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Los Angeles, CA 90010
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Do You Have an Immigration Problem, A Citizenship Question? Together, We'll Find A Solution
5/17/2022 Issue
In the past few weeks, we see signs of life from various consulates around the world: they started scheduling more interviews for immigrant visas and issuing more such visas. Even at the American Consulate in Manila. And this is true for both the Family categories and the Employment-based categories. This is GOOD.
           The unfortunate result is that the QUOTAS – the number of immigrant visas available, are used up much faster.
           The first NEGATIVE impact showed up in the allocation of EMPLOYMENT based immigrant visas in the E3W category for unskilled workers. These are workers sponsored for jobs that do not require a college degree or, at least, TWO YEARS of work experience. For example: housekeepers, caregivers, child monitors, “assistants” in any occupation, etc.
           For the month of June 2022, immigrant visas would be issued for UNSKILLED workers if their Labor Certifications were filed with the Department of Labor before May 8, 2019 (three years ago).
           This is BAD. It remains to be seen how this would affect other, higher employment categories.

           One way to get a Green Card is by MARRIAGE to an American citizen. But everyone who makes such an application is suspected automatically of committing marriage FRAUD. But fraud is not so easy to prove.
           The government’s solution was to issued such applicants a CONDITIONAL CARD, good for two (2) years only not a PERMANENT Green Card, , if at the time of getting the card the marriage is less than 2 years old. Before the end of the two conditional years, the holder of a conditional card must submit a new application (Form I-751), showing the government that he or she is still married to the same U.S. citizen, or explaining why the marriage does not exist anymore.
           This second application is called REMOVAL OF CONDITION (Form I-751). Its problem is that it takes the USCIS 2 – 3 years to adjudicate. Until they do remove the condition and issue a Permanent Green Card, the life of the applicant may suffer all kinds of difficulties. (For example: the marriage might fall apart).
           There are many reasons for this long processing time (2-3 years) of Form I-751. One of the reasons is that since the days of President Trump the USCIS is required to conduct a personal interview of EVERY applicant who obtained an Immigrant visa based on a marriage at an American Consulate (if the marriage was less than 2 years old upon entry to the U.S.).
           Now came the USCIS and announced that if the supporting documents submitted with the Form I-751 are convincing that the marriage was – and still is – a good marriage, they may WAIVE the need for a personal interview and issue a permanent card without an interview.

           Application for Employment Authorization (Form I-765) is another type of application the processing of which takes a very long time. As a “band aid” on this problem, the USCIS used to issue the receipts for applications of renewals of existing Employment Authorizations with an automatic extension for 180 days (6 months).
           But this was not much of a solution, and many people lost their jobs when the 180 days extension expired and they still did not get the actual new EAD (Employment Authorization Document).
           For some reason, the USCIS cannot find a way to speed up the processing of Form I-765, but they recognize the problem this creates not only to the applicants, but to the U.S. economy as a whole. So, a few days ago they came up with a solution – actually, a bigger “band aid”.
   USCIS announced that now the automatic extension for expiring EAD’s would be 540 days…this means when a holder of an EAD files a timely application for extension, the RECEIPT will include an extension for 18 months, or one and a half year.
Hallelujah, again!


           Foreign students are not permitted to work in the U.S. (with some exceptions).  But what is “work”?
           Many foreign students are, as well, exceptional ATHLETES in various fields. Like many American athletes, they get offers from American companies, commercial businesses and non-commercial entities, to permit the use of their NAMES, IMAGES or LIKENESS on the companies’ products or messages, for a FEE - sometimes very big fees. This is called ENDORSEMENTS.
           Why is this not available for foreign students, holders of F-1 (or other special) visas?
           Because the Immigration Service considers this transaction “work”, illegal work, a violation of the terms of the student visa.
           So, dear Foreign Student, don’t sell your picture. You may lose your visa.

           This is a direct quotation from the Daily Journal, the legal newspaper of Southern California:

             Do “nonhuman animal”
have the fundamental right
of liberty as protected by
habeas corpus? Multiple
courts have said no, but an
animal rights organization
is trying again with a petition
against the Fresno Chaffee

           This HABEAS CORPUS petition seeks to free three ELEPHANTS from the zoo.
           The 3 elephants have names: Amahle, Nolmazi and Vurmuri.  “Upon recognition of the elephants’ rights [for bodily liberty]” they should be discharged from the Fresno Zoo and placed in an appropriate sanctuary.
           Why not? We all like elephants.
           P.S. The real questions have not been asked: These 3 “nonhuman animals”: Amahle, Nolmazi and Vurmuri - how did they enter the U.S.? With visas? Or did they sneak in across the border? Have they overstayed? What is their relationship to each other? Have they been employed illegally? What about Political Asylum? Who shall provide an Affidavit of Support for an elephant? If we permit one elephant to stay – how many others would follow?
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222