WITH the US economy steadily improving over the past several months, US employers are hiring again. Last weeks Federal Jobs Report showed that US employers were again hiring at a vigorous pace, with 236,000 new jobs having been created during the month of February 2014. What this means for H-1B Visa applicants is that employers…
An alien of good moral character who married and resided with a US Citizen (USC) or lawful permanent resident (LPR) spouse but who was battered or subjected to extreme cruelty by the USC or LPR spouse during the marriage may file a battered spouse petition under the Violence Against Women Act (VAWA) provisions of the…
Question: I heard that H-1B’s are about to be able to be filed. What can I do? Answer: First, April 1, 2013, the doors open again and new H-1B’s can be filed. It does take time to prepare a quality H-1B, so time is of the essence and you should either get started right away…
Everyone knows that one of the fastest and easiest ways to get a green card is thru a bona fide, good faith (love) marriage to a US citizen. However, one of the worst things that a person can do is enter into a fixed marriage for purposes of obtaining immigration benefits. This is because if…
AS OF March 4, 2013 certain immigrant visa applicants who are the spouses, children and parents of US citizens (“immediate relatives”), who have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers through a new, Stateside “Provisional Waiver” process. The new provisional waiver process is for certain individuals who…
QUESTION: I have heard that there is going to be immigration reform. Can you shed some light on the subject and what we might expect? Answer: Conservatives have tended to oppose immigration reform and amnesty for undocumented workers. Prominent Republicans, however, have recently come out in support of massive immigration overhauls. We could speculate as…
There are times when a person is arrested and charged with a crime. In some cases they may have actually committed the crime, or it could be that they are completely innocent, wrongfully accused, or were arrested because of some misunderstanding or miscommunication. They want to fight the charges to prove their innocence. The person…
THE current influx of media attention on immigration issues is very exciting. One cannot help but be hopeful and optimistic that some type of immigration reform is on the horizon. For example, President Obama unveiled his proposed legislation last week, which would lead to the substantial overhauling of the immigration system. The proposed legislation has…
YES, it’s that time of year again: The H-1B visa quota (H-1B “cap”) for FY 2014 will finally open up on April 1, 2013, making 65,000 new H-1B visa numbers available for new employment beginning on October 1, 2013 as well as an additional 20,000 H-1Bs for persons who have attained a Master’s Degree or…
If you listen to the news these days, you get the impression that immigration reform is inevitable. Never mind that it also felt this way in 2007 before the immigration deal collapsed. If you’re excited about these recent developments, try to understand the forces that propel and resist reform and you’ll know whether there will…
IN PREVIOUS editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence. In many cases, however, a problem exists in even getting to the point at which…
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…
IN THE wake of an announcement late last month that a Bipartisan “Gang of Eight” Senators has put for a blueprint for Comprehensive Immigration Reform (CIR), a leaked internal Whitehouse memorandum outlining the President’s vision for Immigration reform sparked much controversy over the President’s Day Weekend. When news of the leak surfaced, President Barack Obama’s…
DOS should consider consuls’ requests for additional information or documentation in a similar vein, and if the visa is eventually issued, then there should be no problem or adverse consequences. Asking for more information should not be considered a denial, setting up the person for a potential charge of fraud or misrepresentation. Sometimes, when a…
SINCE 2008, we have heard the topic of immigration reform repeatedly. However, discussion has never led to any substance. After Obama’s reelection, the public has made it clear that immigration reform is a key priority. He is finally listening. In January 2013, the President Obama stated that “Now is the time” for immigration reform. The…
PRESIDENT Obama is expected to make a further pitch for his vision of Immigration Reform when he delivers his annual State of The Union Address to the nation this week. Riding on momentum from last month’s introduction of a blueprint for immigration reform by a Bipartisan group of Senators known as the “Gang of Eight,”…
You might think that a deportation order would ruin your immigration options but you would be surprised to find out that it’s not always the case. Removal is the compulsory movement of an inadmissible or deportable alien out of the US based on a final order of removal. Deportation is the popular term for removal…
Question: I have a child that I want to adopt, but do not know the immigration procedures. Can you help? Answer: The US is now a signatory to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 29 May 1993, entered into force Apr. 1, 2008. The Hague Convention applies when both countries are signatories…
“ Those persons who have an immigrant visa available to them, but who are ineligible to adjust status in the US, however, must make a difficult decision to leave the US and their loved ones behind to apply for a waiver in conjunction with their immigrant visa application at the US Embassy or Consulate in…
AS A former Immigration Officer and as a practicing attorney for 14 years, I have been around long enough to know that when a great opportunity presents itself my clients should act immediately. Most of my fellow practitioners will tell you that the last 15 years or so have not been kind to immigrants. Things…
ON January 3, 2013, USCIS officially published the final rule on “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives”. Qualified applicants can begin filing provisional wiver applications (Form I-601A) on March 4, 2013. Immigrants who enter the country illegally or overstay their visas cannot apply for permanent residence in the United States. Instead…
On Monday, January 28, 2013, a Bipartisan group of Senators introduced a blueprint for Comprehensive Immigration Reform (CIR). The Senators, dubbed the “Gang of Eight,” include Shumer, McCain, Durbin, Graham, Menendez, Rubio, Bennett and Flake. With four Senators hailing from each side of the aisle, this is the first attempt at meaningful immigration reform since…
An N-400 naturalization application may appear to be a simple application. For most applicants that might be true but for some there are serious risks that go beyond mere denial of the N-400. A lawful permanent resident (LPR), who is 18 years or older, may apply for naturalization by establishing that he meets the residence,…
The duties owed between spouses in the management and control of community property are the same with regard to those in a fiduciary relationship. The marital entity is one with the greatest degree of confidence. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and a duty…
One of the major assets a divorcing couple usually has, other than real estate property, are retirement benefits such as company pensions, 401k, and other deferred compensation. The problem in determining how much community property interest in the retirement benefit arises when the employee spouse worked at a particular employer longer than the period of…
ON Friday, August 3, 2012 the USCIS issued new guidelines and Frequently Asked Questions (FAQs) to clarify the rules and requirements for “Childhood Arrivals” to the US who may benefit under the “DREAM ACT” Deferred Action Status (DAS) initiative announced on June 15, 2012. There are an estimated 1,000,000 people living in the US who…
The details of the DHS Final Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, which was published on January 3, 2013 and which take effect on March 4, 2013, are by now familiar. Immediate relatives of US Citizens (USC) applying for immigrant visas abroad but are inadmissible based on their unlawful…
QUESTION: I have heard that the regulations for the Stateside Waiver are final. Is that true? Answer: Well, first you musty realize that an applicant for an immigrant visa, adjustment of status, or a K or V nonimmigrant visa who is inadmissible under any provision of section 212(a) of the Act for which a waiver…
A PROPOSED change in the process of obtaining an I-601 waiver was recently entered in the federal registry and people will be allowed to apply for this provisional waiver beginning March 4, 2013. This change could potentially benefit millions of people and eliminate the risk in seeking the waiver. A 601 waiver may be required…
The economic crisis and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States. Employment based immigration has been affected by long wait time in priority under the EB3 category. H1-b visas has been affected by is a viable option if the immigrant…
