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Green Card Holder Stranded Outside the US Due to COVID-19

As more and more individuals have found themselves stranded outside the US due to COVID-19, the question for permanent residents is more than mere inconvenience. A US legal permanent resident is bound by fixed time frames. Specifically, an absence from the US of more than six months consecutively may lead to a presumption of an abandonment of US residence. An absence from the US of more than 1 year may impact the validity of the I-551 green card. In the latter situation, US law provides for a special visa: SB-1 Returning Resident Visa. The SB-1 process actually involves two steps: at the nearest US consulate, the permanent resident submits 1) a DS-117 application to determine whether he or she meets the SB-1 criteria, and if approved 2) an immigrant visa application to determine whether the individual is admissible to the United States. For the SB-1 part of the process, the…

The Fat Lady, Stowaways, and Alien Smugglers

“It ain’t over till the fat lady sings…” The opera expression widely used in sports has taken on a whole new relevance in the immigration world. No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications — from 3, 5, 10, 15, 20 years ago — searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” — in these cases, USCIS and the State Department consular posts — doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more. A stowaway is someone who obtains transportation without consent and through concealment. Anyone who enters the US by a…

Surrender is Not an Option. AZTech, Integra Technologies, Andwill, and Wireclass Update II

Thank you for all of your questions related to AZTech, Integra, Andwill, and Wireclass. The dramatic upsurge in questions corresponds to the mass issuance of Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) by USCIS to I-765 STEM extension applicants and H-1B petitioners. The texts of the NOIDs and RFEs are relatively standard. For example, one of the RFEs states: Provide your complete employment history (including start and end dates) and proof of employment for your initial grant of Optional Practical Training (OPT). Evidence of employment may include but is not limited to: Letters for employer(s) establishing jot title(s), duties, location, pay rate, and number of hours worked per week. Copies of your earning statements/pay stubs. Copies of your W-2s. If you worked for an employment agency or consultancy, you must provide evidence of the jobs you worked on and dates worked. Additionally, if you…

AZTech, Integra Technologies, Wireclass and Andwill Update

Thank you for your phone calls. After speaking with so many of you, it has become obvious that those who were associated with AZTech, Integra Technologies, Wireclass and Andwill did so with legitimate intentions and the goal of full compliance with the OPT requirements. While the common thread binding most of you is a visa revocation, there are several categories of individuals who have been impacted, including: 1) those in the US who are beneficiaries of a pending H-1B petition and USCIS has issued a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) related to their prior OPT experience and/or visa revocation; 2) those in the US who are applying for STEM OPT extensions and USCIS has issued a RFE or NOID related to their prior OPT experience and/or visa revocation; 3) those who attempted to enter the US with a visa and Customs and Border Protection…

COVID-19, Extensions of Status, and Section 222(g) of the Immigration and Nationality Act

With the raging of the pandemic, cancelled flights, and travel restrictions, thousands of visitors have been stranded in the United States. While some legal relief has been provided for delayed departures for those who entered without visas under the Visa Waiver Program, very little has been discussed about those who entered the US with visas and have been unable to leave within the allotted time frame. As a reminder, holders of B-1 and B-2 visas are usually granted 6 months of authorized stay when they arrive in the US. If a person overstays this authorized time frame, the visa becomes void under Section 222(g) of the Immigration and Nationality Act. What this means is that even if the visa itself has validity time remaining, it nevertheless becomes null and cannot be used. For example, if in June 2019 a B visa was issued for 10 years through June 2029, and…