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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 as the Secretary of AILA’s Georgia-Alabama Chapter Executive Committee. 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 – she volunteers her services 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:

  1. The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
  2. The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
  3. 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. 

This browser does not support PDFs. Please download the PDF to view it: Download PDF.

There is no 'EXPEDITE' of U Visas.

  1. 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.
  2. U Visas are taking the same time as before. 

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:

  1. Reauthorizes and extends the RC Program to September 30, 2027.
  2. Increases the minimum investment amount for Targeted Employment Areas (TEAs) from $500,000 to $800,000.
  3. Increases the standard (non-TEA) minimum investment amount from $1 million to $1,050,000.
  4. High unemployment TEAs are now determined only by USCIS (no State letters).
  5. 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.
  6. Authorizes Concurrent I-485 Adjustment of Status filings for pending and approved I-526 Petitions and provides 245(k) protections.
  7. Creates new visa set asides for certain types of projects (rural / high unemployment /infrastructure).
  8. Establishes new reporting and disclosure requirements by RCs to both USCIS and sponsored investors.
  9. Requires promoters and overseas agents to register with USCIS and report fees collected from RCs and sponsored investors.
  10. 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).
 

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

  1. 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.
  2. 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
  3. 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:

  1. 4 अगस्त, 2019 को या उसके बाद यू.एस. अप्रवासी वीजा जारी किया गया हो;
  2. 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;
  3. 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;
  4. तथा ऐसी कोई बदली हुई परिस्थितियाँ नहीं हैं जो वीज़ा के लिए आवेदक की पात्रता को प्रभावित कर सकती हैं।

The $500,000 EB-5 ruling:

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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