Dr. Olu Asekun - Immigration Updates Under the Current Administration PART 74

[00:00:01]Okay.

[00:00:06]Hello. I can't hear myself. Please.

[00:00:12]>> Okay. Yes, I can hear myself now. Thank you.

[00:00:34]Good afternoon, good evening, good uh good morning wherever you may be watching us. Uh welcome to the live podcast of Dr. Olu.

[00:00:46]Thank you for joining us. Uh today is another beautiful Wednesday.

[00:00:54]Can you please let me see the questions?

[00:00:57]Okay. Thank you for joining us again. Uh remember to invite your family, friends, colleagues at work and join us. And um it's been really really Thank you. It's been really really really busy lately.

[00:01:14]Extremely busy. In fact, this administration has kept us so busy that is even becoming more difficult to be able to stay in the office to do uh paperwork because we are in court every day morning, afternoon, evening. We just pray that God will continue to help and strengthen us. We'll continue to do our best as much as we can.

[00:01:42]So as usual today we are going to be talking about um update between last week and today and then going to uh questions uh because of the limited time we have because I have to end this on the dot of 100 p.m. our time. So we have about 56 mill minutes to go. So the first thing we want to talk about uh some of the changes. Number one, between last week and now uh the Biden era public charge rule has been resigned.

[00:02:17]Uh effective September 18, 2026, there will be a new form I485 application for adjustment of status.

[00:02:27]Application to register permanent resident or adjust status form I485.

[00:02:33]There will be a new one that will be effective from September 18 because of the changes in the rule regarding public charge.

[00:02:44]Um under the new rule uh USCIS officers are empowered to assess all pertinent facts on a casebyase basis for each applicant.

[00:03:00]What this does is that is going to create uncertainty for both lawyers and clients because now we will not be able to tell client that if you do A you the result will be B because now they they resigned the existing policy but they are not coming up with a new policy. They are saying that USCIS officers should use their discretion. So we are going to see a lot of confusion. We are going to see a situation where one officer will approve a case that has exactly the same scenario as another case and another officer will deny the second one because now we are going to be entirely at the mercy and discretion of individual USCIS officers. I mean I don't need to tell you you know already know what that means.

[00:03:58]There are some officers who are not immigration friendly and of course they will look for any excuse any reason to deny and of course there will also be some other officers who are liberal and there will there may even be officers that may approve cases that are not supposed to be approved under the current rule. So it's going to be a lot of indiscretion. And it's going to be a lot of uh confusion that we'll be facing but it is what it is. My role is just to inform you of what is going on. So once the new form comes into play and the re the new rule comes into effect we will see how it how it turns out. But definitely it's going to create a lot of uncertainty.

[00:04:46]That is for sure.

[00:04:49]In fact, uh, American Immigration Lawyers Association president, he said, and I'm going to quote, he said that the new rule puts a dagger in the heart of legal immigration and is going to replace longstanding public charge framework with uncertainty and broad discretion that risk arbitrary decision making within without accountability.

[00:05:20]I mean is is ridiculous that we this country is is changing so rapidly that even as lawyers we can't even say this is what the rule says this is what the law says.

[00:05:37]Now we are going to be entirely at the mercy and discretion of individual officers.

[00:05:45]We will see.

[00:05:48]The next thing I want to talk about is that uh the department of homeland security they have decided to end the duration of status for certain people who are who normally do not have expiration of their status. Uh people who are on student status F1. uh people who are in J status and I status. I is international media. J is um people are coming here as a researcher and of course F is a academic student.

[00:06:29]Normally for this this student this type of visas it does not have expiration.

[00:06:36]It's usually valid for duration of status that is until they completed their program.

[00:06:48]The problem here now is that when there is a specific time when there is a specific time limit, what is going to happen if somebody has extra semester? Maybe you you apply for a 4-year program and then you ended up with extra semester. What's going to happen? You are going to be out of status. Or maybe you are going to have to apply for an extension of your status.

[00:07:19]What happen if you have a 4-year program and then you completed it in 3 years?

[00:07:26]What is going to happen with the remaining one year? Because for F1 you will still not be able to work. You will still not be able to to to work outside uh campus for more than uh uh 20 hours a week.

[00:07:42]So what is going to happen with all of these things? So is this administration continue to create a lot of uncertainty?

[00:07:51]There is a reason why previous administration or even the the the regulations allow for duration of status because academic thing is not something that that is very straightforward.

[00:08:08]What if even there is a program curriculum change by the school that affected the duration of the course? So what is going to happen?

[00:08:18]This administration they don't give a damn. So they just don't want people to be on duration of status anymore. So if you are a student currently, you might want to contact your DSO to be able to determine your current status because your your current DS duration of status may no longer be valid so that you don't find yourself out of status unknowingly.

[00:08:48]So that's one of the reasons why we are coming up with this uh this information.

[00:08:54]Uh again this one two I believe is going to take effect on September 15. It's going to take effect on September 15, 2026.

