New Look to Green Cards & EAD Cards  

USCIS will start issuing redesigned cards with enhanced graphics to applicants.  The new cards will start being issued on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant to prevent document tampering, counterfeiting and fraud; than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

Employers, please note that both the older version and the new cards are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid.

Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Nalini S Mahadevan, JD, MBA ▪ nsm@mlolaw.us ▪ Office: 314.932.7111 & 314.402.2024

Disclaimer:  Not meant as legal advice! For information purposes only.

 

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10 Reasons For A New OCI Card

 

 

1.  When you are issued a new passport.2. If you are younger than 21, OCI documents must be re-issued each time you get a new passport.

3. If you are are 50 years of age or older, OCI documents must be re-issued once after the issuance of a new passport.

4. If your OCI card was issued for the first time after you were 50,  then you do not need a new OCI card.

5. If you are between the ages of 21 to 49 years of age, there is no need to re-issue OCI documents each time you are issued a new passport.  But you can request the consulate to re-issue the OCI documents with the new passport number.

6. You need a new OCI if there is a change in personal particulars.

7. You need a new OCI if you lose or your OCI documents are damaged.

8. You need a new OCI if you made a mistake in your personal particulars while filing the application online.

9. You need a new OCI if you change your address or occupation.

10. It is less expensive to apply for a new visa for your minor children born in the United States, than to re-apply each time their passport changes.

Nalini S Mahadevan, Esq

314-932-7111/314-402-2024 office   nsm@mlolaw.us   www.mlolaw.us

Disclaimer: Information here is not legal advice and does not constitute a client attorney relationship.

 

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US Immigration does not need passport photos for naturalization.

USCIS has updated their naturalization procedures.

All applicants (except those who reside overseas): · No longer need to submit two passport-style photographs.

No Photos Needed

USCIS will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment. Applicnts will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age.

If you are over 75

USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. USICS improved technology means they can capture fingerprints for applicants of all ages. This enhances their ability to confirm your identity and perform required background checks. Applicants aged 75 and older do not have to pay the biometrics fee.

Handicapped or Disabled?

USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized. This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833).

Nalini S Mahadevan, JD, MBA

7730 Carondelet Ave, Suite 110, Clayton, MO 63105

314-932-7111 or 314-374-8784

Disclaimer: This information here is not meant to create an attorney client relationship, nor is this legal advice.

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Pointers for Corporate Executives Applying for U.S. Citizenship

Are you a globetrotting corporate executive, here in the America one day and the next in China or Europe?

Do you have permanent residency in America?

If you answered in the affirmative, then we need to talk and plan.

Plan your stay in the U.S. and travel outside the country, so that you have at least 6 months during a calendar year in the U.S.

If there is a possibility of being transferred overseas to another country for a new job with your American company, file an application to preserve U.S. residency.

Join Global Entry to bypass long lines at international and domestic airports.

Lastly, don’t forget your family.  Update their green cards if they were issued when the children were little.  That may avoid an unpleasant interview when they enter the U.S.   Apply for re-entry permits for your family if they plan on staying overseas for a year or more while you travel.

Nalini Mahadevan, JD, MBA   Attorney, MLO Law LLC

www.mlolaw.us      nsm@mlolaw.us    314.932.7111

Of course this is not meant as legal advice, but information shared in the expectation it may help employers, employees and their representatives.

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USCIS wants to increase fees!

USCIS proposes increasing filing fees of a lot of commonly used applications.  Most of them are for business immigration filings and family based immigration applications.  See some of the proposed fee increases below.

You can make a comment on the fee increase until July 5, 2016. USCIS depends on the fees to pay for its services. So USCIS was one of the few agencies not affected by the government shut down last year.

Proposed fees

Form Purpose Current Fee Proposed Increase Change
I-129 For Worker $325 $460 +$135
I-130 For Family immigration $420 $535 +$115
I-140 For Work based immigration $580 $700 +$120
I-485 Work/Family GC* $1,070 $1,225 +$155
I-539 Change visas $290 $370 +$80
I-765 Work authorization $385 $410 +$30
I-90 Renew GC $365 $455 +$90
I-129F Fiancé Visa $340 $535 +$195
I-751 Get a 10 year GC* $505 $595 +$90
N-400 Naturalize $595 $640 +$45
N-600 Citizenship Certificate $600 $1170 +$570

*Green Card

Nalini S Mahadevan, Esq

P: 314.932.7111  nsm@mlolaw.us   www.mlolaw.us

Disclaimer: Please do not rely on this blog for legal advice.  Call me if you want to get advice and sign an engagement letter with my law firm.

