Atty. Allison Aquino-Silva

USCIS announces new H-1B visa procedures

ON January 9, 2020, the USCIS finalized the implementation of a significant change to the processing of H-1B visa petitions this year.  Consequently, there will not be a short filing window at the beginning of April 2020, so there is no deadline in April 2020.  Rather, the USCIS is implementing a registration requirement that will…

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Automatically acquiring US citizenship

THERE are opportunities in the immigration laws for an individual to automatically become a United States citizen.  As U.S. citizenship bestows tremendous benefits, it is important for individuals to know when U.S. citizenship can automatically be derived and what to obtain to properly document a person’s U.S. citizenship.  This is especially true for an individual…

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Complexities of criminal issues in immigration

THE Department of Homeland Security (DHS) states that one of their greatest priorities is to arrest and deport individuals with criminal convictions.  Since the start of the Trump administration, the rate of arrests to seek the removal of individuals with criminal violations has risen significantly.  With this heightened possibility of deportation, it is important for…

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DHS expands provisional waiver program

ON July 29, 2016, Department of Homeland Security (DHS) announced the expansion of the provisional waiver program.  It is estimated that approximately 100,000 more individuals will be eligible to apply for a provisional waiver under the expanded program. The provisional waiver program streamlines the waiver application process so that the separation of family members is…

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April deadline for H-1B visas

THE United States Citizenship and Immigration Service (USCIS) will once again begin accepting petitions for H-1B working visas on April 1, 2016.  Petitions may be submitted for employment to commence on or after October 1, 2016.  It is imperative that interested applicants have their petition submitted to the USCIS between April 1-7, 2016, or it…

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Waiving fraud due to extreme hardship

FOR individuals who are seeking to obtain lawful permanent residency, any past fraud or misrepresentation renders the individual inadmissible and ineligible to legalize status unless they are granted a fraud waiver.  This includes all individuals who have committed fraud, even those who are married to a United States citizen. Immigration fraud occurs when an individual…

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The U Visa: Assistance to victims of certain crimes

When a serious crime has been committed, justice can only be served when the perpetrator of the crime is successfully prosecuted and jailed. Unfortunately, justice is often not served when the victim of the crime is an undocumented immigrant. This has been the case as many fear that may suffer because of their unlawful immigration…

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Filipino WWII Veterans: Family reunification on the horizon

ON October 2, 2015, the Department of Homeland Security (DHS) formally announced the upcoming implementation of a parole program that will help reunite certain family members of Filipino WWII Veterans.  Given the great sacrifices that Filipino WWII Veterans have endured, the program is significant in assisting them and their families deal with the hardships that…

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