UNDER INA 101(a)(15)(F)(i), an alien student may temporarily enter the US to pursue a course of study at an established and approved college, university, seminary, conservatory, academic high school, elementary school, other academic institution, or language training program. 22 CFR 41.61(b)(1) authorizes the issuance of an F-1 nonimmigrant visa to an alien student if the…
When a person is placed in removal/deportation, they typically go in front of the immigration judge (IJ) to demonstrate why they should not be deported or removed, such as they are immediately eligible for a green card (through an approved petition by a citizen spouse, or other petition with a current priority date), they are…
EMPLOYMENT-based immigration to the United States generally entails a three-step process: 1) Labor Certification (under the “PERM” program); 2) Immigrant Visa Petition approval; 3) Green Card issuance (or Consular Processing, if abroad). As many of our readers know, PERM labor ceartification consists of a serious of recruitment activities to test the job market. If no…
The E-2 Treaty Investment Visa is the visa of choice for many business owners setting up shop in the US. The visa is highly desired as there is no limit to extensions of stay or visa renewals. Unlike the L-1, and H-1B nonimmigrant visas, which have cap of 5-7 years, the E-2 visa and status…
There is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
The June 2014 Visa Bulletin indicates that the priority dates for the F-2A category (spouse\minor children of immigrant) will retrogress (move backwards) from September 8, 2013 to May 1, 2012. That means that people with F-2A priority dates that are AFTER May 1, 2012 will NOT be able to adjust status or be issued an…
ON May 6, 2014, the Obama Administration announced two new measures to attract and retain the highly-skilled workers the US requires to sustain the economic recovery. The first will allow for the H-4 dependent spouses of H-1B “specialty occupation” workers in the US to obtain work authorization for as long as their spouse holds valid…
UNDER Section 1031 of the United States Internal Revenue Code, 26 U.S.C. §1031, the exchange of properties used for investment or trade or business, but not for personal use, may defer the recognition of capital gains or losses due upon sale, and defer payment of capital gains taxes otherwise due. Like-kind properties It should be…
Many in the LGBT community (in the pre-Windsor era) were placed in removal/deportation proceedings and were ordered removed/deported. This is because they had no “form of relief” available for them at the time of their hearing—meaning they had no way to get a green card, resulting in the immigration judge (IJ) ordering their removal. This…
Recently a man came into our office to discuss his immigration case. He was very excited and confident that now was the time he would be able to file for his permanent residency. He explained to me how he had been in the US for over twenty years. He had several children born here, and…
THIS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
On May 6, 2014, the Department of Homeland Security (DHS) announced a proposed rule allowing spouses of certain H–1B workers to apply for employment authorization. Under existing regulations, H-4 spouses are not allowed to work. If this rule becomes final, these spouses of H-1 holders could apply for work authorization. In its press release, DHS…
IN 2009, President Obama signed into law amendments to the Immigration & Nationality Act (INA) reversing the longstanding rule that a “visa petition dies with the petitioner.” The new law will ameliorate the harsh, unfair consequences resulting to thousands of beneficiaries of family and employment-based visa petitions who have been waiting for years for their…
Tattoos have evolved into popular forms of self-expression especially among younger people. However, tattoos sometimes indicate gang affiliations. As law enforcement officials began to understand the relationship of certain tattoos to criminal gangs, consular officers started to pay attention to tattoos for clues to gang affiliations among applicants for visas. Thus, in recent years, there…
The Board of Immigration Appeals (“BIA”) is an administrative appellate body, and a part of the Executive Office of Immigration Review (EOIR). The EOIR is an independent agency within the US Department of Justice. The BIA reviews the decisions of the Immigration Courts by interpreting federal immigration laws. For example, if an individual is ordered…
Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2006. The I-140 petition was approved, and the priority date is now current. I want to file for adjustment of status and get work authorization right away, but am being told I need to wait for an…
Due to demand stemming from aging demographics, the number of foreign-trained physicians practicing in the US continues to grow. According to the American Medical Association, International Medical Graduates (IMGs) comprise approximately one-third the US physician population. The Philippines is second, only to India, in the ranking of country of origin of IMG physicians. In order…
“The L-1 Visa category is available to individuals seeking to take up employment in the United States as “intra-company transferees” of multinational companies. In order to qualify as an intra-company transferee, the individual must have worked overseas for a period of at least one year in the three years preceding the application for L-1 status…
Several Filipino teachers, especially on the East Coast, have come to me for consultation, after the USCIS denied their national interest waiver (NIW) petitions. Apparently these teachers were initially petitioned by a school or school district for an H – 1B visa and came to the US, excited about teaching students in the US. They…
THE US House of Representatives has ignored a call to pass immigration reform over the past two years, opting to politicize the issue. As a result, the Boehner-led House has done absolutely NOTHING, even as the Senate passed its Comprehensive Reform Bill, S. 744, last year. In the meantime, the Obama Administration has taken several…
Most visitors to the US enter without any problems. However, some encounter more scrutiny and are denied admission due to violation of immigration laws. In this article, we’ll examine different situations where aliens are denied admission and the implications of these incidents on their future immigration applications. Expedited removal, withdrawal of application for admission, voluntary…
BY RATING Decision dated January 8, 2014 (mailed March 13, 2014), the US Department of Veterans Affairs, through its Pension Management Center in St. Paul, Minnesota, granted a Marine Corps Veteran during the Korean Conflict Era, aid and attendance monthly pension of $1,715.00 starting December 1, 2013. Indeed, the Author filed Marine Corps Veterans claim…
THE H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is to give US employers the opportunity to hire foreign professionals if a US citizen or resident is not available. In order for the H-1B visa…
USCIS recently informed representatives of the American Immigration Lawyers Association that about 40,000 asylum cases are currently pending at its asylum offices throughout the US An estimated 28,000 of those 40,000 were filed last year alone. Asylum applicants are frustrated, and sometimes perplexed – some applicants are called in for an interview within one month…
PARENTS that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network is in another state. This decision often have a significant impact on the visitation of the other parent because it would be more difficult for…
EVEN as the Obama Administration has espoused some more lenient policies toward persons who have violated their immigration status in the US, such as prosecutorial discretion, USCIS over the past several years seems to have increased the rate of denial of applications for adjustment of status. With the denial of these applications, particularly employment-based adjustment…
Dear Atty. Gurfinkel: Years ago, I entered the US under a different name but have been law-abiding and paying my taxes since then. My child, who was born in the US, will be celebrating his 21st birthday soon. I would like my child to petition me so I can finally get a green card. …
A CRIMINAL conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying…
ONCE again, the USCIS has announced that the H-1B cap has been reached within one week of opening on April 1, 2014. Even though we are talking about visas that are not even available until October 1, 2014 for FY 2015 and despite the fact that this has happened in each of the past several…
The May 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
