QUESTION: I have someone who wants to petition me for an H-1B, but am confused as to whether it will qualify. Can you help? Answer: The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may…
NORMAN is a 19-year-old high school senior and a legal permanent resident for 4 years. One evening, he and his friends decided to go on a “dare,” and his friends dared him to go inside a Target store and “pick up” a video game and a packet of gum. He was charged with, and pled…
QUESTION: I have been sponsored for the PERM. I’m not sure what must be done with the recruitment. Can you specify. What exactly is recruitment? Answer: Recruitment is necessary in order to submit the PERM electronically. It shows that you advertised for the position in question. Question: What is the SWA? Answer: This means State…
WASHINGTON — On March 30, 2012, the Department of Homeland Security (DHS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to…
Sylvia came to America carrying her hopes and dreams for a better life. Sadly, those dreams quickly turned into a nightmare. While working as a volunteer back in the Philippines she met Gordo who was the nephew of one of her patients at the hospital. Gordo was a US citizen who having been laid off…
QUESTION: I have a Master’s Degree in Economics and would like to know if there is anyway I can get the Green Card through employment without waiting years. Answer: There is what is known as the EB-2 category. This is the second employment based preference. It is specifically for persons whom have advanced degrees. In…
TWENTY years ago, Abel, who was 20 years old, entered the United States using his cousin’s passport that had a United States visa. They looked alike and were the same age. He overstayed his tourist stay but went home after one year. Ten years later, Abel re-entered the US on a student visa, now using…
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas hosted an Information Summit today at the NASA Research Park in Moffett Field, Calif., to launch the USCIS Entrepreneurs in Residence (EIR) Initiative. “Today USCIS gained invaluable insights from prominent entrepreneurs and industry leaders on immigration issues critical to our nation’s economic prosperity,” said Director Mayorkas….
VALENTINE’S Day is traditionally a holiday for couples to celebrate their love. However, when good relationships go bad, Valentine’s Day becomes one abusive nightmare. Debbie entered the United States as a student where she met a young US citizen in one of her classes. They quickly fell in love and married. Unfortunately, Debbie soon saw…
ORLANDO, Fla.—U.S. Citizenship and Immigration Services (USCIS) today announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands. Launched in March 2011…
QUESTION: I’m afraid that I will get in trouble. My worksite is being audited. What should I do? Answer: Here are some useful tips. You should consider doing the following: Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide…
A PETITION for nullity of a marriage is based on an allegation that an impediment existed at the time of the marriage that prevented the marriage from ever existing. Whereas a petition for dissolution of a marriage typically alleges that some issue arose during the marriage that precludes it from continuing further (i.e. “irreconcilable differences”),…
QUESTION: I have been waiting for many years to come to the United States from a petition from my sister. It has been 14 years. Must I still wait? Answer: Actually, it takes even more years to do this. The visa number must be current and there is no way to speed this process up….
IN August 2004, Jade, a legal permanent resident, petitioned for her child, John. John was classified under the F2A category as an unmarried child of a legal permanent resident. When the petition was filed, John was only 17 years-old. In March 2007, USCIS approved Jade’s petition for her son. In July 2009, Jade naturalized and…
QUESTION: I heard that there is some new law about the Waiver of the 3/10 year bar. What is it? Answer: It is not actually law yet, but it is great news. Instead of waiting outside the United States for years waiting for the 3/10 year bar to be adjudicated, once the regulations are final,…
MANNY and Mary worked together at the same healthcare facility. Despite a 20-year age difference, they became close friends and started dating. Within 5 months, Manny proposed. Due to financial constraints, Manny and Mary had a small civil wedding and moved into a rented room in the house of a mutual friend. Upon marriage, Mary…
QUESTION: I have heard that there is a new way that I can submit my Waiver of the 3/10 year bar. Is that true? Answer: Normally, you would have to leave the U.S to submit the Waiver and await adjudication outside the US However, it seems that will change. On Jan. 6, 2012, US Citizenship…
AS WE begin this New Year, we hope that 2012 will be good for all of you, especially in the area of immigration law. Traditionally, immigration law has seen positive changes during the years of the presidential elections. We remain optimistic that 2012 will not be different. One encouraging indicator that good immigration developments are…
WITH the New Year comes the opportunity to reflect on our lives and to set goals for ourselves during 2012. Many of these goals will revolve around health, work, and family. It is also the perfect time to set a goal to seek answers and resolutions to immigration problems. One problem that is common and…
AT LEAST once a week, someone comes into my office panicking because their spouse or other relative has been picked up and detained by immigration authorities. The relative was arrested and placed in one of the county jails where Immigration and Customs Enforcement detains those with immigration violations. This can happen in many different ways….
IT IS hard to believe that we will be greeting a new year in less than three weeks. If you are like me, you are in the midst of Christmas-related hustle and bustle, trying to prepare for the holidays and the end of 2011. While it is the season of celebrating and being grateful for…
THE powers of hope and prayer should never be underestimated. Similarly, the power of practical action and the implementation of resolution should occupy a large part of your day. We are reminded of the power of action as we reflect on the meaning of Hanukkah. In Hebrew, the word “hanukkah” means “dedication.” The name reminds…
Conditional residence is the immigration status of a foreign national who was approved for permanent residence (green card) within two years of getting married to a US citizen. During the two years conditional period the immigrant has the same rights and responsibilities as other green card holders. This includes the right to live and work…
Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What…
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…
Valentine’s Day is just around the corner. It’s the time of the year when many couples get engaged or married. If you are an American citizen who intends to marry your foreign fiancé in the United States you must first obtain a “K-1” fiancé visa. This article will cover general requirements and processing procedures for…
H-1B season is around the corner. On April 1, 2010, the United States Citizenship & Immigration Service (USCIS) will accept H-1B filings for the Fiscal Year 2011. The start date that can be requested for such petitions will be October 1, 2010 (first day of Fiscal Year 2011). H-1B “Cap Filings” do not include filings…
In a previous article, we covered eligibility requirements for EB-2 advanced degree and exceptional ability aliens, and EB-3 skilled and professional workers. The third preference category of employment-based immigration (EB-3) is divided into two sub-categories: “professional/skilled workers” and “other (unskilled) workers.” This article will discuss general application procedures and requirements regarding the “other worker” category….
Each year the immigration regulations provide a minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. While some categories have a backlog of several years, others have a much shorter wait time. The most common are the EB-2 and the EB-3 categories. This article will cover general questions regarding the requirements,…
Congress established the employment based fifth preference (EB-5) immigrant visa category under the U.S. Immigration Act of 1990 (IMMACT90) in the hopes of attracting foreign capital to the U.S. and creating jobs for American workers in the process. IMMACT90 allows the U.S. Citizenship and Immigration Service (USCIS) to issue up to 10,000 immigrant visas annually…
