Attorney Sharma defends client who was wrongly accused of being a ‘terrorist’ and barred from entering the United States
Attorney Sharma and our client were interviewed by Channel 4 News yesterday. Our client’s Afghan husband has been wrongly deemed permanently inadmissible to the U.S. under the Terrorism Related Inadmissibility Grounds section in the INA, the same overbroad regulation that many innocent individuals have been unjustly subject to.
For example: an asylee from Burundi was considered a terrorist under this regulation, and jailed for 20 months by the U.S. because he was found to have financially supported the Rebel group that robbed him of $4.00 and a bagged lunch. For fighting against Apartheid, Mr. Nelson Mandela was subjected to this regulation and had to be granted a waiver to enter the U.S. by the then Secretary of State Condoleezza Rice.
Attorney Sharma will be filing an exemption for our client’s husband with the offices of the Secretary of State Hillary Clinton, Secretary of the Department of Homeland Security Janet Napolitano and/or U.S. Attorney General Eric Holder. Our exemption will petition the highest levels of our government to review this case again, and approve an admission to the U.S. if no adverse grounds are discovered.
INFORMATION ON PRESIDENT OBAMA’S RECENTLY ANNOUNCED DEFERRED ACTION PROGRAM ENABLING LEGAL STATUS FOR CERTAIN YOUNG IMMIGRANTS
Jacksonville, FL – Immigration lawyer Ashwin Sharma welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This is an exciting new development which brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
Attorney Ashwin Sharma interviewed on H-1B visas by Matt O’Brien of the San Jose Mercury News
“H-1Bs are a good indicator of how the economy is doing,” said Florida immigration lawyer Ashwin Sharma. “You only hire an IT consultant when there’s work available, and it’s work that has to be estimated six months in advance. If companies are taking that risk, there’s a belief that the economy is back and there’s money to be made.”
VISA INTERVIEW WAIVER PROGRAM AT US CONSULAR GENERAL, HYDERABAD
INTERVIEW WAIVER PROGRAM
- This pilot program permits consular officers to waive interviews for qualified nonimmigrant applicants worldwide who are renewing their visa within 48 months of the expiration of their previously held visa, and within the same classification as the previous visa.
- Embassies and consulates have been instructed to begin implementing this pilot program immediately.
- This pilot does not entitle any applicant to a waiver of personal appearance. Consular officers will retain the authority to interview any applicant who they determine requires a personal appearance.
In order to qualify, All of the following must be true:
FY 2013 H-1B Cap Count – As of July 1, 2012
FY 2013 H-1B Cap Count
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 55,600 | 06/01/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 18,700 | 06/01/2012 |
USCIS issues (late) notice on Temporary Delays in Issuance of I-129 Receipt Notices
Via USCIS
“Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.
Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on our Contact Us Web page. This is a temporary situation and we apologize for any inconvenience this may cause. “
H-1B Fiscal Year (FY) 2013 Cap Count – As of May 18, 2012
FY 2013 H-1B Cap Count
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Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
42,000 |
05/18/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
16,000 |
05/18/2012 |
US Supreme Court’s transcript of Arizona v. United States (SB 1070)
H-1B Cap count for April 13, 2012
H-1B Cap count for April 13, 2012, about 20,600 cap-subject petitions have been taken in. As well, USCIS has accepted about 9,700 H-1B petitions for the advanced degree cap.
USCIS Changes Look and Feel of Form I-797C
WASHINGTON – On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. We will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.
This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” The following is a sample of how this disclaimer will appear on the Form I-797C:
Please note, the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:
- Receipt (notifies the customer that their payment and application/petition has been received by USCIS)
- Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)
- Transfer (notifies the customer that their case was relocated to another USCIS office for processing)
- Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)
- Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)
Form I-797C appointment notices will also contain disability accommodation information on the back of the form. Previously this information was included as a separate flyer that was sent along with the notice. Printing this information on the back of the form will save additional resources by consolidating the notice and disability information into one form.
Form I-797C Notice of Actions issued before April 2, 2012, will remain valid. This change to Form I-797C is part of our ongoing efforts to improve customer service while enhancing agency operations.
For more information on USCIS a
nd its programs, please visit www.uscis.gov or follow us on Twitter (@uscis
), YouTube (/uscis) and the USCIS blog The Beacon.
Last updated:03/30/2012
USCIS Proposes Process Change for Certain Waivers of Inadmissibility
Released by USCIS: March 30, 2012
Proposal would reduce time that U.S. citizens are separated from immediate relatives
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.
“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.”
USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.
The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.
USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.
A detailed Web page addressing the proposed rule is currently posted to http://www.uscis.gov/provisionalwaiver. Additional details on the proposed process changes will be available at www.regulations.gov on April 2, 2012. For more information on USCIS and its programs and services, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
Last updated:04/04/2012
DHS Yearbook of Immigration Statistics: 2011
Data on individuals who became Legal Permanent Residents in 2011
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Table # |
Title |
|
Persons Obtaining Legal Permanent Resident Status: Fiscal Years 1820 to 2011 |
|
|
Persons Obtaining Legal Permanent Resident Status by Region and Selected Country of Last Residence: Fiscal Years 1820 to 2011 |
|
|
Persons Obtaining Legal Permanent Resident Status by Region and Country of Birth: Fiscal Years 2002 to 2011 |
|
|
Persons Obtaining Legal Permanent Resident Status by State or Territory of Residence: Fiscal Years 2002 to 2011 |
|
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Persons Obtaining Legal Permanent Resident Status by Core Based Statistical Area (CBSA) of Residence: Fiscal Years 2002 to 2011 |
|
|
Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2002 to 2011 |
|
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Persons Obtaining Legal Permanent Resident Status by Type and Detailed Class of Admission: Fiscal Year 2011 |
|
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Persons Obtaining Legal Permanent Resident Status by Gender, Age, Marital Status, and Occupation: Fiscal Year 2011 |
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Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Selected Demographic Characteristics: Fiscal Year 2011 |
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Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Region and Country of Birth: Fiscal Year 2011 |
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Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Region and Country of Last Residence: Fiscal Year 2011 |
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Immigrant Orphans Adopted by U.S. Citizens by Gender, Age, and Region and Country of Birth: Fiscal Year 2011 |
Supplemental Tables
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Table # |
Title |
|
Persons Obtaining Legal Permanent Resident Status by State or Territory of Residence and Region and Country of Birth: Fiscal Year 2011 |
|
|
Persons Obtaining Legal Permanent Resident Status by Leading Core Based Statistical Areas (CBSAs) of Residence and Region and Country of Birth: Fiscal Year 2011 |
|
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Persons Obtaining Legal Permanent Resident Status by Region of Birth and Core Based Statistical Area (CBSA) of Residence: Fiscal Year 2011 |
|
|
Immigrant-Orphans Adopted by U.S. Citizens by State or Territory of Residence, Gender, and Age: Fiscal Year 2011 |
The U.S. Immigration Law Blog by Ashwin Sharma 
Attorney Sharma’s interview with Channel 4 news on President Obama’s new Deferred Action Process for Certain Young People
Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.
You may request consideration of deferred action for childhood arrivals if you: