Marks Gray Immigration Update
June, 2014 |
On behalf of Marks Gray and the immigration team, I hope you enjoy reading this June Immigration Update.We will not publish an update in July and will resume distribution of our newsletter in August. Have a safe and enjoyable month. We look forward to sharing valuable news with you in August. |
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New Policy on Medical Examinations and Vaccinations
Beginning June 1, 2014, USCIS limited the validity period of Form I-693, Report of Medical Examination, to one year from the date of submission. This new policy impacts many adjustments of status (AOS) applicants whose applications have been pending for over a year due to visa backlogs. These applicants should plan to obtain and file a new medical exam in order to proceed with their AOS. USCIS has started issuing Requests for Evidence (RFEs) to notify AOS applicants that the forms they provided in support of their adjustment applications are about to exceed the validity period and that they are required to submit a new Form I-693 in order to have their applications adjudicated. For additional information, please click here. |
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L-1 Visa Site Visits
USCIS' Fraud Detection and National Security (FDNS) unit is expanding and will soon begin L-1A site inspections. In FY2011, FDNS performed about 17,000 site visits primarily involving R-1 and H-1B work sites. These inspections were a result from perceived program abuse. The visits are random and unannounced pre and post-adjudication to verify information contained in the petition such as: does the business exist, is it viable, does the petitioner know about the filing of the petition, and is the beneficiary working for the business among others.
The visits last between 30 and 90 minutes and involve interviews with the petitioner and the beneficiary, and a review of documents. The FDNS officer will use the information gathered to determine whether the review is "verified" or "not verified". These visits should be taken seriously. A "not verified" finding is likely to result in the issuance of a request for evidence (RFE) or notice of intent to revoke (NOIR).
The visits are expected to begin with sites involving L-1A extension petitions. In preparation, employers should conduct an internal review of their L-1 files and ensure compliance with the information contained in the petition; identify procedures to follow in case of visit; and contact your immigration attorney for guidance and assistance. |
DACA Renewal Update
A renewal process for Deferred Action for Childhood Arrivals (DACA) has started and DACA holders should consider their re-eligibility and if applicable, plan to reapply to continue to obtain protection from deportation, maintain work authorization, and be eligible to obtain a driver's license. A renewal request should be submitted about 120 days before the current period of deferred action will expire. To obtain more information of DACA renewals, please click here. |
July Visa Bulletin is Released
The employment-based, second preference category for India jumped forward from November 15, 2004, to September 1, 2008. There also is forward movement in most other categories. Click here to read the entire bulletin. |
TPS Re-Registration Period for Haitians Extended
USCIS has extended the re-registration deadline to July 22, 2014 for Haitian nationals who have already been granted temporary protected status (TPS) and seek to maintain that status for an additional 18 months. USCIS strongly encourages Haitian TPS beneficiaries to apply as soon as possible. For additional information, please click here. |
Q: Can I travel outside the United States if I have a Form I-485, adjustment of status, application pending?
A. Typically, the answer is no. If you depart the U.S. with a pending Form I-485, your adjustment application can be considered abandoned. However, you might be able to travel abroad if you have applied for and received an approved advanced paroled (AP) document from USCIS. It typically takes 90 days from filing to receive the AP document.
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Best Life Tips:
It's Never Too Late To Start
Have you ever considered endurance training but thought you were too old to start? Well, close down your computer and lace up your running shoes. Research states that a person who engages in intensive endurance training receives benefits of the heart even if the training started relatively late in life. Click here to read more. |
This past May, I had the opportunity to visit Washington, DC with JAX Chamber leaders. As Vice Chair of Government Affairs for the Jax Chamber and member of its international group, I participated in several meetings to promote Jacksonville's economic development and global impact. I met with several European embassies and spoke and learned about mutual opportunities. I look forward to continung to develop these relationships to best serve you. |
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Cheers!
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Marks Gray, P.A.
1200 Riverplace Boulevard
Suite 800
Jacksonville, FL 32207
904.398.0900
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