon and threw a bottle filled with gasoline. A lit fuse disconnected from the bottle and the device did not ignite, according to the report.Law enforcement officials believe the woman intended to cause harm but the incident was not related to other recent instances in which homeland security agencies were targeted.Earlier this month in San Antonio, Texas, at least one vehicle pulled up to a building that houses offices for US Immigration and Customs Enforcement, or Ice, and a gunman fired shots through a window, FBI officials said. No one was injured. Another building used by Ice was also fired on. Read more at: https://www.theguardian.com/us-news/2019/aug/31/molotov-cocktail-uscis-us-citizenship-immigration-services-office

Contact Darren Heyman, immigration attorney, for more information.

ICE RAC Cocoa Beach arrests man after online threats

COCOA BEACH, Fl. – Homeland Security Investigation’s (HSI) office in Cocoa Beach and the Cocoa Beach Police Department arrested a man on Aug. 24 for violation of state law (FSS 836.10) concerning written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
“This is another example of HSI using our unique international investigative authorities to make our local communities safer,” said HSI Tampa, Orlando Assistant Special Agent in Charge David Pezzutti.
“The strength of our law enforcement partnerships continues to serve as a force-multiplier as we work to ensure the public safety,” said Cocoa Beach Police Chief Scott Rosenfeld. “I am proud of the teamwork displayed and our investigators’ resolve to expeditiously locate and apprehend this individual.” Read more at: https://www.ice.gov/news/releases/ice-rac-cocoa-beach-arrests-man-after-online-threats

Contact Darren Heyman, immigration attorney, for more information.

USCIS Policy Manual Update

Introduction

Our latest update to the USCIS Policy Manual defines “residence” as it relates to citizenship for children of certain U.S. government employees and members of the U.S. armed forces who are employed or stationed outside the United States, to conform with the definition of residence in the Immigration and Nationality Act (INA). This guidance rescinds previously established USCIS policy, which stated that certain children who were living outside the United States were considered “residing in” the United States.

As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their children. Under the previous policy, parents of those children could file either Form N-600, Application for Certificate of Citizenship, or Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, on behalf of their children. As of Oct. 29, 2019, these parents must file Form N-600K to obtain U.S. citizenship for any child who did not acquire citizenship at birth or while residing in the United States. Therefore, we will apply current guidance to all applications filed before Oct. 29, 2019. Read more at: https://www.uscis.gov/news/fact-sheets/uscis-policy-manual-update

Contact Darren Heyman, immigration attorney, for more information.

Indian artifacts repatriated to home country during London ceremony

LONDON – Pursuant to an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with participation from the Metropolitan Police Service (MPS); the High Commission of India in London in coordination with Indian Customs; and the Manhattan District Attorney’s Office in New York (DANY), the limestone carved relief and Navaneetha Krishna Bronze figure from India were repatriated to their home country.  On Aug. 15, the High Commissioner of India in London accepted the return of the artifacts on behalf of India.

The artifacts are linked to one of the most prolific art smugglers in the world, who was recently charged in Manhattan, New York.  An individual in the United Kingdom who possessed the items came forward to HSI expressing a desire to surrender the pieces.  In June 2019, working with the MPS, the individual cooperated and turned over the artifacts to authorities. Read more at:https://www.ice.gov/news/releases/indian-artifacts-repatriated-home-country-during-london-ceremony

Contact Darren Heyman, immigration attorney, for more information.

Mexican man extradited to the United States to face sex trafficking charges

NEW YORK — A Mexican man was extradited to the United States Wednesday to faces charges for his role in a transnational sex trafficking ring. This following an investigation by U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations (HSI) New York with assistance from the HSI Mexico City Attaché office and the Mexican Federal Police.

