Category: Immigration

LAST week, President Obama urged Speaker of the House John Boehner to bring immigration reform to a vote this summer, or expect more administrative liberalization of Federal immigration policy. It…

DUE to demand stemming from aging demographics, the number of foreign-trained physicians practicing in the US continues to grow. According to the American Medical Association, International Medical Graduates (IMGs) comprise…

“ Immigrants in these circumstances would be well-advised to consult with an attorney specializing in Immigration & Nationality law to explore their options and determine what course of action is best…

Within the first week of the opening of the April 1, 2014 H-1B filing season, USCIS received a sufficient number of H-1B cap-subject petitions to overwhelm the annual H-1B quota—172,500….

Recently, a woman consulted with me about her brother’s immigration situation. Years ago, their father petitioned both of them while their father was still an immigrant. The father later naturalized,…

A WHITE Caucasian US Marine Corps veteran was granted disability pension benefits with Aid and Attendance effective February 1, 2014, by Rating Decision dated April 28, 2014, of the Department…

UNDER INA 101(a)(15)(F)(i), an alien student may temporarily enter the US to pursue a course of study at an established and approved college, university, seminary, conservatory, academic high school, elementary…

When a person is placed in removal/deportation, they typically go in front of the immigration judge (IJ) to demonstrate why they should not be deported or removed, such as they…

EMPLOYMENT-based immigration to the United States generally entails a three-step process: 1) Labor Certification (under the “PERM” program); 2) Immigrant Visa Petition approval; 3) Green Card issuance (or Consular Processing,…

The E-2 Treaty Investment Visa is the visa of choice for many business owners setting up shop in the US. The visa is highly desired as there is no limit…

The June 2014 Visa Bulletin indicates that the priority dates for the F-2A category (spouse\minor children of immigrant) will retrogress (move backwards) from September 8, 2013 to May 1, 2012….

ON May 6, 2014, the Obama Administration announced two new measures to attract and retain the highly-skilled workers the US requires to sustain the economic recovery. The first will allow…

UNDER Section 1031 of the United States Internal Revenue Code, 26 U.S.C. §1031, the exchange of properties used for investment or trade or business, but not for personal use, may…

Many in the LGBT community (in the pre-Windsor era) were placed in removal/deportation proceedings and were ordered removed/deported. This is because they had no “form of relief” available for them…

Recently a man came into our office to discuss his immigration case. He was very excited and confident that now was the time he would be able to file for…

On May 6, 2014, the Department of Homeland Security (DHS) announced a proposed rule allowing spouses of certain H–1B workers to apply for employment authorization. Under existing regulations, H-4 spouses…

IN 2009, President Obama signed into law amendments to the Immigration & Nationality Act (INA) reversing the longstanding rule that a “visa petition dies with the petitioner.” The new law…

Tattoos have evolved into popular forms of self-expression especially among younger people. However, tattoos sometimes indicate gang affiliations. As law enforcement officials began to understand the relationship of certain tattoos…

The Board of Immigration Appeals (“BIA”) is an administrative appellate body, and a part of the Executive Office of Immigration Review (EOIR). The EOIR is an independent agency within the…

Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2006. The I-140 petition was approved, and the priority date is now…

Due to demand stemming from aging demographics, the number of foreign-trained physicians practicing in the US continues to grow. According to the American Medical Association, International Medical Graduates (IMGs) comprise…

“The L-1 Visa category is available to individuals seeking to take up employment in the United States as “intra-company transferees” of multinational companies.  In order to qualify as an intra-company…

Several Filipino teachers, especially on the East Coast, have come to me for consultation, after the USCIS denied their national interest waiver (NIW) petitions. Apparently these teachers were initially petitioned…

THE US House of Representatives has ignored a call to pass immigration reform over the past two years, opting to politicize the issue. As a result, the Boehner-led House has…

Most visitors to the US enter without any problems. However, some encounter more scrutiny and are denied admission due to violation of immigration laws. In this article, we’ll examine different…

BY RATING Decision dated January 8, 2014 (mailed March 13, 2014), the US Department of Veterans Affairs, through its Pension Management Center in St. Paul, Minnesota, granted a Marine Corps…

THE H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is…