I know of many cases where a child was a derivative beneficiary of the parent’s family or employment-based petition. The parent was able to adjust status, and lock in the child’s age under the CSPA mathematical formula. While the child was in the midst of being processed for an immigrant visa, the parent became eligible…
ALTHOUGH the Bipartisan “Gang of Eight” Senators has introduced The Border Security, Economic Opportunity, and Immigration Modernization Act, S.744, the Bill is still undergoing considerable “mark-ups” as it is debated in the Senate. Once this process is complete, the entire Senate will vote on the Bill, and only if the Bill also passes in the…
Question: I am married to a U.S. Citizen and I want to adjust to that of a Lawful Permanent Resident. What can I do? Answer: Are you inside the U.S.? Question: Yes. Answer: Did you enter illegally? Question: Yes? Answer: Did you commit any crimes, any fraud or have you been issued any deportation orders?…
We’re continuing our discussions on the interesting proposals under the bipartisan senate bill on immigration reform, S.744, entitled the “Border Security, Economic Opportunity and Immigration Modernization Act”. Last time, we examined the legalization provisions of the bill. Now, we’ll discuss some new grounds for inadmissibility and changes in waivers of inadmissibility. A criminal conviction could…
The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time…
In an unpublished opinion, the Administrative Appeals Office (AAO) stated that the hardship suffered by an “applicant’s domestic partner of 17 years” could be taken into account when evaluating “extreme hardship” in connection with a fraud waiver. In that particular case, the applicant was petitioned by his US citizen mother, but his adjustment of status…
THE USCIS has been approving applications for Deferred Action for Childhood Arrivals (DACA) and accompanying requests for work authorization in just 2-3 months on average, notwithstanding the enormous number of cases filed since the program was implemented on August 15, 2012. DACA cam about pursuant to the Obama Administration’s promise to accord Deferred Action Status…
It is a common situation specially within the Filipino community in California to listen to paralegal marketing about “Quick” Nevada divorces. Since there is no divorce in the Philippines, many Filipinos come to the US still married to their spouse in the Philippines. After settling in the US, some Filipinos in this situation end up meeting an American boyfriend or…
Question: I’m in deportation proceedings and somebody stated I can apply for Cancellation of Removal. Can you shed some light on this and what is required? Answer: The Attorney General may cancel the may cancel the removal of an Lawful Permanent Resident (LPR) if he or she: Has been “lawfully admitted for permanent residence” for…
“In making an application for adjustment of status, an applicant must also prove that he is not “inadmissible” to the US. Certain grounds of inadmissibility may be “waived”during the process, such as prior criminal convictions or immigration violations.“ THE US Court of Appeals for the 9th Circuit granted a joint motion to dismiss a case…
Remember, the I-94 is a long form, and CBP tears off the lower portion of the I-94 and staples it to your passport. The longer portion is retained by CBP, and the information is entered in their database. Recently, a young person came to my office, brokenhearted, because she had filed for Deferred Action for…
On April 17, 2013, a bipartisan group of senators filed the “Border Security, Economic Opportunity and Immigration Modernization Act” bill in the U.S. Senate in an effort to start the process of reforming the nation’s immigration system. The bill’s broad scope and sensible approach are impressive. However, since the bill is a compromise proposal that…
An I-94, or information about a person’s arrival in the US can be very important in connection with future immigration benefits, such as extension of status, adjustment of status, or the like. Whenever a non-immigrant arrives in the US by air or sea, he or she usually fills out a white arrival/departure record, called a…
IN THE wake of the senseless bombing at the Boston Marathon, the Bipartisan “Gang of Eight” introduced The Border Security, Economic Opportunity, and Immigration Modernization Act, S.744, in the US Senate. The measure, which had been in the works for many weeks, was brought forward and Congressional hearings continue, notwithstanding opponents’ attempts to use the…
Question: I heard that immigration reform is coming. Is this true? Answer: As a framework for reform, this is closer than we’ve come in years to meaningful change.The Senate “Gang of Eight” for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the “markup” process. A proposal like this…
Consider the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file separate tax returns. What are the tax consequences of the non custodial parents with regards to claiming the children in his or her return? A…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
The basic rules A CHILDHOOD arrival may seek DAS and an employment authorization document (EAD) if he: 1. Was under the age of 31 as of June 15, 2012; 2. Came to the United States before reaching his 16th birthday; 3. Has continuously resided in the United States since June 15, 2007, up to the…
A lawful permanent resident (LPR) or US Citizen (USC) parent may file an immigrant petition for his alien child including an adopted child. Under INA 101(b)(1)(E)(i), a child adopted while under the age of 16 years and who has been in the legal custody and has resided with the adopting parent for at least 2…
The Supreme Court has finished hearing arguments in two cases regarding challenges to the Defense of Marriage Act (DOMA) and is expected to issue a ruling in June 2013. Both cases involve same-sex marriages. DOMA was enacted by Congress in 1996, and Section 3 of the law defines “marriage as only a legal union between…
Congress must respond! AS A sure sign the US economy is improving, US Citizenship and Immigration Services (USCIS) announced that the annual H-1B quota (“H-1B Cap”) for FY 2014 was reached within the first week of the filing period, which began on April 1, 2013. On April 7, 2013, USCIS used a computer-generated lottery…
ON January 2, 2013, Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time US citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States…
THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Nonetheless, Congress has been slow to respond in the face of economic problems throughout the World and the FY 2014 H-1B quota is sure to be reached within just a couple of weeks…
Question: I am a Registered Nurse and I don’t know how to come into the US Can you help? Answer: Primarily, the best way to come into the United States as a Registered Nurse is through the normal I-140 Schedule A process. This is whereby an RN submits everything necessary to eventually obtain residency. Question:…
Under this agreement, qualified applicants would earn ‘American wages.’ With business and labor now in agreement, Congress is more comfortable moving forward with legislation. The pathway to legalization and citizenship suddenly looks brighter for the 11,000,000 illegal immigrants in the US. This is because the major organizations representing business and labor (US Chamber of Commerce…
Recently, the 9th Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that the BIA’s “blanket rule against recognizing states’ nunc pro tunc adoption decrees brackets [is] an unreasonable and impermissible construction of” the law. One of the requirements to petition an adopted child is that the adoption must take…
Using a false social security number is one way to obtain unauthorized employment. You might have heard how some undocumented aliens make up social security numbers or use the numbers of other people without permission. You might think this conduct is relatively harmless but it has criminal and immigration consequences. It is often punished under…
People around the world are actively following the news concerning comprehensive immigration reform (CIR), hoping that the Democrats and Republicans in Washington can work together and pass a law overhauling our immigration system, and possibly grant amnesty to illegal aliens in the US. The Los Angeles Times recently reported that an influential Republican senator (Sen. Lindsey Graham)…
MANY people, employers and employees alike, have been in our office recently requesting information on H-1B visas and whether or not that is an option for them. The rush to investigate H-1B possibilities is normal at this time of year. April 1 of every year is the date that US Citizenship and Immigration Services begins…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