Jose Miguel Melendez-Rojas was arrested in February 2019 in Mexico following the joint investigation, and is charged with five co-defendants: two were extradited from Mexico to the United States in October 2018, and three were previously arrested in the United States. He faces an 18-count indictment charging him with sex trafficking conspiracy, sex trafficking of minors, interstate prostitution, alien smuggling and money laundering conspiracy. Read more at: https://www.ice.gov/news/releases/mexican-man-extradited-united-states-face-sex-trafficking-charges#wcm-survey-target-id

Contact Darren Heyman, immigration attorney, for more information.

USCIS Helps Detect Marriage Fraud Ring

NEW HAVEN, Conn. — John H. Durham, United States attorney for the District of  Connecticut; the acting special agent in charge of Homeland Security Investigations (HSI) in Boston; and a supervisory immigration officer for U.S. Citizenship and Immigration Services (USCIS) Office of Fraud Detection and National Security (FDNS), announced that Jodian Stephenson, also known as “Jodian Gordon,” 35, of Bridgeport, pleaded guilty on Aug. 19, in New Haven federal court to a conspiracy charge stemming from her arrangement of numerous fraudulent marriages so that non-U.S. citizens would receive U.S. immigration benefits.

USCIS officials within the FDNS Directorate learned of the potential fraudulent marriages to obtain Green Card benefits in 2016 and began collaborating with HSI investigators to reveal numerous cases of marriage fraud.

“We at USCIS take marriage fraud – and all fraud – seriously,” said USCIS Acting Director Ken Cuccinelli. “I commend the professionalism of the USCIS staff that reported the attempts to defraud our immigration system, and our officers who are partnering with HSI and the U.S. Attorney’s Office for the District of Connecticut to investigate these claims. I also thank our law enforcement partners for their efforts to bring perpetrators to justice. Let this serve as a reminder that if you partake in fraudulent activity, you will get caught.” Read more at:https://www.uscis.gov/news/news-releases/uscis-helps-detect-marriage-fraud-ring

Contact Darren Heyman, immigration attorney, for more information.

USCIS Issues Guidance on Discretionary Employment Authorization for Parolees

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued policy guidance (PDF, 305 KB) in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States, including those who are otherwise inadmissible.

Certain foreign nationals may be paroled into the United States for urgent humanitarian reasons or significant public benefit. Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization. USCIS will only consider employment authorization for parolees when, based on the facts and circumstances of each individual case, USCIS finds that a favorable exercise of discretion is warranted. Read more at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

Contact Darren Heyman, immigration attorney, for more information.

Former vice president of Venezuela Tareck El Aissami and Venezuelan businessman Samark Lopez Bello added to ICE’s Most Wanted List for international narcotics trafficking, money laundering

NEW YORK – U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced earlier this month the addition of former Venezuelan Vice President and current Minister of Industry and National Production Tareck Zaidan El Aissami Maddah and his co-conspirator, Venezuelan businessman Samark Jose Lopez Bello, to its Most Wanted list for international narcotics trafficking and money laundering. The action followed an ICE HSI New York investigation that led to their special designations as narcotics traffickers as well as sanctions imposed by the U.S. Treasury Department in 2017 and criminal charges filed by the U.S. Attorney’s Office for the Southern District of New York earlier this year.

El Aissami was appointed executive vice president of Venezuela in January 2017. He previously served as governor of Venezuela's Aragua state from 2012 to 2017, as well as Venezuela's minister of interior and justice starting in 2008. He facilitated shipments of narcotics from Venezuela, including control over planes that left from a Venezuelan air base and routing drugs through Venezuelan ports. In his previous positions, he oversaw or partially owned narcotics shipments of more than 1,000 kilograms from Venezuela on multiple occasions, including those with final destinations in Mexico and the United States. Read more at: https://www.ice.gov/news/releases/former-vice-president-venezuela-tareck-el-aissami-and-venezuelan-businessman-samark

Contact Darren Heyman, immigration attorney, for more information.

