Category: Immigration Columnists

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits. “Today marks a significant milestone in our agency’s history,” said USCIS Director Alejandro Mayorkas. “We have launched…

QUESTION: I would like to become a US Citizen. What can I do and what are the basic requirements? Answer: These are the basic requirements: Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization; Have lived within the…

AS AN immigration officer, I had many emotional experiences and one of my most difficult experiences was when an Iranian applicant came to the Service and requested an advanced parole travel document to return home to visit her dying father. With her adjustment of status pending and processing taking years, she could not wait for…

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 H-1B visa quota for FY 2013 officially opened up on Sunday, April 1, 2012, making 65,000 new H-1B regular visa numbers available for new employment beginning on October 1, 2012, as well as an additional 20,000 H-1Bs for persons who have attained a Master’s Degree or higher in the US. As of May 14,…

Mother’s Day is a time when everyone should reflect on all the wonderful things and the sacrifices their mothers have made for them. It is also the time when Mothers feel blessed with the gift of motherhood, and feel the indescribable joy of being surrounded by their children. Unfortunately, for some mothers who are in…

THE USCIS Service Centers have recently received guidance and new instructions for their adjudicators relating to the timing of creating new jobs and explaining the meaning of “full-time” for positions created through the “EB-5” investor program investment. In apparent response to some unwarranted shifts in adjudicatory processes and the Service Center’s imposition of more stringent…

QUESTION: My father petitioned me 15 years ago and it was just about current, but he just died. Now, what happens and can I still come to the US? Answer: Normally, when the petitioner dies so does the petition. Thus, when you would receive a packet from the National Visa Center stating that the visa…

Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. Recently, I went to the US for a vacation, and was given 6 months to stay in the US by the Immigration Officer at the airport. I applied for an extension, and was granted another 6 months. I returned to the Philippines about 3 months…

Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. Recently, I went to the US for a vacation, and was given 6 months to stay in the US by the Immigration Officer at the airport. I applied for an extension, and was granted another 6 months. I returned to the Philippines about 3 months…

ON April 16, 2012, the US Immigration & Customs Enforcement (USICE) released key statistics regarding its prosecutorial discretion initiative that began last year. Since November 2011, USICE has been reviewing some 300,000 cases pending in the US Immigration Courts, to improve that agency’s efficiency and preserve limited resources. The USICE’s policy to exercise its “prosecutorial…

QUESTION: I have an employer willing to sponsor me. What is a ‘specialty occupation’ and can I get an H-1B? Answer: The job must meet one of the following criteria to qualify as a specialty occupation: Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position. The degree requirement…

As far back as he could remember, Doogie wanted to grow up to be a doctor. Upon his graduation from college his family immigrated to the United States. However, instead of pursuing his medical studies, he immediately began working as a cashier at a restaurant and eventually was promoted to manager. As the years passed,…

REVERSING years of its own jurisprudence and in opposition to various Federal Court interpretations, the Board of Immigration Appeals issued a case holding that a departure from the US pursuant to a grant of an advance parole travel document is not a “departure” for the purposes of triggering the “unlawful presence” bar to admission. The…

ALTHOUGH over ten years have passed since the most recent amendment pertaining to the law commonly referred to as “245i” was enacted, the law remains to be the subject of many court cases and interpretations. I myself have written on this topic previously. However, there appears to be a constant need to explain and clarify…

QUESTION: I’m 17 and my mother died and my father abandoned me. What can I do? Is there any help for me? Answer: Yes, There is what is known as a Special Immigrant Juvenile Petition A special provision of the Immigration and Nationality Act allows certain qualifying minors to petition for immigrant status as a…

THE Board of Immigration Appeals (BIA) has restored its prior ruling that “admission” for the purposes of a later adjustment of status means a procedurally regular admission, and not an admission in a particular status. Last year, the US Court of Appeals for the 9th Circuit in Orozco v. Mukasey. 521 F.3d 1068 (9th. Cir…

THE Board of Immigration Appeals (BIA) has restored its prior ruling that “admission” for the purposes of a later adjustment of status means a procedurally regular admission, and not an admission in a particular status. Last year, the US Court of Appeals for the 9th Circuit in Orozco v. Mukasey. 521 F.3d 1068 (9th. Cir…

USCIS has partnered with business experts to improve the way we approach the employment-based and high-skilled visa categories used by immigrant entrepreneurs. Director Alejandro Mayorkas kicked-off this innovative program, called the Entrepreneurs in Residence (EIR) initiative, with an Information Summit in Silicon Valley in February. Now, USCIS has entered a new phase of the initiative…

USCIS has published a very important proposed change in processing petitions for certain alien relatives called “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.” How does this proposed change affect you? Current Rule. A United States citizen who wants to sponsor his alien spouse, parent or minor child (under 21 years old and…

THE H-1B visa category opened again recently. As usual, we are seeing much interest by individuals and employers seeking obtain the H-1B nonimmigrant visa. In the last two years, the H1-B visa quota did not reach until much later in the year. However, prior to that, the H-1B cap has been reached within days of…

Question: I have been married for 12 years to a US citizen, but have always been afraid to file anything. I heard that I will have to file the Waiver of the 3/10 year bar, but did not want to chance leaving the US. What is the current status of the new Waiver regulations? Answer:…

THE H-1B visa quota for FY 2013 officially opened up on Sunday, April 1, 2012, making 65,000 new H-1B regular visa numbers available for new employment beginning on October 1, 2012, as well as an additional 20,000 H-1Bs for persons who have attained a Master’s Degree or higher in the US. Since the H-1B quota…

ON JAN. 6, 2012, US Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that US citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States….

WASHINGTON — US Citizenship and Immigration Services (USCIS) recently announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee.  USCIS will not rely…

Question: My mother is a lawful permanent resident and she petitioned my father. However, by time the visa number became current, I had aged out and was over 21 years old. Is there anything that I can do? Answer: In this particular case, you are able to fall under what is known as the Child…

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today the availability of a competitive grant opportunity designed to promote immigrant civic integration and prepare permanent residents for citizenship. This year’s program will offer approximately $5 million in funding for citizenship preparation programs in communities across the country. Through this grant opportunity, USCIS seeks to…