Thank You for visiting the Law Office of Bhavya Chaudhary!

Bhavya Chaudhary And Associates, LLC

Immigration Law Firm.

Bhavya Chaudhary is the Founder and Managing Attorney at Bhavya Chaudhary and Associates Law Firm, located in Atlanta, GA. She is licensed to practice law in Georgia and Tennessee, USA. Ms. Chaudhary practices all areas of U.S. Immigration Laws including investment and employment-based immigration, family-based immigration, removal defense, federal and appellate court litigation, victims of violence and abuse in VAWA, U and T visa cases, criminal matters in immigration and other areas of Immigration law.

We specialize in U.S. immigration laws and offer our services in all 50 states of United States of America. We provide our services to persons both in the United States and overseas, who wish to come to the United States.

Bhavya Chaudhary is the Founder and Managing Attorney at Bhavya Chaudhary and Associates Law Firm, located in Atlanta, GA. She is licensed to practice law in Georgia and Tennessee, USA. Ms. Chaudhary practices all areas of U.S. Immigration Laws including investment and employment-based immigration, family-based immigration, removal defense, federal and appellate court litigation, victims of violence and abuse in VAWA, U and T visa cases, criminal matters in immigration and other areas of Immigration law.

Bhavya Chaudhary graduated from Delhi University School of Law with an L.L.B degree, and from Emory University, Atlanta, GA with an L.L.M., Master of Laws degree. Ms. Chaudhary is an active member of the American Immigration Lawyers’ Association (AILA). She serves on its Georgia-Alabama Chapter’s Executive Committee as its 2^nd Vice Chair. She serves on the Board of nonprofit organizations such as RAKSHA and Saris to Suits. She also serves on the Advisory Committee of SEWA International. Bhavya does active pro bono work and volunteers for several charitable organizations and contributes to ethnic community organizations. Bhavya Chaudhary is fluent in English, Hindi, Urdu and several other Indian languages. She can be reached at [email protected].

The Biden Immigration Policy.

How Has President Biden Changed Immigration?

House Democrats approved two separate bills on immigration

House Democrats approved two separate bills on immigration Thursday, marking the first time Congress has voted on a pathway for citizenship for undocumented immigrants since Democrats won slim majorities in both chambers of Congress with President Joe Biden in the White House. The two bills are:

American Dream and Promise Act of 2021
Farm Act

All U Visa Applicants with pending U Visas can apply for EAD (Work permit) if their petitions are found bona fide by USCIS:

The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.

This Deferred Action will be granted immediately and Applicants need not wait 4.5 to 5 years, as was the rule until yesterday.

Why is your case taking so long? USCIS processing delays remain at crisis levels

Why Hasn’t Your Case Been Decided Yet?
Nationwide, you and millions of families, businesses,
and individuals applying for immigration benefits
are waiting longer for U.S. Citizenship and Immigration
Services (USCIS) to process and approve applications and
petitions.

Parole in Place New Law

USCIS provides an update after a district court issued an administrative stay preventing it from granting parole in place under Keeping Families Together, Among other details, USCIS states that:

USCIS continues to accept Parole in Place Application
USCIS continues to schedule biometric appointments consistent with the administrative stay order issued by the district court on Aug. 26, 2024. All individuals with biometric appointments should plan to appear at their appointment at the scheduled date, time, and ASC indicated on their notice. Individuals should not arrive on a different date, unless they have rescheduled their appointments. Individuals who were turned away at an ASC will have their appointment rescheduled by USCIS.
The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.

Important Developments

Courts no longer have to give Deference to Agency decisions including those of USCIS, Immigration Court, BIA, ICE, CBP, DOS, DOL and others:

On June 28, 2024, the Supreme Court issued its decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., (Case Number 22-451) overruling a fundamental precedent of administrative law: Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron had required courts to defer to agencies when interpreting ambiguous statutes. With Chevron discarded, courts will now be free to impose what they view as the best reading of statutes. This is a sea-change in U.S. administrative law that could lead to many U.S. district courts overturning U.S. Citizenship and Immigration Services (“USCIS”) and other agency denials of benefit applications and petitions

DHS issued a final rule increasing the amount of certain civil penalties for inflation. Among the penalties affected are penalties for document fraud, penalties assessed by ICE against employers for violations of the INA, and penalties assessed by CBP for violations of the INA.

On June 18, 2024, President Biden announced a series of immigration actions. These actions will help certain undocumented individuals in the United States, including:

1st Announcement
1. Spouses and children of U.S. citizens who have been living in the United States for at least 10 years – you may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024:
  1. You are in the United States after entering without permission;
  2. You have lived in the United States for at least 10 years and have never left;
  3. You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and
  4. You do not have certain criminal history or pose a threat to national security or public safety.
If you meet these criteria, the government MAY grant you parole-in-place.
1. Parole would be granted for a one-time period of three years.
2. You may also be eligible for employment authorization for up to three years.
3. If you are granted parole, you may apply for your green card within three years of approval.
4. Eligibility is determined on a case-by-case basis.
2nd Announcement
1. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa, you may be eligible to apply for a temporary visa more easily, if:
  1. You have a degree from an accredited U.S. institution of higher education; and
  2. You have an offer of employment from a U.S. employer in a field related to your degree.