[00:09:11]Okay. The next thing I want to talk about is that um USCs announced that they have reached the H1B cap for fiscal year 2027.

[00:09:21]So there will be no second lottery because they have already reached the the annual limit. So if you have not been uh if your employer has not been contacted, you have not been notified that you are selected by this time, then it simply means that you don't have the opportunity for H1B for fiscal year 2027, which is between October 1st, 2026 to September 30th, 2027.

[00:09:54]So the next H1B season is going to be March next year.

[00:09:59]Okay. The next thing I want to talk about is that um this is very unfortunate but I mean I I felt the I felt the impact yesterday in court.

[00:10:18]the the circuit court, the federal circuit court in Washington DC, they issued a decision and they now gave USCIS or DHS, they gave DHS the authority to remove people from the US without going through the immigration court process. expedited removal.

[00:10:46]Before now, anyone who is removable from the US have the legal right to go through the court system, to go through all administrative system, to exhaust all administrative options.

[00:11:05]You are supposed to be placed in removal proceedings where you have the opportunity to present a relief if you have one. Even if you presented a relief and the and your application or petition is denied, you are supposed to have a right of appeal to the board of immigration appeals. Even in some cases, you may be you may have a right of appeal up to federal court of appeal.

[00:11:31]But this under this administration they started removing people without taking them through the immigration system, immigration court system. In other words, they pick up somebody now the next thing they put them in the plane and they are deported without going giving them the opportunity to go through the court system. A federal judge said that this is unlawful that DHS cannot do that.

[00:12:01]But now the federal court of appeal in Washington DC they just rule that USCIS can DHS can actually do that.

[00:12:15]I was supposed to have a a hearing yesterday and the respondent the client had already been removed to Mexico.

[00:12:26]So because of the previous court order where the court the federal judge said that DHS did not have the authority to do that. The immigration judge order DHS to bring back that client to the US.

[00:12:45]So I went to court yesterday hoping that the client will be brought back to the US. But of course by yesterday this new decision from the federal court of appeal had already come into place. So the case was rescheduled. So I don't know if this client will ever be be brought back to the US now. But this client was removed from the US even when we already have a case that was pending in court without giving the client the opportunity to appear in court.

[00:13:23]This country is not a jungle.

[00:13:27]I don't know why anyone would think this is right.

[00:13:33]I cannot understand why we will call this country a country of law and yet this will be allowed.

[00:13:45]Well, like I said, it is what it is and um today is not a time that I have a lot of time. So, let's go into the questions. I cannot see the question. Oh, okay. I just did.

[00:13:59]Sorry.

[00:14:00]Okay, let's start with the first question.

[00:14:08]When your USA citizen wife Oh, sorry.

[00:14:18]Okay. When your USA citizen wife is abusive by trying to stab you, but you need her and your son to file I 601 waiver, but she's not cooperating.

[00:14:32]What do you do?

[00:14:35]Well, every scenario is different. Every marriage is different.

[00:14:41]The the issue here is that if your wife uh brings out knife or anything like that, my advice is for you to call the police. Call the police. I understand that you need her for a waiver, but it is only when you are alive that you can be talking of filing a waiver. So, if somebody has violated the law, call the police. That will be my advice. I'm not going to tell you to divorce her and I'm also not to tell you to stay in a dangerous situation. I mean somebody who brought out a w a knife to stab you, that person want you dead. So what will I do? I will call the police. That's why we have the police in this country. So that is what I will do. But if the benefit you believe that you want to you want to gain is of paramount nature to you, that's a call that you have to make. But I will not I will want to stay alive. I I would not want to be killed because I want somebody to file a waiver on my behalf.

[00:15:52]But again, it's your call. This is not a legal issue that I can tell you you have to stay in the marriage or you you have to divorce. No. The only thing I will tell you if your life is threatened call the police. That is why we have the police in this country. Thank you. Next question please.

[00:16:12]Hello sir, I have EB1A adjustment of status interview coming up next month.

[00:16:21]I also have a pending asylum. Can you help with a view of how that day will go? the possible questions and document I should go with.

[00:16:33]Well, this person didn't indicate whether the EB the I140 has been approved.

[00:16:39]>> Okay. Second part. Okay. Also, sir, if the case was denied, what should I expect?

[00:16:46]Will I be served deportation order or given a chance to do a consular processing?

[00:16:52]Well, the the way this question is, it is not very clear whether we already have an approved uh I140 or it is still pending because EB1A allows uh concurrent filing of the I140 together with the adjustment application.

[00:17:09]But assuming that you already have um approved I140 for as long as you are maintaining legal status before the adjustment application is filed and you do not have criminal record and there is no grounds of uh health um health inadmisibility, I don't see why the case will be denied.

[00:17:38]On the other hand, if I 140 is still pending, then that may be denied on the ground that you are not eligible.

[00:17:50]On the other hand, if you if I 140 has been approved and I485 was filed after you are already out of status, again, it could be denied on that ground. So if it is denied, what will happen? No, USCIS cannot serve you deportation order.

