Immigration Law Facts and Issues
Featuring a series of immigration law articles spanning nine years, by Richard Hanus, Chicago immigration attorney and columnist.
On a regular basis, Mr. Hanus writes a series of columns to help expand the understanding of U.S. Immigration related matters. Following are links to this series of resources. If you have any questions or comments, please contact us.
Expedited Processing Back On for I-140, Immigrant Petitions for Alien Workers; Visa Availability Still an Obstacle
June 26th, 2009
Expedited processing, or “Premium Processing,” allows for processing of certain immigration petitions in 15 calendar days or less with the payment of an additional filing fee of $1000. In the past, Premium Processing had been available for most types of I-140 immigrant worker petitions, but eventually Citizenship and Immigration [...]
Help for Widows and Widowers of U.S. Citizens Seeking to Remain in the U.S.
June 11th, 2009
The way current legislation reads, widows and widowers of U.S. citizens who are married less than two years at the time their U.S. citizen spouse passes away are not eligible for U.S. permanent residence. That is, foreign nationals living in the U.S. and awaiting processing of their applications for permanent [...]
The New Attorney General Reverses Field on Legal Representation in Removal Proceedings
June 4th, 2009
Just over 4 months after the outgoing Attorney General declared that foreign nationals do not have the right to effective representation in removal proceedings, the Obama Administration’s new Attorney General, Eric Holder, has undone that act. Attorney General Holder’s action to vacate the earlier decisions in the cases of Matter [...]
U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers
May 13th, 2009
Last week the U.S. Supreme Court issued a unanimous decision rejecting the criminal prosecution of certain undocumented workers, under a federal identity theft statute, because of their use of fictitious social security or permanent resident cards. In a 9-0 decision, with several of the justices writing separate concurring [...]
Department of Homeland Security Refocusing Goals in Workplace Enforcement
April 30th, 2009
Today, the U.S. Department of Homeland Security (DHS) announced a new vision when it comes to the implementation of worksite enforcement policies and the goals it seeks to achieve.
The DHS arm charged with carrying out worksite enforcement, Immigration and Customs Enforcement (ICE), has in recent years carried out worksite raids [...]
New Filing Instructions for Residents Seeking to Renew Resident Cards
April 29th, 2009
US lawful permanent residents renewing their Permanent Resident Cards by way of direct mailing of Form I-90 (as opposed to online filing) should pay attention to two important changes.
Firstly, I-90 applicants are now instructed to file their supporting documentation when submitting their application, as opposed to only presenting it when [...]
Significantly Less Demand for H-1B Visas
April 15th, 2009
In years past, the annual supply of 65,000 H-1B work visas was exhausted within the first week of availability. However, according to a news release issued last week by U.S. Department of Homeland Security Citizenship and Immigration Service, less than 33,000 petitions were received during this same period this [...]
Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers
April 10th, 2009
The State Department’s recently issued visa bulletin for May 2009 features bad news for all foreign workers in the Employment-Based 3rd Preference Category, which includes certain professionals, skilled workers and unskilled workers. For the remainder of the fiscal year - which runs through September 30, 2009 - immigrant visas for [...]
Will Durbin’s DREAM (Act) Ever Come True?
March 30th, 2009
There are a multitude of perspectives in the debate about how our country should fix the problem of having 10 to 20 million undocumented individuals residing here. Days ago, Senator Dick Durbin (D) of Illinois once again has introduced legislation before the U.S. Senate to establish a “path [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
March 15th, 2009
Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) and most of the time, satisfy certain income requirements. The most common exception [...]
Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire
February 28th, 2009
It’s a problem. A big problem. Innocent foreign nationals from countries far and wide are finding themselves in the middle of the Motor-Voter/Deportation crossfire here in the U.S. In Illinois, the following scenario (or a version of it) is unfortunately popping up way too often:
Foreign national - we’ll call her [...]
