Sekiya Law Office

Presidential Proclamation No. 10052 is still in effect. The entry suspension on this proclamation applies applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas, unless you qualify for an exception (see a separate post).

Instructions for Immigrant Visa Applicants Not Yet Interviewed: Immigrant visa applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to our existing phased resumption of visa services framework.

"The reversal by the new administration means that hundreds of thousands of foreigners, who had expected to wait until the end of March for the chance to apply for the coveted visas, can do so immediately."

The Biden administration just revoked the Trump administration's April 22, 2020 Proclamation No. 10014 which suspended entry of most immigrants with limited exemptions (supposedly to protect the U.S. labor market during the economic recover after the COVID-19 outbreak). The original Proclamation was extended twice and was set to expire on March 31, 2021.

Update on Aug. 26, 2019 post: Atty Sekiya appeared at San Antonio TX Immigration Court on Sept. 5, 2019 to present the LPR client's testimony and argue for termination of the removal (deportation) proceedings. The judge granted the termination (dismissal) on the same day but waited for another year - until Sept. 8, 2020 - to issue the formal written decision. This week Sekiya Law Office confirmed with the Board of Immigration Appeals (BIA) that DHS had not filed a timely ...appeal from the decision (which must be filed within 30 days). The case is final at last, after 5 hearings before two judges spread over 8 years. The clients were ecstatic and overwhelmed with the good news! Two adult children who received the green cards with the parents were also relieved to know that they could move on with their lives without worrying about being deported anymore. In 2012, DHS placed this LPR couple from the Philippines on the proceedings, claiming the couple (and their children) unlawfully obtained their employment-based green cards in 2001. DHS also issued NTA's (notice to appear) to the two children but did not formally placed on the proceedings. DHS' investigation was apparently triggered by the fact that the couple was previously represented by the infamous KAF* law firm (whose partners and associate were disbarred after immigration fraud convictions). DHS claimed that the lead respondent (wife) lacked the requisite (good faith) intent to work for the sponsoring company (I-140 petitioner) in 2000 because (DHS thought) she did not work for the company after the approval. With documentary evidence and the client's testimony, Atty. Sekiya successfully rebutted DHS' case and won the termination (dismissal). The key evidence showed that the couple's green card admission date was incorrectly recorded into INS system (as April 2001, instead of Dec. 2000) and that DHS investigators were focusing on the wrong timeframe when searching for the lead respondent's post-green card employment. * Korenberg, Abramowitz & Feldun (https://www.justice.gov//usao/cac/Pressroom/pr2007/032.html) (https://www.justice.gov//usao/cac/Pressroom/pr2008/024.html)

Post COVID shut-down/reopening appearance #6: Thanks to light traffic during/after the pandemic, Atty Sekiya arrived at LOS (USCIS Los Angeles City Field Office) a bit too early on Oct. 15, 2020. Under the current COVID-19 related policy, visitors are not allowed to enter the building until 15 min. before the schedule interviews.

USCIS fee increase - expected to go into effect on October 2, 2020 (this Friday) - is stopped for now by the court order. Stay tuned!

Post COVID shutdown/reopening appearance #2: Back to LAC (USCIS Los Angeles Co Field Office) today for a client’s interview for the first time since March 2020 (after COVID-19 closure).

No furlough for USCIS...at least for now!

Important Notice from U.S. Embassy in Tokyo: The United States Consulates in Osaka, Fukuoka and Sapporo resumed certain limited nonimmigrant visa services, including very limited numbers of some student and exchange visitor visas, and E investor visas. The U.S. Embassy in Tokyo and the Consulate in Naha resumed certain immigrant visa services, including: IR1, IR2, CR1, and CR2. While the Consulates aim to process cases as soon as practicable, capacity is extremely limited an...d there will be increased wait times for completing such services due to substantial backlogs. The MRV fee is valid and may be used to schedule an interview appointment in the country where it was purchased within one year of the date of payment. If you have an urgent matter and need to travel immediately, please follow the guidance provided at https://www.ustraveldocs.com/jp/jp-main-contactus.asp to request an emergency appointment. Applicants for H1B, H2B, H4, L and certain J categories covered by Presidential Proclamation 10052 should request an appointment only if you have reason to believe you may qualify for one of the exceptions listed in the Proclamation here: https://www.whitehouse.gov//proclamation-suspending-entry/ For applicants who believe they may qualify for a national interest exception under the Covid-19-related Presidential Proclamations PP 10014, PP 10052, PP 9984, PP9992, PP 9993, PP9996, and/or PP 10041 they should request an emergency appointment and provide specific details as why they believe they may qualify for an exception.

USCIS is expected to adopt the new filing fees from October 2, 2020. Some of the fees will go up significantly. For example, N-400 filing fee (for applying for naturalization) will go up by $475 from $725 ($640 plus $85 biometrics) to $1,200 ($1,170 plus $30 biometrics).

On July 29, 2020, the U.S. District Court for the Southern District of New York enjoined the government from enforcing, applying, implementing, or treating as effective, the USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19) during the COVID-19 pandemic.

USCIS postpones planned furloughs till the end of August.