MAVNI Reinstated: Recruitment of Non-Resident Aliens for Military Service Resumes

The Department of Defense (DOD) reinstated the Military Accessions Vital to National Interest pilot program (MAVNI) on May 16, 2012.  The reinstatement will extend recruiting of certain non-resident aliens for vital personnel positions for another two years.

In 2009, the DOD initiated the MAVNI program to meet a growing demand for selective health care and linguistic professionals in the military services.  The program was extended in 2010, but expired on December 31, 2011.  The DOD did not resume recruiting under the program until May 16, 2012.

MAVNI allows different branches of the military to recruit a certain number of non-resident aliens based on need until either the program expires or until the need is fulfilled.  The Marine Corps and Air Force currently have a need of 125 Health Care Professionals or Enlisted with Language/Culture), while the Army may recruit up to 1,000 non-resident aliens under MAVNI.  The type of health care professionals being considered for recruitment depends on current shortfalls in each of the service branches.  Needed language and cultural expertise is limited to a certain list of languages and cultures.

Non-resident aliens eligible to enlist pursuant to MAVNI include the following:  Asylee, refugee, Temporary Protected Status, or nonimmigrant categories such as E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V.  A non-resident alien “must have been in valid status in one of those categories for at least the 2 years immediately prior to the enlistment date.”  While an alien who has been in more than one of the listed categories in the last 2 years is eligible, the alien may not have been outside of the United States for more than 90 days within the last 2 years immediately preceding enlistment.  A non-resident alien may also be eligible even if she has an adjustment of status to permanent residence (green card) pending with the Department of Homeland Security.  On a case-by-case basis, a non-resident alien previously in H status with a pending adjustment, who has lost such status since the adjustment application was filed, may also be considered for enlistment under MAVNI.

Non-resident aliens enlisted under the MAVNI program may qualify for a streamlined citizenship process.  During times of national need, enlisted non-resident aliens may apply for expedited citizenship.  "Since September 11, 2001, nearly 43,000 members of the Armed Forces have attained their citizenship while serving this nation."

The MAVNI program arises from a tradition of non-citizens serving the United States since the Revolutionary War.  Different congressional acts and agreements in times of national need over the last 100 years, such as the Lodge Act of 1950 and the Military Bases Agreement of 1947, have provided opportunities for a limited number of non-citizen and non-resident aliens to obtain early citizenship through service to the United States.

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Temporary Protected Status Registration for Syrian Nationals Began March 29, 2012

Initial registration for Syrian nationals to apply for Temporary Protected Status opened on March 29, 2012.  The US Citizenship and Immigration Services (USCIS) will accept applications for Temporary Protected Status for Syrian nationals until September 25, 2012.  If granted, applicants will receive Temporary Protected Status valid until September 30, 2013.

                                                                                                    

USCIS notes that an error appeared in the Federal Register regarding the registration period.  The Federal Register announced that registration would be open until September 25, “2013.”  A correction to the Federal Register will be posted soon.  USCIS emphasizes that applications will not be accepted after September 25, 2012.

Applicants must provide evidence of certain criteria to qualify for Temporary Protected Status.  Such evidence includes documentation confirming Syrian nationality or last habitual residence in Syria, continuous residence and physical presence in the United States since March 29, 2012, and admissibility for purposes of temporary protected status.  An applicant’s criminal history may also render him inadmissible including felonies or two or more misdemeanor convictions.  More details on the process and requirements for application are available at www.uscis.gov/tps.

Applicants for Temporary Protected Status who want assistance with the process should consult with a reputable immigration attorney.

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Temporary Protected Status for Syrian Nationals in the US

On March 23, 2012, the Department of Homeland Security (DHS) announced an intention to extend Temporary Protected Status to Syrian nationals.  In her announcement, the Secretary of Homeland Security, Janet Napolitano, stated that DHS recognizes “the deteriorating conditions in Syria,” due to the unrest which began in March 2011.  DHS is concerned that Syrian nationals currently in the U.S. who attempt to return home “would face serious threats to their personal safety.”

However, DHS has not yet posted registration dates for Syrian’s to apply for Temporary Protected Status.  Any applications sent in before the designated registration period will be rejected.  According to the announcement, DHS plans to post procedures and requirements for registration early next week (the week starting March 26, 2012).  Our firm will post updates regarding the registration period at http://www.immigrationissues.com/, but interested applicants may also look for updates at www.uscis.gov/tps.

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Will Shoplifting Charges Impact Getting a Green Card Through Marriage?

Perhaps. All crimes involving moral turpitude are inadmissible offenses under INA section 212(a)(2)(A)(i)(I). However, there is a petty offense exception if the maximum POTENTIAL penalty for the offense does not exceed imprisonment for one year and any actual sentence received does not exceed imprisonment for 180 days (even if that sentence was suspended). Based on your fact pattern, it appears that the offense might meet the petty offense exception which would mean that you would be admissible. If you have more than one criminal incident in your past, you will not qualify for the petty offense exception. It only applies to a single criminal incident. If it does not meet the petty offense exception, you can still seek admission based on the marriage but you will need a waiver of the crime under INA section 212(h). To avoid Deportation Colorado and obtain such a waiver you must demonstrate that it would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent or child if you do not receive the waiver.