The Right to “Effective Assistance of Counsel” in Removal Proceedings
February 9th, 2009
When a foreign national is prejudiced by the ineffective assistance of his attorney in the context of removal proceedings, the foreign national has historically had a right to redress - a Motion to Reopen based on ineffective assistance of counsel. That right, however, has been pretty much eliminated and transformed [...]
Waiting for Comprehensive Immigration Reform - What Actions Can the Overstay/Undocumented Take in the Meantime?
January 20th, 2009
So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular [...]
Amidst Fear of Terrorism, US CIS Sets Goals for Screening Fraudulent Green Card Applications
January 6th, 2009
Recently, the U.S. Congressional Committee on Homeland Security commissioned a study of fraud among immigrant Adjustment of Status applications, after a 2004 warning from the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) that members of terrorist organizations could easily “embed” themselves in the U.S. by [...]
UPDATE: The Truth about Foreign Nurses and US Immigration Law
December 8th, 2008
As of this writing there truly is no speedy and simple way to facilitate the issuance of either immigrant or temporary work visas for Registered Nurses from most foreign nations (Canada and Mexico are the only exceptions). Knowing the truth about foreign nurses and US immigration law is critical, specifically [...]
An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval
November 24th, 2008
For citizens of North American countries such as Canada and Mexico, the path toward obtaining a nonimmigrant visa or permission to work in the United States is often much simpler than applying for the H-1B. Since the enactment of NAFTA (the North American Free Trade Agreement) in 1994, workers in [...]
Barack Obama and the Future of Our Immigration Laws
November 5th, 2008
Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency will be. The campaign is finally over, the hoopla is hopefully dying down, and whether you think President Elect Barack Obama is the [...]
New Civics Test Implemented for N-400 Applicants
October 21st, 2008
Beginning Oct. 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) is using new questions for the U.S. civics portion of the N-400, Application for Naturalization testing process. Applicants filing for naturalization on or after October 1, 2008 will be administered the new test at their interview. Applicants filing prior [...]
Filing Locations for N-400: Applications for Naturalization Stay the Same… For Now
October 10th, 2008
In the past week or so, U.S. Citizenship and Immigration Service has reversed course and now confirms that the filing locations for N-400 Applications for Naturalization will not change as recently announced. Therefore prospective applicants are directed to disregard any filing location change notification . For the time being, applications [...]
The New Visa Lottery (DV-2010)
September 25th, 2008
As in years past, millions of people from all over world will submit entries to have a chance at one of 55,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from eligibility are natives of Brazil (new to the list), Canada, China (mainland born), Colombia, Dominican [...]
Now is the Time for Employers and New Foreign National Employees to Start Thinking about H-1B Petitions
September 15th, 2008
65,000 and 20,000. As of this writing, those are the numbers for the annual allotment of new H-1B visas that employers and their (prospective) foreign national employees will be scrambling for come April, 2009. 65,000 is the general supply , and an additional 20,000 are for individuals who have been [...]
The Role of Counsel in PERM / Labor Certification Processing
September 5th, 2008
Foreign nationals seeking to obtain permanent resident status in the U.S. by way of a job offer are usually subject to a process wherein the employer must document the unavailability of ready, willing and qualified U.S. workers to fill the position at issue. The process is initiated by way of [...]
In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened
August 25th, 2008
But I had the matter expunged! That is usually the first response a client will provide when I suggest that we must disclose all arrests or criminal charges when it comes to answering questions listed on an Application for Permanent Residence (I-485) or Application for Naturalization (N-400).
Although for some purposes, [...]
New Medical Forms, New Vaccine Requirements, and One Small Detail
August 15th, 2008
This summer US Citizenship and Immigration Services (CIS) has issued a new list of required vaccinations and a new medical form for applicants for permanent residence (I-485).
Applicants for Adjustment of Status will need to show that they’ve had the following vaccinations:
- rotavirus
- hepatitis A
- meningococcal
- human [...]
Oath Ceremonies at US CIS, Chicago District Office
August 8th, 2008
When I attended a client’s Naturalization Interview earlier this week, I observed a departure from what has typically been Chicago CIS office procedure. Applicants who were being approved for U.S. citizenship at their interview were being asked to stick around an extra half hour to receive printed notices, scheduling them [...]