[00:18:14]At least to the best of my knowledge, they don't have that authority. What they can serve you is notice to appear.

[00:18:22]They can commence removal proceedings on your behalf for you. They can commence removal proceedings for you. USCIS can do that. Now, if you have an approved I140, if they place you in removal proceedings, yes, you can request consular processing and apply for voluntary departure in court. However, let me tell you this.

[00:18:52]Voluntary departure has its own shortcomings based on the fact that you stated here.

[00:19:00]One, you have a pending asylum case. So if they place you in removal proceedings, you will have the opportunity to present your asylum to the immigration judge.

[00:19:12]If your asylum is denied, then that's a different ball game because most judges will not grant voluntary departure after trial. They prefer to grant preconclusion voluntary departure. So if you know that the asylum is not a strong one, so it is better to just withdraw your asylum application and then maybe request uh voluntary departure than you file from I824 application for action on an approved petition. But as I said voluntary departure has its own limitation. If you have overstayed for a period of more than 6 months, 6 months and above but less than one year, even if they grant you voluntary departure, you will not be able to come to the US for a period of 3 years. If you have overstay for a period of 1 year or more, even if you are granted voluntary departure, you may not be able to come to the US for a period of 10 years.

[00:20:19]However, you may apply for a waiver 212 waiver. If there is no criminal ground, you can you may apply for a waiver. But under this administration, they are not granting a lot of waiverss right now. But I'm just telling you what your options are. But another challenge that you may have is because you already file asylum. So even when you do consular processing by the time you get to the embassy stage it is likely I'm not saying it is certain but it is likely that the embassy will bring up the issue of asylum even though it's been withdrawn. So if they do what they will be looking at is to make a determination whether the asylum is frivolous or not. Remember the law is that if somebody filed a frivolous application for asylum that person will be permanently ineligible for any benefit under the immigration law. So the embassy may bring up the issue of the asylum in order to determine whether the asylum application was frivolous or not. So this is really not a straightforward case but I wish you success in your interview. Hopefully you will not get to that stage of removal or no removal. Next question please.

[00:21:48]Hello sir. Kudos to you and your amiable team. Thank you.

[00:21:52]>> Thank you >> sir. I filed an I130 for my minor stepson the same time I applied for my wife his mother. Sir, do I need to adopt him for him to be approved? No, sir. No, you don't need that. Uh, step parent is a valid status recognized by the law.

[00:22:13]So, you don't need to adopt the child in order to get approved. You can validly and legally petition for a stepchild.

[00:22:21]So, no need for adoption.

[00:22:24]Next question. Hello sir. After I485 denial, I was asked to turn in my EAD card associated with the pending application that was eventually denied.

[00:22:38]The issue is that I misplaced the EAD card. What should I do? You really don't need to do anything. You really don't need to do anything. I mean um you just they don't they just don't expect you to continue using it. That's it. You don't need to do anything if you have misplaced it.

[00:22:59]Hello sir, if I submit a motion is the same.

[00:23:03]>> Oh, the same person. Okay. If I submit a motion to reconsider a denial adjustment of status case, is it is the receipt number or the grant itself that will permit me to keep working? If I send in my EAD before the deadline, can I work?

[00:23:23]I I don't understand that per sending an EAD as in EAD renewal application or anyway let me see >> can I resume work if they later grant the reconsideration even after I've submitted the physical card well if you are planning to file a motion to reopen you don't need to submit the physical card once you file the application uh I290 B you submit the application for motion to reopen.

[00:23:58]I believe that you can continue using your employment authorization. So you don't need to turn it in if you submit a motion to reopen. So file the I290B, pay for it, and get the receipt notice.

[00:24:14]So, make sure you have a copy of the receipt notice with you all the time because the moment you file the I290B, you do not need to return the employment authorization card until after a decision is taken in your case. Next question.

[00:24:33]Hello, sir.

[00:24:35]Hello, doctor. Sir, please. Why has my already scheduled immigration master hearing for August now changed to an indefinite date with no future hearing date scheduled on EIR online case status check?

[00:24:50]It could be for several reasons.

[00:24:54]One, it could be that the the judge who was assigned to the case, maybe the judge is no longer there. So they are they are trying to get a new date.

[00:25:07]Whenever they move a date, they are trying to get a new date. That's when you you see that that uh information that there is no information available on your case. So that means that they are trying to get a new date for you. It may be that the judge is not there anymore. It may be that they have other cases that they believe deserve priority over yours. that was why they wanted to reschedu it. It may be that the judge that was assigned to your case is not available for that day. Maybe the judge has some conflict or maybe the judge has some personal uh engagement and he he or she is not planning to come to court that day. It could be rescheduled for a number of reasons but the simple thing is that right now they don't have a date for you. They are trying to reschedu it.

[00:26:01]That's why you are seeing that window.

[00:26:04]Next question.

[00:26:05]>> The same question.

