Monday

Houston Immigration Attorneys │Houston Immigration Court Moving

As of January 12, 2012 the Houston Immigration Court which is currently located at the intersection of La Branch and Hadley will be officially closed. The Immigration Court will reopen at its new location at 600 Jefferson Suite 900 Houston, TX 77002 on January 19, 2012. The court will make the move the third week of 2012 and the court filing window will be closed for filings only on Wednesday  January 11, 2012. Keep in mind that all filings need to be mailed or personally delivered to 2320 La Branch St. Room 2235 Houston, TX 77004. To ensure filings are properly received and placed with the correct file, it is recommended that filings be made well in advance of the targeted move date or if possible submit documentation a few weeks after the move.

Immigration Court Administrators have planned the move for several months and anticipate the move to go smoothly however minor communication issues with phones, computers and operations may occur. As a result individuals and practitioners may experience minor delays in assistance during the move. The court encourages individuals needing assistance regarding a case to call the toll free number 1-800-898-7180 or 240-314-1500. The EOIR case information system provides details regards hearing dates, clock information, and recent decision dates. This information can be accessed with the Alien number and following the prompt system.

If you need legal representation from a Houston Immigration Attorney call 713-222-2828 for a free consultation or visit www.bsfirm.com

Thursday

Houston Immigration Attorneys │Better Adjudication Process By Filing Bundled L-1 Petitions

USCIS is constantly making changes in effort to improve its service and provide better adjudication process of the thousands of petitions and applications that are filed. Many changes appear to improve the system while some efforts fail to achieve the objective. In a recent policy change, USCIS announced that it will permit employers to petition for their employees to obtain an L-1 nonimmigrant classification by filing Form I-129, Petition for a Nonimmigrant Worker by grouping or bundling petitions related to a similar subject. If you have a Houston Immigration Attorney they will probably talk to you about the process and will prepare the L-1 petitions to obtain proper and timely adjudication of the bundled petitions.

USCIS indicated the need that often times employers have multiple employees which must be relocated for a similar project. In its memo from the Office of Public Engagement, USCIS stated that "to the extent possible, if petitioners bundle multiple L-1B petitions related to the same project, where the location and the specialized knowledge duties of the beneficiaries are the same, USCIS will consider them together. USCIS will also consider petitions for L-1A managers included with the bundle if such persons will be managing the L-1B beneficiaries who will be working on the project. In addition, USCIS will consider Forms I-539, Application to Extend/Change Nonimmigrant Status, filed for a beneficiary’s qualifying dependents included in the bundle."

USCIS has provided the filing tips below for bundling L-1 Petitions:
From the same petitioner;
■ On behalf of beneficiaries employed at the same foreign entity who will be seeking initial L-1 status or an extension of their L-1 status, and who will be working on the same project at the same location performing the same specialized knowledge duties;
■ Filed under the same service (either all premium processing or non-premium processing);
■ Package each petition separately with its own fees and supporting evidence.  
■ Flag the bundle by, for example, including a cover sheet for each petition with information the petitioner believes may be useful to assist USCIS in processing the related filings as a bundle.
On behalf of L-1A managers if they will be managing the L-1B beneficiaries who will be working on the project.
■ If using a cover sheet, it would be helpful if petitioners could write, "L-1 Bundle" in large, bold print at the top of the cover sheet. It would also be helpful if petitioners could list the name of the petitioner and the name and location of the project and number each cover sheet included in the bundle (e.g., 1 of 10 petitions, 2 of 10 petitions, etc.).

If you need the assistance of a Houston immigration attorney call 713-222-2828 for a free consultation or by visiting our web site at www.bsfirm.com

Houston Immigration Attorneys │ USCIS Announces New Filing Location for Naturalization and Citizenship Forms

Before you file an application or petition with USCIS you should always double check the correct filing location. Filing location can depend on several factors including form type, place of residence, place of employment or eligibility basis. Every few months USCIS changes the filing location for a particular form and as Houston immigration attorneys we are often kept on our toes with all the filing changes. Well, USCIS has done it again. On October 19, 2011 USCIS announced that Naturalization and Citizenship forms must be filed at a secure Lockbox Facility begining on October 30, 2011.  USCIS indicates this new procedure is intended to speed up the processing and adjudication of these particular forms by shortening the period of collection and deposit of fees.

