July 2017
Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235
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“Be the change that you wish to see in the world.”
― Mahatma Gandhi
NEWS Flashes
EB1 Extraordinary Ability: Self-Petition For A Green Card
Provisional I 601A Waiver: Available For Those Who Were Deported As Well
Incorrect Translation In Immigration Proceedings Can Cost You A Green Card
FALSE CLAIM TO US CITIZENSHIP CAN BE EXCUSED
Legally Speaking: When a US Citizen spouse doesn’t want to sponsor a Non-citizen spouse
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Legally Speaking: Changes to Prosecutorial Discretion under Trump Administration
- MAVNI Program May Be Canceled
Author: Green Card attorney Alena Shautsova
MAVNI or Military Accessions in the National Interest program allows non-immigrants to join US Military forces and obtain citizenship via expedited way. It was first authorized by President Obama in 2009.
On July 3, 2017 National Public Radio reported that Pentagon has plans to eliminate MAVNI program due to increased security concerns. The NPR states that it obtained a draft of the Memo detailing the plans regarding MAVNI. “Nearly 10,000 immigrants are in the MAVNI program, principally the Army, according to the Pentagon memo. The memo divides them into four groups based on their potential security risk, as determined by their level of vetting and their access to classified information.”
If MAVNI program would be in fact cancelled, then thousands of enlistees whose visas expired and who were waiting for the citizenship would face risk of deportation.
There have been already instances of lawsuits filed in connection with the program.
In one of the lawsuits, those recruited by the Army have sued. They argue that they were promised an expedited path to citizenship but that the Department of Homeland Security, at the behest of the Pentagon, has failed to process their naturalization applications, as required by law.
“In the other case, the plaintiffs argue the Pentagon discriminated against naturalized U.S. citizens who were denied security clearances in the first terms of their enlistment. That meant that the military careers of the MAVNI recruits were effectively stalled out because they were unable to attend officer training school, for instance” reports NPR.
“The lead plaintiff in that lawsuit, Kirti Tiwari, is a native of India, with a master’s degree in molecular biology. He was selected as an Army nominee for NASA’s astronaut program, but that plan was put on hold when Tiwari couldn’t get a security clearance in his first term of enlistment.”
MAVNI is an excellent opportunity for those who can contribute their knowledge, experience and enthusiasm to stay in the US legally. The creator of the program retired Lt. Col. Margaret Stock assured that the program contain several levels of vetting and a “bad guy” would not be able to obtain access to secured information. It would be disappointing to lose a chance of enriching US forces with talented and educated young people.
- Implementation of Trump Travel Ban after US Supreme Court Decision
Author: US Immigration attorney ALENA SHAUTSOVA
On June 29, 2017 US Supreme Court partially allowed Trump’s Travel Ban to go into effect. The Court stated that the travel ban should not be implemented against those who can establish existing bona fide relationship with a US company or person. The ban affected nationals of six, predominantly Muslim countries: Libya, Syria, Iran, Yemen, Sudan and Somalia. The travel ban affects all refugees seeking entry to the US for 120 days. (The exception of bona-fide relationship applies to them as well, however, according to some resources reported in the media, as many as 40% of the refugees do not have any ties in the US).
Later, the Trump administration clarified who exactly will be affected by the ban. DHS specified that “A close familial relationship is defined as a parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and including step relationships. “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, and any other “extended” family members.”
Further, Department of Sate issued instructions to all consulates as follows:
· Any applicant who has a credible claim of a “bona fide relationship” with a person or entity in the United States. Any such relationship with a “person” must be a close familial relationship, as defined below. Any relationship with an entity must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO 103780. Eligible derivatives of principal visa applicants who are either deemed to be exempt from the EO’s suspension of entry or qualify for a waiver under the EO also receive the benefit of the exemption or waiver.
· Any applicant who was in the United States on June 26, 2017;
· Any applicant who had a valid visa at 5:00 p.m. EST on January 27, 2017, the day Executive Order 13769 was signed;
· Any applicant who had a valid visa on June 29, 2017;
· Any lawful permanent resident (LPR) of the United States;
· Any applicant who is admitted to or paroled into the United States on or after June 26, 2017;
· Any applicant who has a document other than a visa, valid on June 29, 2017, or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;
· Any dual national of a country designated under the order when traveling on a passport of a non-designated country and, if needed, holds a valid U.S. visa;
· Any applicant travelling on a diplomatic-type visa;
· Any applicant who has been granted asylum; has already been admitted as a refugee; granted withholding of removal, advance parole, or protection under the CAT; and
· Any asylee and refugee following-to-join spouse (V93) or child (V92) applicant.
Department of state has confirmed that no visas issued before the EO’s effective date of June 29, 2017 will be revoked pursuant to the Executive Order. Any individual whose visa was marked or cancelled solely as a result of the original EO issued on January 27, 2017 (EO 13769) will be entitled to a travel document permitting travel to the U.S., so that the individual may seek entry. Any individual in this situation should contact the closest U.S. Consulate to request a travel document.
The authorities further confirmed that the visa applications will be accepted, the visa interviews will not be cancelled.
The travel ban is supposed to last for 90/120 days respectfully. If you have questions regarding the Travel Ban, give us a call at 917-885-2261.
Visit our resources on Asylum, Recent Changes in Immigration laws and Processing times:
- Processing Times THE USCIS PROCESSING TIMES:
https://egov.uscis.gov/cris/processTimesDisplay.do
- The Administrative Appeals Office http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=dfe316685e1e6210VgnVCM100000082ca60aRCRD&vgnextchannel=dfe316685e1e6210VgnVCM100000082ca60aRCRD
- Labor Department Processing Times
The following link provides approximate times for PERM processing periods:
http://icert.doleta.gov/#fragment-2
- Nonimmigrant Visa Wait Times
Depending on your location, the US Department of State provides the following approximate visa wait times:
http://travel.state.gov/visa/temp/wait/wait_4788.html?post=Kyiv&x=86&y=13
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