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Students at at UNNJ lose their visa!

ICE cancels F-1 Student visas

On April 4 and 5, 2016, the Student and Exchange Visitor Program (SEVP) terminated the visa of nonimmigrant students who had enrolled at the University of Northern New Jersey (UNNJ), and the visas of nonimmigrant students who had transferred from UNNJ.

Why?

The students were found to have knowingly participated in visa fraud because they enrolled at UNNJ to obtain an illegal to maintain their F-1 nonimmigrant status.

UNNJ is a school operated by Homeland Security Investigations (HSI) Newark. It was created as a part of an enforcement action that targeted SEVP-certified schools and officials who sought to fraudulently utilize SEVP and the Student and Exchange Visitor Information System (SEVIS) to commit various violations of federal law.

There are approximately 60 students who are affected and who will receive notification of cancellation of their visa.

Students who are terminated because they were currently  or  enrolled before at UNNJ and choose not to file for reinstatement or have applied to USCIS for reinstatement and whose application is denied, must depart the country immediately.

Not Eligible for Transfer

These students are not eligible for to transfer to another SEVP-certified school unless U.S. Citizenship and Immigration Services (USCIS) approves the student for reinstatement following the student’s termination. Students who transferred to another school from UNNJ will also be terminated and their new school will be notified of the cancellation of their visa.

What to do now?

Call SEVP Response Center at 703-603-3400. This number is staffed from 8 a.m. to 6 p.m. (ET), Monday through Friday, except holidays. The SEVP Response Center is closed every Wednesday from 12:45 to 1:30 p.m. ET for system maintenance and testing.

Provide the following information when calling:

  • First and last name
  • SEVIS ID number
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Current SEVP-certified school

Nalini Mahadevan JD, MBA

Attorney at Law

314-932-7111 office

nsm@mlolaw.us

website: Mlolaw.us

Disclaimer:  Not meant as legal advice. NOT meant to create an attorney client relationship.  Please call an attorney to obtain advice pertaining to your legal situation.

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Is Your Driver’s License valid for Flying?

Starting Jan 10, 2016, TSA will no longer accept MO DL as valid photo ID to board a commercial craft at an airport.  There are 8 other states which are in the same boat!  

  • Alaska
  • California
  • Illinois
  • Minnesota
  • Missouri
  • New Jersey
  • New Mexico
  • South Carolina
  • Washington state
  • Puerto Rico
  • Guam
  • the U.S. Virgin Islands
In response to TSA’s announcement, the Federal Courts in Missouri announced that a MO DL is still valid ID as far as they are concerned!
Many US born citizens living in MO and other states, may not have alternate Photo ID such as a US Passport, to present. US Passports are expensive for most persons to obtain. Military identification can be presented as valid ID to TSA. Immigrants in general have their passports to present as photo ID to TSA.
 
Here is what the DHS had to say:
“The Department of Homeland Security is working with state officials to ensure their compliance with REAL ID Act standards and to grant a state an extension where warranted. Missouri has not yet provided adequate justification to receive an extension on compliance with the requirements of the REAL ID Act passed by Congress in 2005. As of October 10, 2015, federal agencies may only accept driver’s licenses and identification cards issued by states that are compliant with the REAL ID Act or have an extension for accessing most federal facilities (including military bases) and entering nuclear power plants. Starting on January 10, 2016, driver’s licenses and identification cards issued by Missouri will not be accepted for these purposes. Missouri residents visiting a federal facility can provide another form of identification or follow procedures that the facility allows for persons without acceptable identification.”
 
“Missouri can request an extension at any time if there are new developments or additional relevant information regarding the steps they are taking to comply with the REAL ID Act requirements.”
 
“The Transportation Security Administration continues to accept all state-issued driver’s licenses and identification cards, including those from Missouri. DHS is in the process of scheduling plans for REAL ID enforcement at airports and will ensure that the traveling public has ample notice, at least 120 days, before any changes are made that might affect their travel. The REAL ID Act places the responsibility for action on the state to provide state-issued identification that meets the Act’s security standards.”
 
