Category: Immigration Columnists

EACH year, I consult with hundreds of individuals who have been ordered to leave the US by Immigration Judges. In the vast majority of these cases, the person had applied…

QUESTION: I have heard that there is a new electronic filing system at USCIS. Is that true? Answer: It is called USCIS ELIS.USCIS ELIS is a user-friendly system created to…

Dear Attorney Gurfinkel: I was petitioned by my US citizen father, and after waiting for over 15 years, I was finally interviewed and just received my immigrant visa, which was…

On June 17, 2011, US Immigration and Customs Enforcement (ICE) Director John Morton issued a Memorandum to provide guidance on the exercise of prosecutorial discretion (the Morton Memo). “Prosecutorial discretion”…

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…

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…

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…

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…

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…

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,…

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…

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…

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:…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…