The Scheduled Departure Program
August 1st, 2008
U.S. Immigration and Customs Enforcement (ICE) put a puzzling offer on the table last week to immigrants with final orders of removal, deportation or exclusion who never actually departed the U.S. ICE refers to this group of people as “fugitive aliens”. The offer is this: Help us deport [...]
Marriage Based Green Card Interview Horror Stories: Where Do They Come From?
July 24th, 2008
Question: Which travels quicker - good news or bad news? Bad news, of course. It is exciting, interesting, sensational and sometimes, satisfying - particularly when it concerns parties other than ourselves. To confirm this notion, all one has to do is visit the grocery line and review the covers of [...]
Extending Visitor/Tourist Visa Status: It’s Gotten Complicated
July 10th, 2008
While the laws governing the extension of visitor/tourist visa status for foreign nationals visiting the U.S. have not changed, the manner in which the Department of Homeland Security’s Citizenship and Immigration Service (CIS) is applying the law certainly has. This change in approach is definitely reason for prospective applicants to [...]
New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement
June 19th, 2008
Section 287(g) of the Immigration and Nationality Act allows State Law Enforcement agencies (such as a county sheriff’s office or a state highway patrol) to enter into an agreement with the U.S. attorney general which enables them to “perform a function of an immigration officer in relation to the investigation, [...]
Two-year Employment Authorization Documents to Be Issued to Certain Adjustment of Status Applicants
June 19th, 2008
Particular classes of immigrants are eligible to apply for employment authorization, including certain asylum applicants, persons in student status who will work in their field of training, and persons who have applied (with Form I-485) to adjust their status to that of a permanent resident.
Beginning at the end of this [...]
CIS to “Move Up” Adjustment of Status (I-485) and Naturalization (N400) Applications for Immigrants Who Stand to Lose SSI Benefits
June 7th, 2008
Each year, thousands of disabled and elderly immigrants (permanent residents), refugees and asylees lose their right to federal Supplemental Security Income benefits (SSI), due to a regulation restricting collection of these benefits to a seven-year timeframe. Without U.S. citizenship or status as a legal permanent resident (in cases where the [...]
Beware of the False Claim to U.S. Citizenship Trap
May 10th, 2008
Whether you are in the United States with no status (undocumented or visa overstay), temporary status or even permanent resident status it is important to take note of the “false claim to U.S. citizenship ” trap, a dangerous trap that is presenting itself to unsuspecting foreign nationals and immigration applicants [...]
CIS Issues New Rule Regarding OPT Program
April 14th, 2008
The OPT (Optional Practical Training) program allows nonimmigrants who are in the United States - usually following the completion of their F-1 program - to temporarily, and with authorization, work in their field of training for one year.
The Department of Homeland Security has made two changes to the OPT program, [...]
The H-1B Race is On Again
March 28th, 2008
Unless you are a governmental organization or a not for profit organization associated with an institution of higher learning (or the like), the odds of your business or organization successfully facilitating the issuance of an H-1B work visa on behalf of a prospective foreign national employee is about 1 in [...]
Proof of Immigration Status Cannot be Required When Applying for A Marriage License
March 13th, 2008
Although it does not appear to be a problem anywhere in the State of Illinois, marriage license applicants in Luzerne County, Pennsylvania have run up against a local requirement that they submit proof of their immigration status in order to be issued a marriage license. Pursuant to a recent federal [...]
Homeland Security Addresses Name Check Delays
February 28th, 2008
In what appears to be a significant victory for customers of the Citizenship and Immigration Service (CIS), the U.S. Department of Homeland Security has announced its plan to eliminate systemic delays currently plaguing decision-making for many immigration applications, most notably I-485 applications for adjustment of status to permanent residence.
Large numbers [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
February 15th, 2008
Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support and most of the time, satisfy certain income requirements (exceptions exist for those proving their financial health [...]
