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^{Dear Visitors:}

Law Offices of Tsirina Goroshit & Associates., P.C. is proudly presenting offices new redesigned website, where you can find valuable information about immigration law. Please Visit Us at

                             www.usimmigrationplus.com



          ^{We invite you to visit our TESTIMONIALS page where  you may find what people think about us and FAQ page where you may find valuable information on various immigration topics such as: Asylum; Adjustment of Status; Employment based Immigration; Citizenship; Deportation etc.}

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Litigation over long delayed applications for immigration benefits.  The long delays associated with Adjustment of status application and Citizenship must stop. Despite USCIS announcements, there is still a great number of applicants who are waiting for many years. 

If you applied for a citizenship and 120 days have passed since the naturalization interview or If you applied for a green card and 180 days passed since your adjustment of status interview without adjudication of you case, call us for a free evaluation of your case.

                                                Law makes a difference!                      

What could be done If your case is denied?

If you have received an unfavorable decision from USCIS or Immigration Court, you have the right to appeal the decision to the Administrative Appeals Office, or the Board of Immigration Appeals.

Also you have the right to appeal a decision to a federal court.

Certain cases are not qualified for an appeal, for those cases, you have the right to file a motion to reopen or reconsider or submit a waiver.

Waivers under INA for unlawful presence and other waivers.Who needs a waiver?

If you unlawfully presented in the U.S. for ONE YEAR or more, and left or was removed from the country, you are not admissible for 10 years from the date of departure, however INA under section 212(a)9 B (v) provides for a waiver of unlawful presence grounds of inadmissibility.

Also, If you have ever been convicted of a crime, committed immigration fraud, been deported, entered the US illegally or overstayed for more than 180 days you may need a waiver.

We are constantly challenging delayed adjustment and naturalization applications in federal district court and are successful in various waivers such as I-601 waivers and applications for cancellation of removal.

 Battered Spouse, Children & Parents

Have you been Abused?

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.

                CALL US (212)880-1538 or EMAIL US at lawmakesdifference@hotmail.com

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  NEWS RELEASE

Prosecutorial Discretion

Washington D.C.– the Department of Homeland Security (DHS) announced that they are taking concrete steps to implement existing guidelines on prosecutorial discretion across the agency in an attempt to provide relief for low priority immigration cases. DHS also announced the creation of a committee which will review 300,000 immigration cases currently in removal proceedings to determine which cases are low priority and can be administratively closed.

 USCIS Announces "Entrepreneurs in Residence" Initiative

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh to announce “Entrepreneurs in Residence.”  This new innovative initiative will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. Mayorkas announced the initiative at the Jobs Council’s High Growth Entrepreneurship Listening and Action Session at AlphaLab in Pittsburgh before the Council’s quarterly meeting with President Obama.

Attack on Prosecutorial Discretion.

 The luster may be wearing off Republican attacks on DHS’s prosecutorial discretion policies. Efforts to paint the prioritization of cases as “backdoor amnesty” didn’t seem to go anywhere in yesterday’s hearing on immigration enforcement in the Subcommittee on Immigration Policy and Enforcement. ICE Director John Morton defended the prosecutorial discretion guidance he issued earlier this year as “trying to make good calls and good judgments” within a series of tough choices and finite resources.

Ohio Welcome Plan

Shortly after Alabama began implementing their anti-immigration law (HB 56), Dayton, Ohio passed legislation that welcomes and integrates immigrants with the hope that they will revitalize their slowing economy. Faced with a declining population, Dayton’s City Commission voted unanimously last week to adopt the Welcome Dayton Plan—a plan that is tapping into the very economic stimulus that Alabama is driving out.

The Welcome Dayton Plan focuses on four aspects crucial to attracting and integrating immigrants—business and economic developments, increased government participation, improved access to health services, and involvement in the culture, arts, and educational opportunities. Specifically, the Welcome Dayton Plan seeks to:

• Create an inclusive community-wide campaign around immigrant entrepreneurship that facilitates startup businesses, opens global markets and restores life to Dayton neighborhoods.
• Offer language services to access government and health services, and educate immigrants about government participation and laws.
• Issue “municipal identification cards for community residents who are not eligible for any other accepted identifying document.”
• Advocate for immigrant friendly laws at the state and federal levels through the City and County lobbying efforts.

By welcoming immigrants, Dayton expects to grow their local economy, increase the number of small business and integrate immigrants into their communities—a far cry from the current chaos in Alabama. In a survey leading up to the plan, officials asked residents how the arrival of immigrants has impacted Dayton. The response? “Businesses were started. Jobs were created. Houses were rehabilitated. Underused buildings were reused and rejuvenated.”

Relief to Thousands of Crime Victims.

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.

On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.

The Department of Homeland Security (DHS) is eliminating NSEERS

by removing the following countries from, and

relieving nonimmigrant nationals or citizens of the following countries

from compliance with, the special registration procedures under the

National Security Entry-Exit Registration System (NSEERS): Afghanistan,

Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq,

Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan,

Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab

Emirates, and Yemen. Over the past six years, the Department of

Homeland Security (DHS) has implemented several new automated systems

that capture arrival and exit information on nonimmigrant travelers to

the United States, and DHS has determined that recapturing this data

manually when a nonimmigrant is seeking admission to the United States and no longer provides any increase in security. DHS,

therefore, has determined that it is no longer necessary to subject

nationals from these countries to special registration procedures, and this notice deletes all currently designated countries from NSEERS

compliance.

 U.S. Citizenship and Immigration Services Announces a Fees Increase for Immigration Benefits, the adjusted fees will take effect on November 23, 2010.

H-2B for nonagricultural workers

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions.

The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Thus, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

Asylum for victims of the domestic violence.

The Department of Homeland Security has opened the door to the possibility that immigrants who have been victims of domestic violence could qualify for asylum, if the victim proves that an abuse was or would be a persecution , cannot relocate inside his/her own country and culture of that country tolerates domestic violence.

H1-B FY 2010 news

The agency continues to accept petitions subject to the general cap. 

Citizenship through the U.S army.

On November 25, 2008, US Secretary of the Defense Robert Gates signed a memo authorizing the Secretary of Army, Navy, and Air Force to implement a new non citizen recruiting pilot program for the US Armed Forces, titled MAVNI, this new program allows health care professionals nationwide and persons who speak certain languages in NY City only to join the Army and IMMIDIATELY apply for US citizenship  without first obtaining permanent resident status. Recruit begins on February 23, 2009. 1,000 people will be selected.

The Defense Department has authorized the U.S. Army to implement, under the Military Accessions Vital to the National Interest (MAVNI) program, a test that permits the enlistment of certain legal aliens into the U.S. Army. To be eligible for consideration, you must be legally present in the United States, and able to provide a passport, I-94 card, I-797 form, your employment authorization document or other government issued documents proving your legal presence in the United States.

USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO FROM ONE YEAR TO THREE YEARS.

U.S. Citizenship and Immigration Services has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN non immigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

A new Naturalization test

On October 1, 2008, U.S. Citizenship and Immigration Services (USCIS) will begin administering a new naturalization test. If your application Form N-400 was filed BEFORE October 1, 2008, and you are scheduled for your naturalization interview ON or AFTER October 1, 2008 up until October 1, 2009, you can choose to take the old test or the new test. If you filed your application N-400, ON or AFTER October 1, 2008, you will take the new test.

Security Name Check

USCIS and FBI announced a joint plan to eliminate the backlog of the name checks pending with the FBI. As per a news release dated 4/2/08 the FBI has already eliminated all name checks cases pending more than 4 years.

The are still cases which are pending for more than 2 years, for those cases it seems that the only solution is to file Mandamus Claim in the U.S. Federal District Court.

If your case is pending about 2 years, please contact us to discuss your matter.

VAWA

The April 11, 2008 USCIS guidance allows an approved VAWA self petitioners whose denied adjustments of status application was filed on or after January 14, 1998, to file a MOTION TO REOPEN OR RECONSIDER, if the reason of denial was based on his/her illegal entry in the U.S.

H1-B NEWS

U.S. Citizenship and Immigration Services announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.

USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit.

SSI Beneficiaries can request expedited processing of Forms I-485 and N-400

WASHINGTON—U.S. Citizenship and Immigration Services has entered into a settlement agreement in a national class action, Kaplan, et al. v. Chertoff, et al., CV 06-5304, which was filed in U.S. District Court for the Eastern District of Pennsylvania. The settlement agreement took effect March 5, 2008, and will remain in effect until February 5, 2011.

Under the settlement agreement USCIS will expedite Applications to Register Permanent Status or Adjust Status (Form I-485) – commonly referred to as ‘green card’ applications – and Applications for Naturalization (Form N-400) of current or former SSI beneficiaries if the application has been pending with USCIS for more than six months. Expedited processing includes requesting an accelerated FBI Name Check as well as prioritizing any USCIS internal actions, such as the scheduling of an interview. USCIS will work with SSA to identify individuals who have lost or who will lose their SSI benefits within the next Naturalization (Form N-400) of current or former SSI beneficiaries if the application has been pending with USCIS for more than six months.