[00:26:07]>> Okay. Hello sir, please. When is the latest time time frame to turn in all evidence at hand for the immigration court hearing whether before the master hearing or the individual hearing? Is it possible to to request an extension for the hearing given that I have a case coming up in August 2026 and then request an extension until August 22 29? Thank you. Let me see that first question. I let go back to her. Uh okay. Whether it is it is okay to submit evidence you have at hand. Well, [clears throat] as I always say, immigration is not a one cap fits all. Everything depends on the circumstances of each case. If you have a solid relief, yes, solid relief includes include a prior approved petition. a petition that will give you opportunity to apply for green card and that petition has already been approved. That is an example of a valid uh valid relief. Another example, maybe you you actually want to apply for something like a cancellation of removal and you believe that once you go to court for your master, you you'll be submitting uh a primary fia evidence of your eligibility. In those scenarios, yes, it is good to pro to file all your evidence before the master hearing.

[00:27:51]Sometimes when you do the the it gives the judge the the grace or the the desire to be lenient with you, they just go ahead and look for an individual hearing date in your case. And again, if you know that your relief is such that everything is ready, you are not planning to get any kind of evidence in the future. Oh yes, you can always present all of this in your before your master hearing but everything depends on your strategy.

[00:28:29]Number one, what is the allegation in your notice to appear? If it is the regular overstay, oh yes, if you have evidence that you want the court to consider, you can file it before the hearing. Especially if you are going to deny the charge. If you are going to deny any of the charges in the NTA, in the notice to appear, is always good to file your evidence before the master hearing. But outside of all these ones that I've explained, you appear for the master hearing and you tell the court what relief you'll be seeking. the judge will set a deadline for you to file your evidence and your application and then they will also set uh an individual hearing. So if you believe that your case is set, it's ready, you don't need to buy time, go ahead and submit everything before your master hearing. So that on the master hearing, you just plead to the allegation in the NTA and then present your relief and then the judge will set individual hearing date. But if you know that you still have a pending case that is not yet approved, so you need more time to allow USCIS to approve your petition, then you don't do that before master. So go to master hearing which is going to be your first appearance and then uh either you represent yourself or your lawyer request for attorney preparation time the case will still be requ rescheduled and that will give you some more time to allow USCIS to adjudicate your case. Next question please.

[00:30:12]Oh, did I answer the second question?

[00:30:14]Oh, I think that was the second question.

[00:30:17]Something about 2029. Yes, she wanted to request an extension.

[00:30:21]>> Okay.

[00:30:22]>> Okay. Okay. Okay. I I see that question is uh is it possible to have a case coming up in August rescheduled uh till August 2029 under this administration? That is not possible. That is the straightforward and simple answer. That is not possible under this administration. Can you get your case rescheduled? Yes. Is it going to be 20 2029? Very unlikely. They can reschedu it to to December. They can reschedu it to next year, early next year. But under this administration, I don't see any case being rescheduled to 29. In fact, there are cases that were previously scheduled for 2028, 2029, 2027. They are bringing them back to 2026. Now as soon as more immigration more immigration judges were appointed those older those cases were previously scheduled for 27 28 29 they are bringing them back to 2026. So I don't see this happening in your case. Thank you. Next question please.

[00:31:33]Good day sir. Thank you for all you do sir. You're welcome. I just found out that my extension for conditional removal expires September 2025. But fortunately, I applied for N400 January 2025. I sent in a service request last month on both conditional and N400 and they told me it is still within processing time and that I should prepare to bring my spouse for interview. What can I take around as a form of document due to to this and what else can I do sir? Secondly, do you know if they if they will ask about parents as mom is here over state with no document? Should I be transparent and didn't know how to assess the form I filled for my N400 or is there any way to assess it? How do I handle that part sir? Okay, go back to the first one because when there are multiple questions, I tend to forget the very first one.

[00:32:39][clears throat] Okay, the first one is to ask what document he can take around as evidence of his legal status. Yes, since your extension has expired, the first thing you should do, call USCIS and request info pass appointment. So once you request info pass appointment they will tell you that they will call you back and then they will send you an email you will provide a phone number where you can be contacted. So once they contact you they will give you an appointment and tell you to go for to go physically to a USCIS local office closest to you.

[00:33:20]So when you go there you go with the receipt notice of your 751. you go with the receipt notice of your N400 application. Uh you go with the expired green card and any other evidence that is relevant to your pending case. So once you get there, they will stamp your passport. You also go with a valid passport. You go with a valid international passport. So once you get there, they will sp stamp your passport as evidence of temporary uh legal status, temporary residence for one year. So they will do that. They can also when you call to schedule an info pass appointment, you can also request an extension of your 751. So they can either schedule the info pass appointment for you or send you an extension letter extending the removal of your condition. So of of your condition uh card so you can do that.

[00:34:24]That is the way to deal with that. Uh what's the next question? Please go to that next question. I know he asked about three questions.

[00:34:32]>> There's also a website and I can post it.