Nalini S. Mahadevan, Esq
nsm@mlolaw.us  Tel: 314.932.7111 (office) 314.374.8784 (mobile)
7730 Carondelet Ave, Suite 110, Clayton MO 63105
Disclaimer: Information contained here is not meant as legal advice nor does it create a client-attorney relationship.  A choice of a lawyer should not be based on advertising alone.

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EB-5 for Newbie investors

There are only a few items investors with EB-5 visas need to remember. First, they can choose any size project — either a regional center project or a direct investment project. Second, there is no magic size to the project; project investment can be $500,000 or $1 million, but there is no green card unless the project creates 10 jobs for every investor. The 10 jobs must be created by the time the conditions on residency are approved to be removed by USCIS.

The return on investment is very low — in the low single digits — but the real reward is the green card. So choose a lawyer and a project you can trust to see you to the end of the process.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Should lawyers have a business plan?

Today, I was interviewed by Helen Gunnarsson who writes for the Illinois Bar Journal. She asked a very good question–do lawyers need a business plan?

I asked my law practice management class at St. Louis University Law School to end the class with a presentation of a business plan for their future practice. I think business plans give a lawyer a base on which to practice; we are not in isolation anymore. There is tremendous competition for the same legal dollars from everywhere, within the city, state, multi-jurisdictional firms, large volume document processors and traditional law firms.

This competition demands that we deliver legal services for a lower price; even large corporate clients have become value conscious, which means that the little gal or guy better measure up and perform. So what does this signify for us, the little guys and gals? To measure up and deliver value measured legal services, we need to identify our target client and ethically market to that client.

Lawyers are not just business-people, they also have to practice and deliver within the bounds of the rules of ethics. Just because we find that our best client is usually at the emergency room in a hospital or in an ambulance, does not imply we can accost the prospect there to convert them into clients!

Having a strategic plan also requires that we must use social media and have a website, but market ourselves within the limits of our state licenses. I use my strategic plan to identify my market, define where the prospect is located and target my best marketing skills and media to that client. Hence my strategic plan must have a plan for using social media and my current clients. You need both because the law is not yet a commodity, although some parts of it are heading in that direction. I deliver quality services to my current clients who refer other clients to me.

I have a plan on how I use my Linkedin, Facebook and blog accounts. The audience and message on these media are highly focused and the fact that your marketing plan needs to match your audience.

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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How Family Law Affects Non Citizens

We have two kinds of people in the United States: US citizens and non citizens. Non citizens can be classified as persons who can stay here permanently, also called permanent residents or immigrants. We call those who have a non immigrant visa – these people may be able to work and some cannot; and those who have overstayed their visa or have entered without US Government visa, illegal aliens. This article discusses the effects of family law action on the immigration status of persons with lawful immigration presence.

Questions from family law practitioners are often about how an action in family court will affect their client’s immigration status. The first step is to recognize the documents and to ask for immigration documents from clients. In our office, we regularly ask for evidence of immigration status in the United States, regardless of accent, education, race or other appearance characteristics. We have clients from Canada who, for all intents and purposes, act like US citizens and those who are US citizens who have accents. So as a matter of procedure, immigration status is a routine question to ask.

Divorce and Annulment
Permanent residents, who are also called ‘green card’ holders in popular parlance, are generally not affected by family court actions like divorce, unless they are a conditional permanent resident. A conditional permanent resident has been married less than two years when they received their ‘green card’ with conditions, which have to be removed within 2 years. A conditional resident can apply for removal of conditions either jointly (which is an easier application) or after they obtain a divorce. Conditional permanent residents are not eligible for a permanent green card valid for 10 years, until they have removed conditions. Conditions can be removed either while being married or after divorce, but not during the pendency of a divorce action[1]. An annulment action negates the marriage, which is the basis of the application for the spousal ‘green card’. So such an action is not recommended for a spouse who is on conditional residency or whose application to USCIS has been based on marriage to a permanent resident or US citizen.