US Customs and Border Protection says systems are being restored after earlier outage snarled international arrivals at airports

U.S. Customs and Border Protection said Friday evening that systems around the country were being restored after an earlier outage prevented U.S. immigration officials from processing thousands of arriving passengers during a busy summer travel day.

It wasn’t immediately clear what caused the problem at U.S. Customs and Border Protection, but the agency said it will continue investigating. There was no indication that the system was intentionally derailed, according to a CPB official.

CBP officers used “alternative procedures” to process travelers arriving from abroad, the agency said. Read more at: https://www.cnbc.com/2019/08/16/computer-issue-snarls-immigration-processing-at-airports-around-the-us.html

Contact Darren Heyman, immigration attorney, for more information.

ICE Starts Immigration Site Visits For Students On STEM OPT

Immigration and Customs Enforcement (ICE) officers could question international students and company managers during new site visits underway to investigate students on Optional Practical Training (OPT) in science, technology, engineering and math (STEM) fields. This is the latest in a series of actions by the Trump administration aimed at companies, high-skilled professionals and international students.

“Though ICE has had the authority to make site visits since regulations governing the STEM OPT program were revised in May 2016, the agency has not begun to conduct inspections until now,” according to the Fragomen law firm. “The inspection may include individual interviews with company personnel, a review and discussion of the foreign national’s training plan and its implementation, and a review of his or her skills and degree in relation to the STEM degree. ICE may also request to view F-1 trainee workspaces or receive a tour of the premises.” Read more at: https://www.forbes.com/sites/stuartanderson/2019/08/12/ice-starts-immigration-site-visits-for-students-on-stem-opt/#61c54f075512

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility LawWASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources. This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

WASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status. Read more at:https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law

Contact Darren Heyman, immigration attorney, for more information.

Arriving in the USA Without an ESTA — TPG Staff Mistake Story

What Is an ESTA?

If you’ve never travelled to the States before, you might not know that you need a valid ESTA (Electronic System for Travel Authorization). It’s used to determine the eligibility of a foreign national to travel to the United States under the Visa Waver Program (VWP). The VWP was introduced in 2006 to enable nationals of 38 countries across the globe to gain easier access to travel to the US for business or leisure without going through the lengthy process of applying for a proper visa.

How Do I Apply for an ESTA?

There is only one official government site to apply for an ESTA. It is a relatively straight-forward process, which costs $14 (£11). I would advise doing your application as soon as you find out that you’ll be travelling to the States in order to make sure you avoid any last-minute issues like I did. It can take anywhere from a couple of hours to three days for the ESTA to be granted, and until it is, you will not be allowed to clear customs upon landing. Read more at: https://thepointsguy.co.uk/news/arriving-in-usa-without-esta-staff-mistake/

Contact Darren Heyman, immigration attorney, for more information.

USCIS Will Adjust International Footprint to Seven Locations

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director Ken Cuccinelli directed the agency to continue operating in Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador, as part of a whole-of-government approach to address the crisis at the southern border.

While retaining these seven international offices, USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September. These organizational changes will allow more effective allocation of USCIS resources to support, in part, backlog reduction efforts. Read more at: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

Contact Darren Heyman, immigration attorney, for more information.

US immigration: ICE releases 300 people after Mississippi raids

US immigration officials say they have temporarily released about 300 people who were arrested in a massive raid in Mississippi on Wednesday.

Nearly 700 workers from seven agricultural processing plants were arrested for allegedly not having proper documentation to be in the US.

The raids sparked condemnation from Democrats as stories emerged of children separated from their parents.

Officials say they took steps to ensure any children were properly cared for.

Immigration and Customs Enforcement (ICE) said "approximately 680 removable aliens" had been detained during the operation, which saw agents arriving in buses to question and arrest workers at the plants.

President Donald Trump had announced an immigration crackdown in June, saying "millions of illegal aliens who [had] found their way into the US" would be removed. Read more at: https://www.bbc.com/news/world-us-canada-49283157

Contact Darren Heyman, immigration attorney, for more information.