[00:34:36]>> Okay. Yeah. I've also understand that you can also schedule info pass appointment electronically without calling them. So some one of our team members will post it. So you will see the website where you can schedule info pass appointment so that you go with your passport the receipt notice for the 751 and the N400 and they stamp your passport or extend your conditional green card.

[00:35:04]Okay. The next question I think he asked a question about about the mom.

[00:35:12]>> Okay. The only question that will that they can ask during interview about your mom is your mother's name and date of birth if known. That is the only thing.

[00:35:24]So they are not going to be asking you where your mother is. Normally they they sometimes ask if your any of your parent is a US citizen. That is just to determine your eligibility whether you are automatically eligible for citizenship. So it is not about where they are or or whether they are in the US. But if they ask you yes be truthful.

[00:35:50]If they ask you what are they in the where are they currently? Yeah you can tell them they in the US. If they ask you what is their current legal status, if you don't know it, there's nothing wrong with that. You can tell them that you don't know it if you don't know it.

[00:36:05]So that's not an issue. But it is not about your your parent application. The only involvement of your parent in this case is to provide their name. That's it. To the best of my knowledge, that's the only only question about your is there any I thought he asked three question. I can't remember the third one.

[00:36:29]Okay, I think that's the second one.

[00:36:30]Second, I see secondly, do they ask about about mom? Okay, is this a is this the third one? Do you know if they ask about parent as mom is here? I already answered that. Okay, the third question is how to access he said he cannot access the form. Uh I don't know whether this N400 was a paper filing or this was electronic filing. If it is electronic filing, the only way to access it is to log to your N4 into your USCIS account.

[00:37:05]Once you log to your account, go under document, you will be able to access the N400 application. On the other hand, if it is paper filing, you may not be able to access it electronically. You may need to apply for FOIA to apply for copies of your file under the Freedom of Information Act. Those are the only ways to the best of my knowledge that you can access copies of your application. Uh, next question.

[00:37:41]We had interview for I130 June 2025.

[00:37:46]RF certificate of bachelorhood was requested and submitted July 2026.

[00:37:55]What is the purpose of this request? We haven't had any since any since can you please move it for up? I think there's a >> it seems there's a continuation.

[00:38:16]Okay, go back to it if there's no continuation.

[00:38:26]>> Okay. What's the purpose of this request? We haven't had any since then except travel parole. Well, it is very unusual for USCIS to ask for certificate of bachelorhood.

[00:38:42]They could ask for it for several reasons. Maybe they don't believe that you are not previously married.

[00:38:50]You know sometimes officers do have their own perception and you know individual perception sometimes affect individual behavior. So the officer may have a reason to doubt whether maybe the officer have reasons to suspect that you have been married before. They don't they are not sure if you are have never been married. They may also have evidence that maybe you have submitted something where you indicated that you are married and they they want to be sure that are you really married or not married but is an unusual request. I don't have you ever seen that kind of request for evidence asking for certificate of bachelorhood?

[00:39:36]I can't recall that >> something.

[00:39:41]>> Yeah, this is USCIS. I I well like I said even if we have seen it I'm sure is probably >> during the process. It's like whenever they're trying to get married abroad.

[00:39:52]>> Yeah.

[00:39:53]>> I've seen those countries asking for certificate of civilness.

[00:39:57]Yeah, but well I don't know I don't know why they asking for it but >> if since you have submitted it that's it. So let's just move on. Next question.

[00:40:10]>> You already answered this.

[00:40:12]>> Yeah.

[00:40:15]>> Good afternoon. Can my friend's 22-year-old US citizen file I130 for her dad while he's in removal proceedings from his denied marriage I485 is no more with his spouse.

[00:40:31]Well, as I always say that immigration law is not a is not a one card one cap fits all. It depends on certain situations. It depends on the circumstances of each case. Okay, let me read the B part of the question. Can her dad get work authorization if she file for him? If so, how long does the filing for parent take?

[00:40:59]Again, this does will not even affect my answer to the to the question in the first place.

[00:41:05]As I stated, uh immigration is not a one car fits all. Everything depends on the particular situation, the peculiar circumstances of each case. Based on the information provided here, the simple answer is yes. Any US citizen can petition for any of their parent. It is not a requirement that the parent must remain married. It is not a requirement that the parent must live together. The only requirement is to show that this person this beneficiary is the parent of the petitioner. So it is the parent parent child relationship that has to be proved. So whether the father is living together with the mother or not that is not a requirement that does not affect it. The simple answer is he can file for the father.

[00:42:02]Now this is where it it is complicated because this question says that a previous marriagebased petition or application was denied. Now the question is why was he denied? The reason for the denial can actually affect the petition that this child will file for the father. For example, if the petition was denied based on marriage fraud, although the the daughter can still petition for her dad, that petition will not be approved because section 204 C of the immigration law says that no petition shall be approved if an alien has previously been accorded or as sought to be accorded a preference status as a by reason of a marriage to a United States citizen.