USCIS Director Testifies Before Congress: “Naturalization Delays: Causes, Consequences and Solutions”
February 2nd, 2008
As many in the U.S. immigrant community are aware, on July 30, 2007 U.S. Citizenship and Immigration Services (USCIS) dramatically increased filing fees for nearly all of its immigration-related applications. This fee increase was deemed necessary as a means to fund efforts reduce delays in the processing of the numerous [...]
Can the Green Card Renewal Process Lead to Removal Proceedings?
January 15th, 2008
This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to renew expiring permanent resident cards (aka “green cards”). The simple answers – for those without criminal issues: No. For those with criminal issues: [...]
Renewing Green Cards With No Expiration Date
December 5th, 2007
On August 22, 2007, the U.S. Citizenship and Immigration Services (CIS) issued a proposed regulation that would require approximately 750,000 lawful permanent residents (LPRs) with permanent resident cards (aka “green cards” or Form I-551) that do not have an expiration date on them, to replace them for modern cards with [...]
Applying for a Social Security Number
November 18th, 2007
One of the requirements for legal employment in the United States is a valid Social Security Number (SSN) issued by the Social Security Administration (SSA). For most people born in the U.S., their parents take care of obtaining this number when providing information for the birth certificate. For those non-U.S. [...]
Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform?
November 7th, 2007
Oklahoma Governor Brad Henry signed a bill in May that invokes tough measures enabling the state of Oklahoma to combat illegal immigration. The law, which is entitled the “Oklahoma Taxpayer and Citizen Protection Act of 2007″ takes effect November 1, 2007. The Act states that “illegal immigration is causing economic [...]
DREAM Act Proposal Shot Down Again
October 31st, 2007
The most current version of the DREAM Act (which has been an evolving congressional concept since 2001) fell eight votes short of passing a Senate test vote on October 24, meaning that the bill will not be debated or amended.
The demised bill, sponsored by Democrat Senator Durbin of Illinois and [...]
Injunction Continues in SSA “No Match Letter” Litigation
October 15th, 2007
On October 10, 2007, U.S District Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has granted a motion for a preliminary injunction, thereby continuing the restraining order against the Department of Homeland Security (”DHS”) from sending out approximately 140,000 no-match letters to employers [...]
DHS vs. State of Illinois
October 11th, 2007
It’s the Department of Homeland Security (”DHS”) versus the State of Illinois in a lawsuit filed by the DHS over a recently enacted Illinois amendment to the Right to Privacy at Work Act.
At the heart of both the lawsuit and the Illinois law, is the voluntary federal program called E-Verify. [...]
New Federal Court Decision Addresses Delays in Processing Citizenship Applications
September 27th, 2007
As many applicants for US citizenship are aware, the delay in the processing of their applications can be infuriating. Many applicants find themselves waiting months, and even years to be scheduled for a naturalization oath ceremony after appearing at their local Citizenship and Immigration Services office for interview and successfully [...]
Lawsuit Blocks Enforcement of Workplace Rules
September 12th, 2007
As the confusion continues to circle around the future of immigration laws in the United States, a new element has been added to the already complex issue. On August 10, 2007, the Department of Homeland Security (”DHS”), under the Bush Administration, announced a rule stating that upon receiving a letter [...]
New Immigration Filing Fees, Fee Waivers
August 10th, 2007
As you may be aware, U.S. Citizenship and Immigration Services (USCIS) issued a new fee schedule which went into effect July 30, 2007. The fee increases are significant, to say the least, with some application costs increasing by 300 percent. There is no doubt that this change will cause hardship [...]
The 35-Day Rollercoaster Ride
July 20th, 2007
June 13th, July 2nd and July 17th of 2007 are three dates that will forever remain infamous among immigration lawyers and the clients and communities they serve. In the span of 35 days, the U.S. Department of State and Citizenship & Immigration Services (CIS) took everyone on an emotional rollercoaster [...]
Chaos for Employment-Based Green Card Applicants
July 5th, 2007
My fellow immigration lawyers and I find ourselves reeling after two notices issued by the State Department in the past three weeks.
