EB-5 Investor Visa program developments
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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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I waited 15 years and now my petitioner died: Now what?
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:…
CA court’s power to make divorce orders
THIS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a…
Overusing your visitor’s visa could spell trouble
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…
Over-using your visitor’s visa could spell trouble
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…
ICE releases key statistics on prosecutorial discretion
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…
Can I get an H-1B finally?
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…
Overcoming the ‘Public Charge’ Ground of Inadmissibility
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…
Leaving the US with Advance Parole is not a ‘departure’
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…
Revisiting the 245(i) law
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…
I’m 17 and abandoned. What can I do?
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…
What constitutes ‘lawful admission’ to the US?
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…
What constitutes ‘lawful admission’ to the US?
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…
Meet the USCIS Entrepreneurs in Residence Tactical Team
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…
Proposed Provisional Waiver of Unlawful Presence
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…
H-1B season starts
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…
What about the new Waiver Law?
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…
I want out: Dissolution or legal separation?
When the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital…
H-1B filing underway for FY 2013
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,…
The new waiver process (not law yet)
ON JAN. 6, 2012, US Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that US citizens are…
USCIS to accept H-1B petitions for FY 2013 beginning April 2, 2012
WASHINGTON — US Citizenship and Immigration Services (USCIS) recently announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. …
How can I save 15 years of waiting for my green card?
Question: My mother is a lawful permanent resident and she petitioned my father. However, by time the visa number became current, I had aged out and was over 21 years…
What to do with conditional greencard status in troubled marriages
Marriage for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack…
USCIS Announces Citizenship and Integration Grant Opportunity
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today the availability of a competitive grant opportunity designed to promote immigrant civic integration and prepare permanent residents for citizenship. This…
What exactly is my employer for the H-1B?
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…
Discretionary relief from removal
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…
What is recruitment in PERM?
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…
Proposed Provisional Unlawful Presence Waiver is Not in Effect
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…
The battered spouse
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…
How can I get the Green Card through employment without waiting years?
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…