[00:42:57]or a marriage to an alien lawfully admitted to permanent resident by reason of a marriage determined by the attorney general to have been entered into for the purpose of evading immigration laws or the alien has attempted or conspired to enter into a marriage for the purpose of evading immigration laws. So if the initial application was denied based on marriage fraud, the daughter's petition may not be approved. But you may not know that until the petition is filed.

[00:43:33]Except if you go back and look at the denial letter, the previous petition that was filed, if you see the I130 denial letter, it will tell you if there is an allegation of fraud or not. If there is no allegation of fraud in it, then you go ahead and submit the petition on behalf of your dad. The earlier you start, the better since he's already in removal proceedings. Next question, please.

[00:44:06]Hello, doctor. I'm an applicant with a pending asylum case. received a notice from USCIS for only my daughter to appear for biometrics. Did he move? I didn't see.

[00:44:23]Okay. For only my daughter to appear for biometrics. Biometric capturing.

[00:44:28]We all did biometric capturing six years ago. Please advise.

[00:44:34]Well, it is not unusual to to have one or two people come back for biometrics.

[00:44:43]Sometimes uh USCs reuse uh fingerprints they have on the record and sometimes they may even have problem with biometrics clearing whether the biometrics is not very clear and sometimes especially in the case of children because children grows sometimes they request them to come for biometrics because their physical h features changes is this is one of the reasons why they don't give children American passport that is valid for 10 years because they know that they change as they grow as they grow older the feature their features changes so because of that they I mean from your question the last time you did biometrics was 6 years ago so your your child may have changed a lot of physical structure will have may have changed in the last 6 years.

[00:45:45]Even for American citizen children, they don't give them passport that is valid for more than 5 years because they know that they change this their structures change unlike adults. Adults are given passport that are valid for 10 years. So this may be the reason why they want your your child to recapture the biometrics. So there is no cause for concern about that. It's not unusual.

[00:46:11]Next question please.

[00:46:14]Good day to you and the team. I and my family attended our asylum interview with my spouse being principal though I have a pending NIW case filed with USCs.

[00:46:28]What are the expectations from USCIS?

[00:46:32]Well, this question is not very expectation regarding the asylum or expectation regarding the uh EB2N.

[00:46:41]Well, as far as the asylum is concerned after the interview, there could only be one thing that is the result of the interview that will be decision. And there are only two things that can happen. You can either receive a letter that the asylum application has been approved or you receive what is called a referral notice. Since this is an affirmative asylum, USCI does not have the legal authority to deny it. So one thing you cannot get is a denial letter for your asylum. You either get an approval letter or you get a referral notice. referral notice will tell you we are placing you in removal proceedings.

[00:47:25]When you get to court, go and represent your asylum case to an asylum officer.

[00:47:30]So in that situation, the referral notice will come together with a notice to appear that will place you in removal proceedings. So those are the two things that you can expect after an asylum interview. As for the EB uh petition NIW, oh yes, that one will be adjudicated by USCIS as well. So if the application is approvable, USCs will go ahead and approve it. If they have questions, they may issue uh notice of uh request for evidence. And of course, if they believe outrightly that you are not eligible, they can issue notice of intent to deny, in which case they will analyze why they want to deny it and give you 30 days to respond to it. If they need additional evidence, they will issue a request for evidence and that one they can give you up to 87 days for you to respond to the notice to the request for evidence. So those are the expectation from USCIS concerning your case. Next question please.

[00:48:43]If my is it the same person?

[00:48:46]>> Okay. If my mom has a resident in UK like what we call a green card.

[00:48:55]Well in the UK they call it indefinite stay indefinite leave. Okay. If my mom has a resident in UK like what we call a green card as a US citizen child, can I petition for her from UK instead of going back to Nigeria? Oh yes. Oh yes.

[00:49:12]Move it a little. Let me see the second question. She still has a Nigerian passport but also has a residency permit in the UK. Oh yes, you can petition for her and you can do the you they can process the petition through the US embassy in the UK. Oh yes, this is allowed. The only time it will not be possible in the UK is if she's not legal in the UK. But as a permanent resident of UK, yes, she can apply for green card at the embassy in in UK even though she's using a a Nigerian passport. Yes, that is possible. Next question, please.

[00:49:59]this person.

[00:50:06]>> Oh, okay.

[00:50:17]I already responded to the answer because she just say also she will she will maybe she has a valid ID she's only 12 years old can she use her old international passport or use her EAD oh yes she can use her EAD she can also apply for uh state ID but yes the like I said the the likely reason for biometrics is because of our age because as children grows the their features changes body features changes.

[00:50:50]Next question, please.

[00:50:54]I think I already answered this.

[00:50:58]Okay. Good day. God bless you and your team. Amen.