First, on June 13, 2007, the State Department issued its July, 2007 visa bulletin. As many of you know, this bulletin comes out each month and announces visa availability [...]
Comprehensive Immigration Reform: If? When? What?
June 13th, 2007
In just a few hours, I will be flying to Orlando, Florida for the annual conference of the American Immigration Lawyers Association. Even after practicing exclusively U.S. immigration law for almost two decades, I am confident I will learn something new and, in one way or another, improve my lawyering [...]
The Latest Comprehensive Immigration Law Proposal
May 17th, 2007
Senate leaders from both parties have revived their discussion of immigration reform, this time around seeking a true compromise. A new bill is under construction, which the full Senate plans to begin debating and revising next week.
The senators have created a 380 page document which includes seven titles. This bill [...]
The Immigration Components of the Adam Walsh Act
May 2nd, 2007
In recent years, outrage over crimes against children has led many states to enforce a variety of laws aimed at protecting children from child predators. One such law, the Adam Walsh Child Protection and Safety Act (”Adam Walsh Act”) was signed into effect in the past year and several of [...]
H-1B Visa Cap Reached Within Hours
April 12th, 2007
The general allotment of 65,000 H-1B work visas for fiscal year 2008, which runs from October 1, 2007 through September 20, 2008, was exhausted on the first day that applications were accepted by Citizenship and Immigration Services (CIS). With employers allowed to submit their filings up to 6 months in [...]
The New Bi-Partisan Immigration Proposal: The Strive Act
March 29th, 2007
Our President, along with many U.S. politicians – including a few of our presidential candidates, think we should enact comprehensive immigration reform and find a way to legalize the undocumented population of the U.S. Other presidential candidates and politicians are vehemently opposed to any measure that would reward our undocumented [...]
CGFNS Halts Visa Screen Issuance To Certain Filipino RN’s
February 22nd, 2007
For final U.S. immigrant visa processing to be completed, most foreign Registered Nurses are required to present evidence of special certification confirming the bona fides of their educational and professional credentials along with their competence in the English language. The “VisaScreen” certificate is issued by the Commission on Graduates of [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
February 15th, 2007
Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support and most of the time, satisfy certain income requirements (exceptions exist for those proving their financial health [...]
U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation
January 25th, 2007
While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is exactly what the Court did on December 5, 2006 when it issued its decision in Lopez v. Gonzalez , 549 U.S. __, 2006 [...]
Can PERM Applications Lead to a Green Card in Less Than a Year?
January 11th, 2007
Unless the worker has a Master’s Degree or equivalent AND generally, is in lawful immigration status (if in U.S.), the answer is NO. The discussion below is mainly a response to the common misconception that quick PERM processing necessarily means quick permanent residence/green card processing.
Firstly, what is PERM? PERM stands [...]
The Line Forms, Once Again, for R.N.’s and P.T.’s Seeking Green Cards
December 20th, 2006
Registered nurses (R.N.) and physical therapists (P.T.) seeking permanent residence in the U.S. have once again tapped out the supply of available visas, and a new line has formed, not unlike the lines for family preference, immigrant visas. The good news is that at, unlike the complete visa unavailability for [...]
Feds Testing New Naturalization Exam in Designated Cities
November 29th, 2006
1. Name one important idea found in the Declaration of Independence.
A. People are born with natural rights.
A. The power of government comes from the people.
A. The people can change their government if it hurts their natural rights.
A. All people are created equal.
2. What is the supreme [...]
False Claims to U.S. Citizenship
November 10th, 2006
Lying about one’s immigration status can have serious consequences, especially when it involves a false claim to U.S. citizenship. A false claim to U.S. citizenship can mean an applicant will forever be barred from obtaining U.S. permanent residence, or for those already lawful permanent residents (”green card” holder), being denied [...]
Tips For Immigration Law Consumers
October 24th, 2006
Stay away from scam artists. If it smells like a scam, it probably is. Immigration scams stink, and one of the more common scams these days involves the visa lottery. In no way is payment of a fee to a professional or one posing as a professional going to increase [...]