USCIS is granting Work permits to people for 3-4 years while their U Visa Applications are pending. Applicants need to apply for their Bona Fide Work Permits.
U Visas are taking the same time as before.

Reauthorizes and extends the RC Program to September 30, 2027.
Increases the minimum investment amount for Targeted Employment Areas (TEAs) from $500,000 to $800,000.
Increases the standard (non-TEA) minimum investment amount from $1 million to $1,050,000.
High unemployment TEAs are now determined only by USCIS (no State letters).
Grandfathering Protections – maintains eligibility of all pre-enactment investors, as of when they filed their I-526, for both I-526 and I-829 processing.
Authorizes Concurrent I-485 Adjustment of Status filings for pending and approved I-526 Petitions and provides 245(k) protections.
Creates new visa set asides for certain types of projects (rural / high unemployment /infrastructure).
Establishes new reporting and disclosure requirements by RCs to both USCIS and sponsored investors.
Requires promoters and overseas agents to register with USCIS and report fees collected from RCs and sponsored investors.
RCs pay an annual “EB-5 Integrity Fund” fee to be used by USCIS to fund investigations and site visits of regional center operators, new commercial enterprises (NCEs) and job creating entities (JCEs).

This announcement provides information about documentation and the SAVE verification process to individuals who are paroled into the United States with the WHP COA.
Individuals with this Class of Admission (COA) can be paroled, on a case-by-case basis, for up to three years.

For details, please visit https://www.uscis.gov/save/whats-new/new-coa-for-western-hemisphere-parole

USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

This rule expands the categories of forms eligible for premium processing services, including
1. Form I-539, Application to Extend/Change Nonimmigrant Status;
2. Form I-765, Application for Employment Authorization; and
3. Additional classifications under Form I-140.
USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022
USCIS plans to begin this phased implementation process by expanding premium processing to Form I-140 in EB-1 immigrant classification as a multinational executive or manager, or EB-2 member of professions with advanced degrees or exceptional ability seeking a national interest waiver.

USCIS is returning Filing Fees of $410 paid for Bonafide Work permits for U Visas.

There is NOTHING TO WORRY!!

USCiS is ISSUING BONA FIDE WORK PERMITS FOR FREE UNDER U VISAS! USCIS DOES NOT NEED FILING FEES

These fees were initially required by USCIS but later USCIS changed the law and decided not to charge for such Work permits.

EB-5 Guidelines by USCIS post Behring Regional Center LLC v. Wolf decision:

USCIS is applying the EB-5 regulations that were in effect before the rule was changed on Nov. 21, 2019, including:

The minimum investment amount of $500,000 in a Targeted Employment Area (TEA) and $1 million in a metropolitan area;
State designations of high unemployment TEAs; and
Prior USCIS procedures for the removal of conditions on permanent residence.

This is in light of the decision on June 22, 2021 by the U.S. District Court for the Northern District of California,

in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, where the Court vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF).

While USCIS considers this decision, it is applying the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019.

After Acquired Spouses of U Visa Applicants can apply for their U Visas:

U Visa Applicants can file U-2 Visa petitions for their spouses who they marry AFTER their U Visa petitions have been filed if they are married at the time the principal U Visa petition is approved (adjudicated favorably), rather than when the principal petition was filed. USCIS has adopted the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski for nationwide application.

राज्य विभाग (दूतावास) ने एक अस्थायी नियम जारी किया जहां COVID19 के कारण कुछ दोहराए गए अप्रवासी वीजा आवेदकों के कांसुलर अधिकारियों द्वारा व्यक्तिगत रूप से साक्षात्कार को माफ किया जा सकता है - प्रभावी 12/13/21 से 12/13/23 तक.

इसके लिए अर्हता प्राप्त करने के लिए, एक आवेदक को चाहिए:

4 अगस्त, 2019 को या उसके बाद यू.एस. अप्रवासी वीजा जारी किया गया हो;
उसी वर्गीकरण में अप्रवासी वीज़ा की तलाश करें और उसी स्वीकृत याचिका के अनुसार जो पहले जारी किया गया अप्रवासी वीज़ा, या एक अप्रवासी वीज़ा पहले से जारी वीज़ा के रूप में एक ही स्वीकृत याचिका के अनुसार, लेकिन एक अलग वर्गीकरण में क्योंकि यह स्वचालित रूप से मृत्यु के कारण परिवर्तित हो गया था या पहले जारी किए गए अप्रवासी वीजा के याचिकाकर्ता का देशीयकरण;
पहले जारी किए गए अप्रवासी वीज़ा के याचिकाकर्ता की मृत्यु या देशीयकरण के कारण स्वत: रूपांतरण के परिणाम के रूप में एक ही वर्गीकरण, या अन्य वर्गीकरण में अप्रवासी वीज़ा के लिए अर्हता प्राप्त करें, और पहले जारी किए गए अप्रवासी वीज़ा के रूप में उसी स्वीकृत याचिका के अनुसार;
तथा ऐसी कोई बदली हुई परिस्थितियाँ नहीं हैं जो वीज़ा के लिए आवेदक की पात्रता को प्रभावित कर सकती हैं।

A Judge orders a return to $500,000

On June 22, 2021, the EB-5 new July 2019 Rule, which had become effective in November, 2019, was vacated by Judge Jacqueline Corley of the US District Court Northern District of California – the Rule is no more and never really was.