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Does the 10th circuit abide by sila-trevino?

The 10th Circuit has not addressed the viability of Silva Trevino head on, but has applied it in cases without determining whether it is a valid decision. So until it is directly at issue in the 10th Circuit, you have to assume it applies. The judge will look down to see what the underlying offense is to determine whether it involves moral turpitude. For more information on this subject it is always best to seek help from immigration lawyers in Colorado for assistance.

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H1 Visa Stamping after Being Charged with a Crime

Will a person have issues with H-1B Visa after being caught shoplifting?

There could be. Shoplifting is a crime involving moral turpitude. If the maximum POTENTIAL penalty for the offense is more than one year, the offense could make you inadmissible and you would need a waiver to get the H-1B visa. You definitely need to consult with an immigration attorney about your case who is experienced in criminal related immigration issues. You can also consult my legal guides regarding the immigration consequences of criminal pleas for background. The attorney does not need to be licensed in Georgia since immigration is federal in nature.

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When is the affidavit of support given for visa petition?

The affidavit of support will be collected once the visa becomes current and the case is eligible for processing the visa.

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Procedures for Deportation After 11 Years in US

A man who came here legally and has been here for 11 year pays taxes, has no criminal history- including no misdemeaners. He was married in April 2010 and his wife filed for i-130 and it was denied. She since, filed for a divorce and now the husband can not appeal. He wans to know the next step from here and whether this will cause him to be deported. In addition, he requested to know the procedures of deportation, what can he do to stay in the us, is there a chance he wont be called to appear?

Advice provided to the man by me, Jeff Joseph of Joseph Law Firm:

We need more information to determine if you are eligible to fight your case. There are many different options available to individuals in removal proceedings, but each option has distinct legal requirements for eligibility. Some of the factors that would need to be considered are length of time in the U.S., family connections, your native country and whether you face persecution there, as well as whether you have ever been the victim of a crime or domestic violence. Please contact an attorney experienced in removal defense to assist you with your case.

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Husband's H1 B and Wifes I 94 Expired- What they Should do

Here is the situation at hand:

Husband's Company filed for his extension on 09/06/2011 which got approved on 11/24/2011. The company did not file I 539 for the Wife, which is why she is currently out of status.

The couple plans to file for wife's I 539 in a couple of days. In the meantime, the husband is planning to change his job and his new employer is planning to file his petition next week which should get approved in couple of weeks of filing. I 539 approval takes 60-75 days.

So the wife wants to know:

• Will there be a problem with her I 539 approval since they will be filing her I 539 with his old company's I 797?
• Should the husband's new employer file for wife's H4 along with his H1?

The company explained they can't as the wife is out of status and will apply for H4 only after I 539 has been approved.

Here is the guidance  provided by experienced immigration lawyers in Denver Co

The best way to handle this is to leave the U.S., and reenter on the existing visa. You will be provided a new I-94 on reentry that correlates to your husband's. The other option is to file the 539 at the same time your husband files the new H-1B and rely on the regulation that allows USCIS to forgive you for technical violations. The risk, of course, is that if the case is denied, you will be out of status. Additionally, if you have accrued more than 180 days out of status after 09/28/11, you could be barred from reentry for three years. Please consult with an experienced immigration attorney before proceeding.

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Does a F1 Student on OPT Marrying a US Citizen, Need to Leave the US to Sort out Visa Issues?

You should consult with an immigration attorney to discuss all the options that are available to you. There are at least three different avenues of obtaining residency based on a marriage to a U.S. citizen and the method you choose depends on where you intend on getting married, whether you will have a civil or religious ceremony and other factors. Please contact an immigration attorney to find out the best option for your particular circumstances.

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Obtaining a Visa for a Future Marriage When Not Yet, Divorced

If the divorce is not yet final, they will not issue the visa. If the divorce is final, you will need to show objective evidence of your relationship. Cell phone records, e-mail correspondence, travel tickets, photos, joint finances, receipts for gifts you have purchased for each other, and other documents to establishy the relationship.

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Watch for Scam Artists- F1 Overstay Caused by Money Scam

In an effort to remain in the US a women has requested immigration advice. This is her situation:

I came to the U.S for my graduate degree in 2009 and was on extension of my I20 in 2010. I met my ex-bf who is an american citizen about a year ago. Later he made up a story to convince me his life is in danger if he doesn't have money to pay his debt. So I lend him 10k all I had. He promised me he'll pay me back right away. Yet, of course he didn't after he obtained the money. I couldn't get a sufficient financial statement to extend my I-20 again since I didn't get my money back. My I-20 expired and I became over-stay, and it's going to be over 180 days soon.