Similar to previous changes in filing locations, USCIS has indicated a transition period will be provided between October 30 and December 2, 2011 whereby any form received at local USCIS offices during this period will be forwarded to the USCIS Lockbox facility for processing. After December 2, 2011 any forms received at incorrect locations will be returned to the applicant.  The following list is a breakdown of the particular forms each Lockbox will receive:

Phoenix Lockbox: N-336, N-600, N-600K

Dallas Lockbox: N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

N-400 are designated to be filed at either the Phoenix or Dallas Lockbox Facility according to the applicant's residence.

 you reside in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of the Northern Mariana Islands, send your application to the USCIS Phoenix Lockbox Facility at the following address:
         
USCIS
          P.O. Box 21251
          Phoenix, AZ 85036

For Express Mail or courier deliveries, use the following address:
          USCIS
          Attn:  N-400
          1820 E. Skyharbor Circle S
          Suite 100
          Phoenix, AZ 85034

If you reside in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Commonwealth of PuertoUSCIS Dallas Lockbox Facility at the following address:
          USCIS
          P.O. Box 660060
          Dallas, TX 75266

For Express Mail or courier deliveries, use the following address:
          USCIS
          Attn: N-400
          2501 S State Hwy 121 Business
          Suite 400
          Lewisville, TX 75067

If you need assistance of  a Houston immigration attorney to prepare and file a Naturalization or Citizenship form contact us at 713-222-2828 or get more information by going to http://www.bsfirm.com/

Tuesday

Houston Immigration Attorneys | Filing With Premium Processing, Worth the Price?

As Houston immigration attorneys we file numerous petitions and application with USCIS and often file the same utilizing Premium Processing Service. Premium Processing was implemented to provide faster processing for certain employment-based petitions and applications.  At an additional fee of $1,225 USCIS guarantees that within 15 calendar days the petition or application will be adjudicated or  the fee will be refunded.  If the fee is refunded the relating case will continue to receive expedited processing. However, if additional documentation is requested or a response is requested to a notice of intent to deny  the 15 days will toll and restart once the USCIS receives the requested information. Keep in mind that only a petitioner, or the attorney or representative who has filed a notice of appearance on behalf of the petitioner may request Premium Processing Service.

Premium Processing Services offers various advantages over regular processing to both petitioners and beneficiaries. First, premium processing provides expedited adjudication of petitions and applications.  In contrast to premium processing, regular processing can take several months for USCIS to issue a decision which can leave many petitioners and beneficiaries in an anxious and uncertain state of mind. Many times, the approval of these petitions and applications will be the determinative factor for many business decisions and for beneficiaries it may affect their livelihood. Waiting several months can simply be too much to bear for some clients and paying the additional fee would be reasonable option to consider.

Second, USCIS has a designated phone number and email response system that can be used when petitions and applicaitons are filed under premium processing. This form of contact allows quick access to current information that may not always be available under regular processing. Having a premium processing phone and email permits petitioners and attorneys to contact officers directly and address issues that may arise.

Third, USCIS will  send updates, receipt notices and decisions directly to a petitioner or an attorney of record through email and/or fax as opposed to sending notices to snail mail under regular process. This benefit is significantly important if petitioners are keen to submitting additional documentation to demonstrate eligibility or clarification of an issue in response to a request for evidence or an intent to deny.

Third, when a petition or application is filed under premium processing, USCIS will typically provide faster processing for applications such as an I-539 filed by dependents of the beneficiary that are filed at the same time. It is our experience that the USCIS has done a pretty descent job at adjudicating the accompanying applications at the same time as the principal petition or application but there have been several instances where the accompanying application was not adjudicated simultaneously. Unfortunately, the USCIS is not required to provide the same expedited service for the accompanying applications but provide the service as a courtesy.

Often times however the benefits of the Premium Processing Service is simply is not worth the steep price. These types of cases include situations were expedited processing is not of urgent need to either the petitioner or beneficiary. For example if a petitioner is seeking to extend the beneficiary employment based immigration status and there is no underlying issues with unlawful presence or consular processing then premium processing would not provide an additional benefit to warrant incurring an additional fee of $1,225. Another example, is when a company is filing an H-1B petition on behalf of a prospective employee when the quota opens on April 1 or soon thereafter.  Keep in mind that even if the petition is filed under premium processing and is approved in a few weeks the change of status to H-1B will not occur prior to October 1, the first day of the fiscal year. Therefore, premium processing may not necessarily be the best option if the petitioner and beneficiary are fairly certain that the petition will be approved albeit it a few months rather than a few weeks.