CIS Chicago: Adjustment of Status Interviews Scheduled Within 120 Days
October 10th, 2006
Applicants for permanent residence who are already in the U.S. in some sort of temporary, nonimmigrant visa status can expect their adjustment of status interview to be scheduled by U.S. Citizenship and Immigration Service’s Chicago office within 120 days of filing their application. And following the interview, the applicant, if [...]
The New Visa Lottery (DV-2008)
October 1st, 2006
Like in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from the program are natives of Brazil (new to the list), Canada, China (mainland born), Colombia, [...]
Expedited, Premium Processing Further Expanded
September 15th, 2006
In the past few months, the U.S. Citizenship and Immigration Service (CIS) has extended “premium,” expedited processing to a variety of new immigration filings, including the I-140, Immigrant Worker Petition for 2 categories of “EB-3″ workers, skilled workers and professionals. Employers seeking to facilitate permanent residence/immigrant visa processing for its [...]
Expedited, Premium Processing Finally Available for Immigrant Worker Petitions, including Registered Nurse Filings
August 31st, 2006
A couple months back, the U.S. Citizenship and Immigration Service (CIS) announced a plan to extend “premium,” expedited processing to a variety of new immigration filings, including the I-140, Immigrant Worker Petition. As of August 28, 2006, the plan has been put into action for 2 categories of I-140 petitions, [...]
Justice Department Initiative to Improve Immigration Courts and BIA
August 16th, 2006
After ordering the review of almost 20 immigration courts and conducting extensive field research and interviews, Attorney General Alberto R. Gonzales announced that the Department of Justice will be implementing several new measures aimed at improving the quality and functioning of our nation’s immigration court system (where deportation/removal proceedings are [...]
CIS Chicago’s New Facility
July 10th, 2006
In the coming month, the U.S. Citizenship and Immigration Service’s Chicago office will be moving to a new facility downtown at 101 W. Congress, Chicago – the southwest corner of Clark and Congress. Practically all immigration-related Department of Homeland Security functions will be consolidated at this office, with agency activity [...]
President Shows An Iron Fist With His Right Hand While His Left Hand Pushes a Relatively Forgiving Legislative Agenda
June 22nd, 2006
As he champions a legislative agenda that will allow millions of illegal aliens a path toward legalization, President Bush has, at the same time, gotten tough on immigration violators, particularly employers. Practically speaking, one might be confused by these seemingly contradictory policies. Politically speaking, however, the logic of the President’s [...]
Premium Processing to be Extended to Certain I-140, I-539 and I-765 Filings
June 15th, 2006
For the past few years, companies seeking to employ foreign workers in a variety of temporary work visa categories (including H-1B, L-1 and R-1) have had the option to pay an extra $1,000 filing fee in order to have their visa petition processed in 15 days or less. This process, [...]
1,100 Approved Fiance Petitions are Recalled
June 8th, 2006
Speaking of criminal background checks, as of March 5, 2006, US CIS was mandated by federal statute to conduct background checks on all U.S. citizens seeking to petition their foreign fiancés. The federal statute, known as the International Marriage Broker Regulation Act, was enacted in order to protect foreign fiances [...]
The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members
June 1st, 2006
The U.S. Citizenship and Immigration Service (”CIS”) recently issued a policy memorandum setting forth circumstances under which the criminal history of a U.S. citizen filing a visa petition on behalf of a foreign family member will be disclosed to the foreign family member.
Although federal privacy laws generally prohibit the dissemination [...]
Immigration Security Checks
May 11th, 2006
“Everything looks o.k. with your case, but we are awaiting final FBI clearance on your name check before we can approve you.” This may sound familiar to many of you who have recently appeared for an interview at a U.S. Citizenship and Immigration Service (CIS) office on an application for [...]
CIS Continues to Shift Processing Sites
April 27th, 2006
In the past year, U.S. Citizenship and Immigration Services has continued its initiative toward establishing centralized processing for various types of immigration applications and petitions. For all family based applicants seeking to adjust status in the U.S., filings are being accepted at a centralized PO Box in Chicago, and the [...]
