Category: Immigration

THE US Court of Appeals for the 9th Circuit recently joined the US Court of Appeals for the 5th Circuit  and reversed its previous decision in De Osorio et. al…

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…

AS OF  March 4, 2013 certain immigrant visa applicants who are the spouses, children and parents of US citizens (“immediate relatives”), who have been unlawfully present in the United States,…

With all the trouble immigrants go through to obtain their lawful permanent residence (LPR), you would be surprised to find out that some immigrants abandon their LPR status, in most…

Question: I am married to a US Citizen and I want to adjust to that of a Lawful Permanent Resident. What can I do? Answer: Are you inside the US?…

I know of many cases where a child was a derivative beneficiary of the parent’s family or employment-based petition. The parent was able to adjust status, and lock in the…

ALTHOUGH the Bipartisan “Gang of Eight” Senators has introduced The Border Security, Economic Opportunity, and Immigration Modernization Act, S.744, the Bill is still undergoing considerable “mark-ups” as it is debated…

Question: I am married to a U.S. Citizen and I want to adjust to that of a Lawful Permanent Resident. What can I do? Answer: Are you inside the U.S.?…

We’re continuing our discussions on the interesting proposals under the bipartisan senate bill on immigration reform, S.744, entitled the “Border Security, Economic Opportunity and Immigration Modernization Act”. Last time, we…

In an unpublished opinion, the Administrative Appeals Office (AAO) stated that the hardship suffered by an “applicant’s domestic partner of 17 years” could be taken into account when evaluating “extreme…

THE USCIS has been approving applications for Deferred Action for Childhood Arrivals (DACA) and accompanying requests for work authorization in just 2-3 months on average, notwithstanding the enormous number of…

Question: I’m in deportation proceedings and somebody stated I can apply for Cancellation of Removal. Can you shed some light on this and what is required? Answer: The Attorney General…

“In making an application for adjustment of status, an applicant must also prove that he is not “inadmissible” to the US. Certain grounds of inadmissibility may be “waived”during the process,…

Remember, the I-94 is a long form, and CBP tears off the lower portion of the I-94 and staples it to your passport. The longer portion is retained by CBP,…

On April 17, 2013, a bipartisan group of senators filed the “Border Security, Economic Opportunity and Immigration Modernization Act” bill in the U.S. Senate in an effort to start the…

An I-94, or information about a person’s arrival in the US can be very important in connection with future immigration benefits, such as extension of status, adjustment of status, or…

IN THE wake of the senseless bombing at the Boston Marathon, the Bipartisan “Gang of Eight” introduced The Border Security, Economic Opportunity, and Immigration Modernization Act, S.744, in the US…

Question: I heard that immigration reform is coming. Is this true? Answer: As a framework for reform, this is closer than we’ve come in years to meaningful change.The Senate “Gang…

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 basic rules A CHILDHOOD arrival may seek DAS and an employment authorization document (EAD) if he: 1. Was under the age of 31 as of June 15, 2012; 2….

A lawful permanent resident (LPR) or US Citizen (USC) parent may file an immigrant petition for his alien child including an adopted child. Under INA 101(b)(1)(E)(i), a child adopted while…

The Supreme Court has finished hearing arguments in two cases regarding challenges to the Defense of Marriage Act (DOMA) and is expected to issue a ruling in June 2013. Both…

Congress must respond! AS A sure sign the US economy is improving, US Citizenship and Immigration Services (USCIS) announced that the annual H-1B quota (“H-1B Cap”) for FY 2014 was…

THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press.  Nonetheless, Congress has been slow to respond in…

Question: I am a Registered Nurse and I don’t know how to come into the US Can you help? Answer: Primarily, the best way to come into the United States…

Under this agreement, qualified applicants would earn ‘American wages.’ With business and labor now in agreement, Congress is more comfortable moving forward with legislation. The pathway to legalization and citizenship…