We have stated only a few of the pros and cons of premium processing, however consulting an experienced immigration attorney can help determine whether utilizing premium processing  in the best interest of the petitioner and beneficiary. If you need a Houston immigration attorney to assistance in filing a petition or application under premium processing or need guidance in determining if a particular petition or application is eligible for this service contact us for a free consultation at 713-222-2828.

Houston Immigration Attorneys │Preparing For Adjustment of Status Interview Part Two

As Houston immigration attorneys we often have the pleasure of assisting clients in marriage based adjustment of status (AOS) interviews. The AOS interview is an essential part of the adjustment process and one that applicants should be prepared.

Interviewing officers can ask a myriad of questions pertaining to the marriage but typically choose a selected number of questions. Below are some of the more common questions at a marriage based adjustment of status interview:

1. Name and birthday of spouse?
2. How and where did you meet your spouse?
3. How long did you date before getting engaged?
4. Where did the marriage take place?
5. What the marriage conducted in a civil ceremony or a religious ceremony?
6. Have you met your spouse's parents?
7. Did you exchange wedding rings?
8. Do you have any photos of the ceremony and /or reception?
9. Did you go on a honeymoon? If so, when and where?
10. When is your anniversary?
11. Where did you live after the wedding?
12. Do you have a bank account together?
13. Do  you have joint ownership of property or real estate?
14. Do you have any children together? If not, do you plan of having any in the future?
15. Do you live with your spouse?
16. What kind of car does your spouse drive?
17. Where does your spouse work?
18. Do you have any documentation indicating joint assets or liabilities?
19. Where did you go on your last vacation?
20. What is your spouse's favorite food, music, movie?

If you have an adjustment of status interview coming up and need assistance from a Houston immigration attorney call for a free consultation at 713-222-2828

Wednesday

Houston Immigration Attorneys | Preparing For Adjustment of Status Interview

As Houston Immigration Attorneys we have had the pleasure of assisting numerous families with marriage-based Adjustment of Status (AOS) Interviews.

The AOS interview provides the officer an opportunity to review the adjustment application and allow the applicant(s) to clarify any discrepancies as well as submit any additional documents that may prove that the marriage is bona fide or genuine.

Below are some simple but important tips that should be kept in mind when preparing for an Adjustment of Status Interview:
Arrive early but no later than 30 minutes ahead of the scheduled time. As the old adage goes, showing up is half the battle. Failure to appear for an interview is grounds for automatic denial unless there is an exceptional circumstance for failing to appear. Give yourself time and avoid the unnecessary stress of running late. We always advise clients to drive to the site of the interview a couple of days before  so that way they will know the exact location thus avoid getting lost.
Have proper identification. In order to gain entry into the USCIS building for the interview it is required that all persons entering present a proper government photo identification, usually a license, state ID, or a passport.
Dress appropriately. Business casual is recommended.  It doesn't hurt to say but avoid, cut-offs, ripped clothing, articles of clothing that are revealing or not appropriate for a business environment. Don't make a bad first impression with the officer before the interview starts.
Have all required documents (with copies if necessary) ready and organized for easy and quick access. It is always better to have an extra copy in case the interviewing officer can not find the document in the file or if the document was misplaced by USCIS.  This will avoid receiving a request for evidence or attending a subsequent interview because a required document is not in the file.
Make sure that your spouse is present for the interview. All marriage adjustment of status interviews require the presence of the U.S. Citizen and the I-485 applicant. As previously stated, failure to appear by all required individuals is grounds for automatic denial of the application and may certainly complicate the case.
Be cool, calm and collective. The interviewing officer is there to do a job and that is to determine if the marriage is bona-fide. If the marriage is bona fide then there is nothing to worry about. Its natural to be a bit nervous but know how to manage any anxiety properly. Take deep breathes, keep answers short, simple and directly to the point. Most interviewing officers have years of experience and are good at what they do. They know how to spot sham marriages and know what to look for in bona-fide marriages. Let the officers do their job by developing the questions and requesting clarification to any discrepancies in the application or circumstance regarding the marriage.


