Guidelines to Reschedule An Immigration Visa Interview And Handling A Missed Visa Interview

Aliens who have appointments for visa interviews are generally expected to appear for the interview with their sponsors. This is especially important for green card interviews sponsored through marriage or other family member whose presence is typically required to prove a bona fide relationship. USCIS provides guidance on how to reschedule an immigration visa interview under certain circumstances. It also provides guidance handling situations where the applicant, petitioner, sponsor or beneficiary failed to appear for an Scheduled USCIS interview. [Read Guidance on a missed or rescheduled interviews..]

Changes to Travel Document, Advance Parole I-131 Application Procedures

On March 5, 2008, the USCIS announced that applicants for I-131 advance parole (AP), re-entry permits and refugee travel documents ages 14 through 79 must now provide biometrics (e.g. fingerprints and photographs) at a USCIS Application Support Center (ASC) before approval. USCIS will notify applicants of their ASC appointments after the I-131 is submitted. [Read Advance Parole Guidelines]

H-1B/L-1 Visas-Calculating Maximum Period of Stay and Recapturing Time Spent Outside the Country For

With the H-1B visa caps typically reached within a day or so of the permitted filing, period and the continued backlogs in the Employment based (EB) preferences, H-1B and L-1 visa holders should assess whether further H-1B and L-1 visa extensions are appropriate. To do so, a thorough and detailed calculation of the 6/7 year stay limitations of the H-1B and the L-1 visas is necessary. Visa holders may be able to subtract and recapture any time spent outside of the country to request a further extension of their H-1B or L-1 Visas. [Read USCIS memo on calculating and recapturing H-1 and L-1 Stays].

U VISA - U.S. District Court Certifies U Visas for Arrested and Detained Undocumented Illegal Aliens

Louisiana District Court E.D. - Ten non-documented illegal alien workers sued their employer and applied to the Court for U visa certification. U visas are given to alien applicants who are victims of criminal activity; possess information regarding criminal activity; and are likely to be helpful in the investigation or prosecution of criminal activity.

The Plaintiffs in this case filed a motion for the U visas issuance, claiming that their employer underpaid them, threatened to deport them if they complained, violated the Fair Labor Standards Act (FLSA) and also alleged claims under the Victims of Trafficking Protection Act. They further claimed that claimed that upon filing a suit to recover unpaid wages from their employer, agents of the USCIS raided their workplace, apprehended, placed them in custody and sought their removal/deportation.

After reviewing the record, the court concluded that undocumented aliens are likely victims of criminal activity, posses information regarding such and are likely to be helpful in the prosecution of criminal activity with respect to the conduct of their employers. The court went on to award them U-Visa Certifications, opening the door for them to remain in the U.S. legally. [Read the U Visa Court opinion].

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