Affidavits of Support
In a divorce action, maintenance and spousal support may be an issue. In family spousal application, an affidavit of support is filed as part of the application package with USCIS[2]. The affidavit of support is filed for the foreign spouse on Form I-864. The sponsor promises to maintain the foreign spouse so that he or she does not become a public charge. There are certain conditions to be fulfilled before this obligation is discharged.  The case discusses the sponsor’s obligations and discharge of duty under the law. In Cheshire v. Cheshire[3], a case in Florida, it was held that pursuant to the INA[4] and the terms of Form I-864, a sponsor’s support obligations to the sponsored immigrant under an affidavit of support terminate only upon the occurrence of one of five circumstances: 1) the sponsor’s death, 2) the sponsored immigrant’s death, 3) the sponsored immigrant becoming a U.S. citizen, 4) the sponsored immigrant permanently departing the U.S., or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work, 8 U.S.C. § 1183a(a)(2), (3); 8 C.F.R. § 213a.2(e). The majority of sponsored immigrants will have to work ten years to meet the 40 quarters requirement, as a maximum of four quarters can be earned in a year. However, sponsored immigrants can be credited with quarters earned by the immigrant’s spouse during the marriage, but only if the alien remains married to that spouse. The sponsor’s financial obligations under the affidavit of support terminate only upon the occurrence of one of the five circumstances above; hence divorce does not invalidate the contract created by the affidavit of support. As such, a spouse sponsoring an immigrant spouse can be liable under the affidavit of support even after divorce. The instructions accompanying the affidavit of support, Form I-864, provide that “divorce does not terminate the obligation” of a sponsor to support the sponsored immigrant. Federal courts have found that divorce between a sponsored immigrant and a sponsor does not necessarily negate a sponsor’s financial liability under an affidavit of support[5]. The parties in Cheshire were divorced but that does not alleviate the sponsor’s obligation to support the foreign spouse according to Section 1183(a) and the terms of Form I-864. Family law practitioners could enforce a valid affidavit of support following the guidelines of sponsor’s financial obligations.

Enforcing Child Support
Personal Responsibility and Work Opportunity Act, 1996, Section 652(k) sometimes requires a denial of passport renewal for failure to pay child support. Under this law, there is a possibility of a denial or revocation of passports for individuals who fail to pay child support. Through this law, Congress sought to eliminate entitlements, or cash welfare, to individuals who were dispersed as part of the Social Security Act. Using Temporary Assistance to Needy Families or TANF, Congress attempted improve child support collection rates with the hope that single parent families would move off welfare rolls and remain self-sufficient. The idea was that “States should diligently continue their efforts to enforce child support payments by the non-custodial parent to the custodial parent, regardless of the employment status or location of the non-custodial parent”[6]. To achieve these purposes, the law was designed to encourage states to have similar child support laws, to share information through the Federal government, and to handle interstate child support cases quickly. One of the enforcement measures included a denial by the US Department of State of Passports for nonpayment of child support[7]. Under Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations, if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport. As a practice pointer, may I say that in my experience it is easier to obtain a settlement for your client if the child enforcement department of the state is owed money. In other words, the custodial parent receives public assistance from the state. The state has an interest in collecting and arriving at a settlement; there are no emotions that cloud the issue as in the case of a custodial parent.  Information on child support can be obtained from the appropriate State child support enforcement agency.


[1] USCIS Acting Associate DirectorYates Memo dated April 10, 2003,
[2] United States Citizenship and Immigration Service.
[3] Cheshire v. Cheshire, 895 So. 2d 408 – Fla: Dist. Court of Appeals, 1st Dist. 2005
[4] Immigration and Nationality Act, 1952
[5] Schwartz, 2005 WL 1242171, (finding that “a sponsor and a sponsored immigrant’s divorce does not automatically terminate the sponsor’s obligations under the affidavit of support,” in case where plaintiff, permanent resident alien of the U.S. and defendant’s ex-wife, brought suit against ex-husband sponsor seeking to enforce affidavit of support);Stump, 2005 WL 1290658, (holding former husband, sponsor, liable to former wife, sponsored immigrant, for financial support under terms of affidavit of support where parties’ divorce was pending);Ainsworth, 2004 U.S. Dist. LEXIS 2896, (noting that divorce did not end enforceability of affidavit of support contract).
[6] Reconciliation Committee. “H. Report 104-725”. Retrieved 2011-01-09.
[7] Section III (Child Support), Subtitle G (Enforcement of Child Support) contained 14 enforcement measures to improve the collection of child support, including Denial of Passports for Nonpayment of Child Support in Section 370. Under Section 370, 42 U.S.C. § 652(k)(2) was amended so that the “Secretary of State shall, upon certification by the Secretary transmitted under paragraph (1), refuse to issue a passport to such individual, and may revoke, restrict, or limit a passport issued previously to such individual.”

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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