Check back soon for part II of this blog entry where we will discuss several of the common questions interviewees will encounter during a marriage based Adjustment of Status interview. If you need an immigration attorney in Houston to assist you with a marriage-based adjustment of status or would like to request a copy of interview questions feel free to contact us at 713-222-2828.

Friday

Houston Immigration Attorneys │Wrong Expiration Date on I-94


Every Houston immigration attorney can attest to the fact that several calls are received from panicked individuals who just realized that the expiration date on their Form I-94, will soon approach or has already passed. This is often due to the rush at airports or ports of entry when individuals are hurried to go through immigration line quickly and forget to verify if the information on the document is correct.  A wrong class of admission or shortened authorized period of stay can cause a nonimmigrant to violate the terms and conditions of his or her nonimmigrant status and encounter devastating consequences. The Arrival-Departure Record is a small but important document that should not be easily overlooked.  It crucial for an arriving nonimmigrant to take a few moments to review the document to ensure that all the information is correct. The  document contains delineates a nonimmigrant's status and valid period of admission and its contents should not be easily overlooked.

Customs and Border Patrol issues the arrival-departure document to non-immigrants entering the U.S. There are various versions of this document including Form I-94, I-95 (crewmen) or I-94W (Visa Waiver) depending on the manner of entry and whether a visa waiver program was utilized to enter the country.   Regardless of which version of the document is issued, each arrival-departure document indicates the person's name,  the date of arrival, class of admission and very importantly the "Admitted Until Date" which represents the date when the person's period of stay expires.  

CBP officers process countless individuals seeking entry into the U.S. and they are required to perform at a diligently at an accelerated level but mistakes will occur. For this reason, individuals should be keen to observe that the officer complete the arrival-departure document with the correct information. If a mistake has been made, the individual should politely indicate to the officer that an error has been made on the form and provide the officer with correct and sufficient information to correct the mistake.   

 If you recently noticed that the class of admission or period of admission expiration date is incorrect  on your arrival-departure document it is important to immediately contact a Houston immigration attorney to assist you in getting this error correct. The attorney can provide you with a list of CBP deferred inspection office or CBP office located within an international airport to get a corrected arrival-departure document.  Regardless of where  the arrival-departure was issued, it can be corrected by CBP. Currently there are no mail-in procedures to obtain a correction on an arrival-departure document. 
It is important to note that CBP officers have authorization to correct only wrong information due to CBP Officer error. In other words, if the officer incorrectly marked a class of admission or expiration date despite being provided correct and sufficient documentation then this may be corrected by CBP.  However, it will not be considered a CBP error if an individual provided incorrect information or insufficient documentation to allow  the officer to allow to make a proper determination of the class of admission or period of stay. If CBP makes a determination that an error on Form I-94 was not due to CBP oversight, then it is the responsibility of the individual to take proper measures to ensure that he or she remains in a valid and correct status by either filing for a change or extension of status with USCIS or re-entering the country with the correct documentation. A Houston immigration attorney can provide additional information to help determine if an error on an arrival-departure document can be corrected by a CBP office or if a change or extension of status should be filed with USCIS.

Thursday

Welcome to Houston Immigration Attorneys

Welcome to Houston Immigration Attorneys blog published by Benavides & Serrano PLLC ("B&S"). This blog will serve as a forum to express interesting and important happenings in the Immigration realm. In addition it will serve as a means for us to connect with clients and inform individuals with an interest in matters concerning immigration law.

B&S was formed to provide the legal representation that individuals need and deserve when confronted with immigration issues. Simply put, we are problem solvers and we love what we do. We assist clients that come from all over the world in many areas of immigration law including immigrant visas, nonimmigrant visas, naturalization, removal, and asylum. Our backgrounds coupled with our noteworthy experiences have allowed us to understand the intricacies of immigration law and to appreciate the necessary work that needs to be completed to obtain a successful result. Throughout our representation we ensure that our clients are treated with respect  and we relentlessly pursue the best interest of our clients. Our integrity and ethics serve as the foundation upon which we continue to build strong relationship with our clients.

Again, welcome to our blog. We hope you will check back soon as we will continuously post new tidbits. And of course, no information provided in this blog is intended nor does it establish an attorney-client relationship. Always consult with a competent immigration attorney to obtain the appropriate guidance, counseling and representation. An immigration attorney can develop a plan of action required only after having a in-depth review of the circumstances.

If you or someone you know seeks the assistance of a Houston immigration attorney, give us a call at 713-222-2828.