[00:51:03]>> Please sir, any good news for an immigrant visa interview outside the USA? Unfortunately, not yet. the the travel ban for out people from outside the country is yet to be lifted. They they promised and the the proclamation included a statement that it will be revealed in in 180 days. 180 days was end of June June 30th. But these people they did not at least as at today no information has been provided as to when they are actually going to review it or maybe they are still reviewing it they still don't they have not made up their mind whether to lift the ban or whether to remove some countries from it but today we don't have news about it but those who are present in the US those ones were are no not affected anymore the pause that affected them has been lifted by a court order.

[00:52:06]Next question.

[00:52:08]>> Okay. Uh please sir, if I was approved while waiting for the immigrant interview date and I 129F was denied. Is there any effect on this? No. I129F is a is a fiance. You can't have both.

[00:52:31]You you can't be a a spouse and a fiance at the same time. So the moment you get married, I I 129F will be will be denied. So it doesn't have any effect on the case. No, it doesn't.

[00:52:47]Next question.

[00:52:52]Good day Doc, God bless you and your team. Amen. Please doc any update about the 39. No, I just answered that. For people outside the US, there is no update yet. There's no there's no update yet. We are still waiting. Okay, next question.

[00:53:14]Currently F1 PhD candidate single. I have a I have I40 EB2 NIW AOS interview coming up from one of the 39 bank country. Do you please can I think he moved?

[00:53:32]Yo, that's it. No, no, go back up.

[00:53:35]Uh-huh.

[00:53:37]Do you suggest I go with a lawyer to my interview? It doesn't really matter.

[00:53:41]This is employment. This is employmentbased petition.

[00:53:45]uh for as long as you are in legal status at the time you file your application I don't see anything that a lawyer is going to do there for as long as you don't have criminal record you file your application while you are still maintaining legal status you are familiar with uh all the information in your I140 petition and your your adjustment of status application you have submitted medical examination report which is also a requirement except you you just want a lawyer to observe the interview along with you. I don't I don't see any any need for it but it doesn't hurt if you decide to go with one.

[00:54:35]Next question.

[00:54:37]Afternoon sir. What can someone with pending I485 show eyes when stopped? The receipt says it doesn't grant immigration status or benefit.

[00:54:49]Well, what is the I485 based on? If it is based on uh on a on a if it's a family based petition, what you should have with you, the I485 receipt notice, the I130 receipt notice, if you have employment authorization card, have it with you. But of course that it doesn't keep you in status but is evidence of your of your authorized stay. So those are the things you you keep with you and let your spouse know your movement at all times. That's it. So there's nothing else you can you can carry with you.

[00:55:30]Next question.

[00:55:33]Can you kindly clarify qualities for an I589 for mandamos? I589 is asylum.

[00:55:42]Uh two, what are the merit and the merit filing a mandamus for I589?

[00:55:50]Three, I589 pending since 2019 and no interview. Can case consider strong?

[00:56:05]Well, what there's one thing I'm going to say.

[00:56:09]Maybe I see that I have 2 minutes left.

[00:56:12]Maybe this is an opportunity for me to say it.

[00:56:17]You see, every human being is different.

[00:56:23]We have different type of people.

[00:56:26]We have some people who are fearless.

[00:56:30]We have some people who are scared and you have some people who are indifferent.

[00:56:40]What a if you look at those three categories of people that I uh mention now what category A what somebody in category A may do the next person in category B may not do it out of fear.

[00:57:00]Sometimes the one in category C may not have an issue with the decision of category A or even with the decision of category B. So my advice to you will be to assess your own situation and look at the pros and the cons.

[00:57:22]Look at the likelihood of what may happen based off of your actions.

[00:57:30]There is one thing very clear with this current administration.

[00:57:35]Even our own president said it before election that he is very vindictive and his actions and the current administration's actions after they have been in office shows clearly that they are very very vindictive.

[00:57:56]Asylum is an application that carries some level of discretion.

[00:58:05]A vindictive um a v a a vindictive administration may find a reason to deny the asylum irrespective of how solid your case is after filing a mandamus.

[00:58:26]You may file the mandamos, you may still not succeed with it.

[00:58:33]I do a lot of litigation.

[00:58:37]At any point in time, including now that I'm speaking speaking to you now, I have cases that are filed against the US government, against the Department of Homeland Security. I have cases against the Department of State.

[00:58:55]And I know that this vindictive government is looking for every opportunity to nail me. I know it for a fact.

[00:59:08]Am I afraid? No. I fall into the first category of people.

[00:59:15]I am fearless.

[00:59:18]I am fearless.

[00:59:20]But am I going to advise you to to be like me? That is your call.

[00:59:28]But you have to look at the the the consequence of your action. I'm already getting old. I've I've done this. I've I've practiced law for over three decades. So if today I retire, there is nothing to lose. I don't have anything to prove to no more to no man. I don't have anything to prove to the US government. I don't have anything to prove to any client. I don't have anything to prove even to friends. I don't even have anything to prove to to my enemies.

[00:59:59]I'm just who I am. And it is too late for me to change who I am at this stage.

[01:00:06]Irrespective of the threat, irrespective of what this administration is doing, I even know that they have my name in different on different list looking for different things to nail me.

