Dear Clients and Colleagues,
We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
New Visa Services Provider for Several Countries
The U.S. Department of State (DOS) launched the Advanced Visa Information and Tracking System (AVITS) on September 30, 2024, as part of an initiative to enhance visa services for applicants. AVITS is now operational in several countries, including Belgium, Burkina Faso, Cameroon, Côte d'Ivoire, the Democratic Republic of the Congo, France, The Gambia, the Netherlands, Ghana, Liberia, Nigeria, Rwanda, Senegal, and Sierra Leone.
For visa applicants with appointments previously scheduled under the old system, the DOS has assured that those appointments will remain valid for the original date. Additionally, instructions for setting up new accounts in AVITS will be sent to the email addresses associated with existing applications. Applicants are encouraged to keep an eye on their email for these updates and consult the provided resources to ensure a smooth transition to the new system.
Indian Immigrants: Catalysts of Innovation in the U.S. STEM, Business, and Healthcare Sectors
Indian immigrants have made a profound impact on the United States, particularly in the STEM field, driving innovation and growth across a wide range of industries. Many Indian Americans hold leadership positions in some of the world's leading tech companies. For example, Sundar Pichai, CEO of Google, and Satya Nadella, CEO of Microsoft, are key figures of Indian descent who are shaping the future of global technology.
PERM Prevailing Wage Determination and Processing Times
The processing times for PERM prevailing wage determinations vary based on the type of wage request:
- OEWS Wage Requests (Occupational Employment and Wage Statistics): As of September 1, 2024, the Department of Labor (DOL) is currently processing requests filed in February 2024.
- Non-OEWS Wage Requests: The DOL is working on wage determinations filed in July 2024.
- Analyst Review: Applications currently in the analyst review stage have a priority date of August 2023.
- Audit Review: Cases that have been selected for an audit are being processed with priority dates from December 2022.
- Reconsideration Requests to the Certifying Officer (CO): Requests for reconsideration are being reviewed for applications with a priority date of February 2024.
These processing times reflect current queues as of September 1, 2024. Employers should be mindful of these timelines when planning PERM filings, prevailing wage determinations, and potential audits.
The Impact of Crimes Involving Moral Turpitude (CIMT) on U.S. Immigration Status
- Inadmissibility and Need for a Waiver: If an immigrant has been convicted of a CIMT, they may be found inadmissible under U.S. immigration law, meaning they cannot enter the United States or adjust their status without a waiver. The type of waiver required depends on the specifics of the case. For example, a §212(h) waiver may be necessary if the individual is applying for a green card through a family member but has a CIMT conviction. However, certain offenses may qualify for the “petty offense exception,” which can exempt a person from inadmissibility if the sentence imposed is less than six months, and the maximum possible sentence does not exceed one year.
- Permanent Bar and the 212(a)(9)(C) Waiver: Some offenses, such as multiple CIMTs or a CIMT combined with prior removals, can result in a permanent bar to admission, requiring the individual to remain outside the U.S. for ten years before becoming eligible to apply for a §212(a)(9)(C) waiver. Even after the ten-year period, a waiver is still required to reenter the U.S. or obtain lawful permanent residency.
Criminal Cases and CIMT Analysis Under Current Law:
Case law like Descamps v. United States plays a critical role in determining whether a specific crime qualifies as a CIMT. For instance:
- Receipt of Stolen Property: Under Descamps, a conviction for receipt of stolen property may not always constitute a CIMT. If the statute under which the individual was convicted includes the possibility of temporary taking—meaning that the intent was not necessarily to permanently deprive the owner of their property—it may not rise to the level of a CIMT.
- Possession of a Bad Check: Conversely, offenses like possession of a bad check with intent to defraud are typically considered CIMTs because they involve intentional deception. However, if it falls within the petty offense exception, it may not trigger inadmissibility.
Navigating CIMT Convictions and the Waiver Process:
For individuals with CIMT convictions, filing for a waiver such as a §212(h) or §601 can be crucial to overcoming the grounds of inadmissibility. In cases involving multiple convictions, such as a DUI, simple battery, and a CIMT, determining the right waiver strategy is essential. For instance, the individual may not need to file a §601 waiver if the CIMT conviction qualifies for the petty offense exception, but they will still require a §212(a)(9)(C) waiver due to the permanent bar.
Reentry After Removal Based on a CIMT:
If an individual was removed from the U.S. due to a CIMT, such as in 1998, the CIMT conviction does not automatically “disappear” after the ten-year period outside the United States. While the individual may be eligible to apply for reentry, they would still need a waiver to overcome the prior grounds of inadmissibility, particularly if they are the beneficiary of an immigrant visa petition. This highlights the importance of understanding the lasting impact of CIMT convictions on immigration options.
Conclusion:
Criminal history, especially involving CIMTs, can be a significant barrier to achieving or maintaining legal status in the United States. For individuals with such convictions, seeking the guidance of experienced immigration counsel is crucial to navigating the complexities of waivers and overcoming grounds of inadmissibility. Understanding the nuances of each offense and how it fits within U.S. immigration law can make a critical difference in the outcome of a visa, green card, or naturalization application.
We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.
Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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