I just found out he changed his name since he has been sued many times by women who he owed to under his old name. His salary is required to be garnished as well. Can I consider this as money scam? What can I do for my overstay now?

 Advice provided by Denver Immigration Attorney:

We need more information from you to determine whether you would qualify for any other type of status and what the procedure would be to obtain that status. Please contact an experienced immigration attorney to discuss your case and review your options.

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What is Better- "Adjustment of Status" OR "Consular Processing"

You need to consult with an immigration attorney to discuss the various processes and which option is going to be best for you, given your particular circumstances. When speaking locally, I always advise people to contact immigration lawyers in denver.

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Will a Ban on Entering the US After Being Denied Entry Impact College Admissions?

If banned from entering the US for five years after you were denied entry, and wishing to attend a University in the US come the Fall, You will need a nonimmigrant waiver in conjunction with your application for the student visa.

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In Response to a Man Inquiring About His Wife's Citizenship After Entering the US Illegally at 6 Months Old

If she entered illlegally, then, most likely, she will have to leave the U.S. to process her paperwork. The only excetion is if a family member or employer filed a petition for her or her parents or a previous spouse prior to April 30, 2001 in which case she may be covered by a law that would allow her to remain in the U.S. to do her paperwork. If she is not covered by this law and she entered illegally, she would have to eventually leave to process her immigrant visa. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent her from immigrating such as crimes, immigration violations, etc. If she was in the U.S. for more than one year unlawfully, she will trigger a 10 year bar to reentry when she leaves and will need a waiver to overcome that bar. To obtain the waiver, she will have to demonstrate that it will be an extreme hardship on you if she is not granted the waiver. We have had tremendous success with such waivers in our office -Joseph Law Firm.

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Filing an Expedite Request- Can it Slow Down the Processing of From I-485

Here is a post where a person was seeking immigration advice regarding filing an Expedite Request and whether it can Slow Down the Processing of From I-485

Here was the post in which the person was seeking advice:
So far, the I-130 petition that my relative has filed on my behalf been approved. As such, in an attempt to adjust my status, I recently filed Form I-485. Two weeks ago, I received a receipt for my application. Since, I NEED TO GO TO EUROPE during the SUMMER of 2012 and didn't file Form I-131, I am worried that my case will not be processed in time.

1) Are my circumstances valid enough to request an expedite request?
2) If so, would it be best to do it via a member of Congress's office?
3) If my request is denied, will that slow the processing of my case?

Advice provided by Joseph Law:
The USCIS has very specific criteria for requesting the expedite of a travel document. Summer travel would not meet the criteria. However, if you file now, you should receive an approval of the I-131 well before the summer of 2012. You can check the processing times at the USCIS website below.

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Is a Copy of I-94 and J1 Visa Enough to Prove Lawful Entry?

From my experience as a Colorado Immigration Attorney- Generally, the I-94 is the best proof of entry.

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Is it possible to transition to a H1B visa from an A2 Diplomatic visa?

Unless you have independent work authorization as an A-2 dependent, you cannot begin working with the new company until you have a valid change of status from A-2 to H-1B.

You can file for the next fiscal year H-1B numbers as early as April 1, 2012, but you would not be able to begin work until October 1, 2012.

If you are from Chile, Australia, Mexico, Singapore or Canada, there may be other options available,, which can be explained by immigration specialists.

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Divorcing an Illegal Immigration- Is Divorce Necessary?

A woman from Colorado Springs asked whether she had to go through the divorce process if she married an illegal immigration from mexico. As her local immigration lawyer Colorado Springs, I informed her that -Yes. If you want to divorce, you must go through the legal filings and procedures for doing so. There is no common law divorce.

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EAD to H-1B visa Scenario

Facts about this case:
Husband: Primary green card applicant.
Wife: Secondary green card applicant. Currently using EAD for work. Previously had H1 but did not renew for second time.
We are using advance parole to enter the country.
Current Status: 485 applied and pending.
Priority Date: Dec 2004, EB3 India
Question:Her employer is willing to sponsor her H1 visa.
1. Will there be any impact on my wife's 485 applications if she decides to move from EAD to H1-b visa.
2. Does she need to apply for a new H1 or can she renewal her old H1 which is expired by now.
I also heard that if an applicant changes their status: 1. He/She has to leave the country and get the new visa stamped and re-enter
2. Their existing Permanent residency application is considered abandoned

Advice Provided by Joseph Law Firm:
If she is in valid status with a pending I-485, she can file for a H-1B. She will be issued an I-94 card that is good for up to three years. She will only need to get an H-1B visa if she leaves the country. The regulations allow an H-1B holder to travel while a 485 is pending and reenter on the H-1B. You should consult with an immigration attorney before filing this to make sure that all of the relevant factors have been considered.

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