Category: Immigration

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…

USCIS recently informed representatives of the American Immigration Lawyers Association that about 40,000 asylum cases are currently pending at its asylum offices throughout the US An estimated 28,000 of those…

EVEN as the Obama Administration has espoused some more lenient policies toward persons who have violated their immigration status in the US, such as prosecutorial discretion, USCIS over the past…

Dear Atty. Gurfinkel: Years ago, I entered the US under a different name but have been law-abiding and paying my taxes since then.  My child, who was born in the…

A CRIMINAL conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude…

ONCE again, the USCIS has announced that the H-1B cap has been reached within one week of opening on April 1, 2014.  Even though we are talking about visas that…

The May 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.”  It is phenomenal news for spouses…

Even as the Obama Administration has espoused some more lenient policies toward persons who have violated their immigration status in the US, such as prosecutorial discretion, USCIS over the past…

A criminal conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying to enter the US from getting a visa or admission. Grounds for deportability make an alien who has already been admitted into the US susceptible to removal.

IF the Department of Homeland Security has initiated Removal Proceedings against you, an Immigration Judge will preside over your case in Immigration Court and a government attorney will seek your…

Although some same – sex couples, like many opposite sex couples, may think they can file and handle the case on their own, I would strongly suggest they seek the…

ALTHOUGH attorneys take an oath upon admission to the bar to zealously advocate on behalf of their clients, I have heard an overwhelming number of stories in which potential clients…