1. The July 2019 Rule had raised the minimum investment amount in the EB-5 program from $500,000 to $900,000 in Targeted Employment Areas (TEA) and from $1 million to $1.8 million and made it much harder for a project to be considered located in a TEA.
2. Judge Corley in BEHRING REGIONAL CENTER LLC, v. Chad Wolf (Case No. 20-cv-09263-JSC) declared that the rule is no more, vacating the final rule promulgated by the Department of Homeland. She ruled it never was in the first place and remanded to the agency for further action.
3. Accordingly, as of June 22, 2021, for new petitions and those filed previously, the EB-5 investment amount for TEA located projects reverts back to $500,000

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We Assist with Global Migration, Naturalizations, and Complicated issues with Deportations and Removals.

Law Services

We also Provide Services in the areas of Family Law, Corporate Law and Contracts in the state of Tennessee.

World Class, Cost Effective, Immigration Solutions Provider.

Some of our areas of expertise:

20 Years Of Experience In Various Cases

We’re proud that our law firm offers top-notch legal services for a nationwide affordable pricing! With us you’ll never feel like the lawyers are just robbers in suits, besides, we win 98% of all cases. So with us, your chances of winning are as high as they possibly can be!

Thank You for visiting the Law Office of Bhavya Chaudhary!

Bhavya Chaudhary And Associates, LLC

Immigration Law Firm.

The Biden Immigration Policy.

House Democrats approved two separate bills on immigration

All U Visa Applicants with pending U Visas can apply for EAD (Work permit) if their petitions are found bona fide by USCIS:

Why is your case taking so long? USCIS processing delays remain at crisis levels

Parole in Place New Law

Important Developments

Watch our latest video on Youtube to get more details on President Biden's latest announcements:

On June 18, 2024, President Biden announced a series of immigration actions. These actions will help certain undocumented individuals in the United States, including:

There is no 'EXPEDITE' of U Visas.

EB-5 Reform and Integrity Act effective from March 15 2022 makes dramatic and sweeping changes that rewrite many aspects of the EB-5 Program rules governing both Direct and Regional Center (RC) investments. Some major changes include:

A new Class of Admission was announced by USCIS, DHS called 'Western Hemisphere Parole' (WHP).

USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

USCIS is returning Filing Fees of $410 paid for Bonafide Work permits for U Visas.

EB-5 Guidelines by USCIS post Behring Regional Center LLC v. Wolf decision:

After Acquired Spouses of U Visa Applicants can apply for their U Visas:

The $500,000 EB-5 ruling:

A Judge orders a return to $500,000

Applicants may be eligible for Federal Court actions such as Mandamus for unreasonable delays or Declaratory Action (Dec Action) for wrongful denials. Please contact us for consultations to determine if you are eligible for either of those.​

Request a Legal Consultation

We Assist

Law Services

World Class, Cost Effective, Immigration Solutions Provider.

20 Years Of Experience In Various Cases

recognized as 2020 Attorney for Justice

Award For Best Mentor Attorney In Georgia

Recognized By North American Bar of Asian Lawyers

Case that We Won on Appeal Became a Published Decision

Raksha Board Member - involved in Community

Our Legal Practice Areas

Congratulations on being recognized as a 2023 Attorney for Justice!

Bhavya Chaudhary & Associates, LLC Awards.

Bhavya Chaudhary & Associates, LLC Awards.

Congratulations on being recognized as a 2020 Attorney for Justice!

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Dear Clients,

Our Phone lines get busy during work hours. We are sorry if we are unable to answer your call right away. Your call is very important to us. Please leave us a message and we will respond within 24-48 hours.

You can also email us at [email protected]

Please note that Case Managers are able to answer their calls after 2 pm EST.

Bhavya Chaudhary, Esq.(678) 292-6111 Office | (770) 310-7038 Cell | bcalawfirm.com

Applicants may be eligible for Federal Court actions such as Mandamus for unreasonable delays or Declaratory Action (Dec Action) for wrongful denials. Please contact us for consultations to determine if you are eligible for either of those.

Congratulations on being recognized
as a 2023 Attorney for Justice!

Congratulations on being recognized
as a 2020 Attorney for Justice!

Bhavya Chaudhary, Esq.
(678) 292-6111 Office | (770) 310-7038 Cell | bcalawfirm.com