[01:00:26]But there is a there's a proverb where I come where I come from.

[01:00:32]We have this manual fan. It is called abbe.

[01:00:38]If you throw it up 1,000 times or 200 times, it will also it will always land flat.

[01:00:48]The truth will always be the truth and I'm going to stay and remain who I am.

[01:00:56]So it is your call. Think about the consequence if your application is eventually denied as a matter of discretion.

[01:01:07]I've seen applications that were denied not because applicants are not qualified for the relief they are seeking but merely because this administration decided that they are not going to use their discretion in their favor. And guess what? There is one bad thing about discretion. It is not something you can challenge in court.

[01:01:32]It is not something you can challenge in court. Even the case that I that I have pending at the federal court in in in Florida concerning the issue of asylum, people who file their asylum before the expiration of the I94. Now, USCIS is trying to uh well, let me don't let me say USCIS because they are not the one defending it. It is the Department of Justice, the United States Department of Justice. They are trying to argue that this is a discretionary thing that I'm I'm trying to file an appeal through the back door. But guess what? I'm a fighter. We will fight it up to the Supreme Court.

[01:02:14]There's nothing to lose. This is what I I opted to do as a profession. And you you can know and I believe anyone watching me will know that this is what law is something that I enjoy. It is not it's not something that I'm doing out of inconvenience. It is something that I do with ease. I practice with ease. I go to court. I argue with ease. It's something that I enjoy doing. So it's your call.

[01:02:44]Okay. his past one. Um, maybe I'll answer the last one before I go since I took so much time. It was two minutes before my time.

[01:02:55]>> It's a three part question.

[01:02:58]>> The next one.

[01:02:59]>> Okay, let it just be the last one. I I just want to return the two minutes that I I spend on that my monologue like Jimmy Kim. [laughter] Good day. Good day Dr. Thanks for all you all your helpful insight over the years. You're welcome. My spouse H1B and I H4 with our two kids between 6 and 14 years old. H4. My spouse had an approved I140 EB with priority date November 2024.

[01:03:36]Um, my spouse who is a principal applicant filed I485 3 months ago and it got approved a few days back while I and the kids were preparing to submit I485 within the US.

[01:03:53]Can we still file I485 from within the US immediately? What has happened to our H4 and how should we proceed? This is a very simple question. You can still file the I485.

[01:04:08]You can still file the I485. This time around, make sure you submit the I485 for you and your two kids. Uh you provide evidence of relationship between you and your spouse who has been approved. That will be your marriage certificate and evidence of your your relationship. You attach a birth certificate for your children. That is what will prove the relationship between your children and their mother and the evidence of relationship as well. Even though in your own case you are submitting evidence of marriage between you and your spouse, you still have to submit your own birth certificate as well because it's a requirement. Uh uh four, you submit a copy of the I140 petition that was approved for your wife. Five, you submit a copy of your wife's green card that has been approved. I will go ahead and submit a copy of the approval letter because when the I485 is approved, usually they will send a letter that says, "Welcome to the United States." So you you attach a copy of that approval letter, a copy of the green card for your for your wife. You attach it to all this application, attach the medical examination for all of you. And you go ahead and attach h evidence of your age for show to show that you have been on you are being had dependent even before the the adjustment application was filed or approved. so that you show that the relationship has been in existence prior to the time that she filed her adjustment of status application and the and the approval. So you the simple answer you can still do all of these things that I that I mentioned. Well, I'm going to stop here for today. Uh like I said, this is a an extremely busy busy busy period. So I just have to keep doing this. That is why we have to do it today. I hope to see you again next week. Until then, please stay out of trouble. Avoid anything that can create trouble for you. This is an unprecedented time. Do not allow them.

[01:06:34]Do not give them e any any reason to use anything against you. They have been arresting people right, left and center.

[01:06:43]In fact, I read a report this morning that the the the number of people ordered removed in in June is unprecedented.

[01:06:54]So this is the situation we have found oursself in. But please do not give them any opportunity. Do not give them anything to use against you. I know some people still drive and drink. Please if you must drink, drink in your house.

[01:07:12]Those who know me, they will tell you, "You can never see me go to a party, drink alcohol." It is not because I hate alcohol. It is because I don't drink it in public. I don't drink it when I I step out of my house. If I need to drink, I drink in my living room.

[01:07:31]Don't give them things to use against you. Don't get involved in drugs. Don't get involved in h in violence, domestic violence. I've seen people wi with good cases, but they had issues in their home and they call police for themselves and before you know it, issues that that they cannot resolve ensued out of it.

[01:07:55]Please avoid all of these things. Play your part and let God do the rest. I hope to see you again next week. Until then, I remain yours truly, Dr. Lakun.

[01:08:06]Have a nice day. Remember to join us on our social media platform, >> Instagram, >> Instagram, >> Tik Tok, >> X, >> Facebook, >> Facebook, and YouTube. See you next week. God bless you.

[01:08:38]>> [bell] [bell] [bell]