The Protests, The Debates
March 30th, 2006
Immigration talk is everywhere these days. Local news, national news, Yahoo.com, and perhaps even at dinner tables across America. And what about those big protests in Chicago, Detroit, L.A. and in other cities across the country? What is at stake? What is likely to happen?
Truly, I cannot with any certainty [...]
Work Eligibility Without a Social Security Number
March 10th, 2006
What happens when a foreign national is in possession of a recently issued alien registration card/I-551 passport stamp (”green card”), employment authorization document OR work visa, wants to work, but has yet to be issued a social security number?
Unfortunately this question arises all too often these days as the Social [...]
Automatic U.S. Citizenship
March 10th, 2006
How does a foreign born individual residing in the U.S. become a U.S. citizen without ever submitting Form N-400, Application for Naturalization? Simple - by way of their parent or parents being sworn in as U.S. citizens.
In the vast majority of cases, an applicant for naturalization must be 18 years [...]
New Poverty Guidelines In Effect for 2006
March 1st, 2006
Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support and most of the time, satisfy certain income requirements (exceptions exist for those proving their financial health [...]
Waiver of Adjustment of Status Interview Becoming More Common
February 15th, 2006
With the exception of marriage based filings, as of late the Citizenship and Immigration Service is more frequently approving, without interview, more categories of adjustment of status filings (for those undergoing permanent residence processing in the U.S.). The CIS policy of waiving the interview for “clean” cases was first implemented [...]
Isolated Instances of Drug Use May Lead to Denial of Immigrant Visa
February 1st, 2006
Section 221(d) of the Immigration and Nationality Act requires immigrant visa applicants to undergo a physical and mental examination so as to determine whether the applicant has a medical condition that would make him/her ineligible for admission into the US. HIV, tuberculosis, and other contagious diseases are tested for, and [...]
U.S. Attorney General Weighs In On The Conduct of Immigration Judges and the Appeals System
January 16th, 2006
In recent days, U.S. Attorney General Alberto J. Gonzales, the highest ranking official in the U.S. Department of Justice, issued a memorandum to U.S. Immigration Judges (also part of the Department of Justice) expressing “concern” about the way immigrants are being treated in courtrooms where removal (formerly, deportation) proceedings are [...]
CIS Eases Affidavit of Support Requirements for Adjustment of Status Applicants
December 22nd, 2005
For applicants undergoing permanent residence processing within the U.S. (aka adjustment of status), the Affidavit of Support component just got easier.
With the exception of employment based filings, all adjustment of status applicants are required to submit an I-864, Affidavit of Support executed by the their petitioning family member. If the [...]
More Legalization Talk
December 1st, 2005
As demonstrated by a speech delivered this week, President Bush seems intent on passing some sort of immigration reform legislation before leaving office. His agenda incorporates the dual goals of 1) strengthening our borders and bringing back integrity to our immigration laws and 2) allowing willing and able foreign workers [...]
U.S. Department of State: New Guidance for Student Visa Issuance
November 15th, 2005
Although the regulations governing the decision-making process for the issuance of student visas for foreign nationals abroad have not changed, a recent U.S. Department of State’s directive reminds U.S. consular officers of present day realities that need to be taken into account when deciding student visa applications.
First, the essential unchanged [...]
What’s With All Those Biometrics Notices
November 1st, 2005
Applicants for permanent residence in the U.S. (adjustment of status) are receiving multiple notices to appear for biometric fingerprinting after submitting their applications. With new biometric technology being employed for the production of Alien Registration Cards (”green card”) and Employment Authorization Documents (”EAD”), applicants may find themselves being directed to [...]
Yet Another Policy Revision for Registered Nurse and Physical Therapist Immigrant Petitions
October 15th, 2005
Healthcare facilities seeking to commence immigrant visa processing on behalf of foreign registered nurses and physical therapists have lately faced numerous, often confusing, rule changes significantly impacting an already complicated procedure. The most recent change has to do with the exact language to be contained on the notices the facility [...]
THE NEW VISA LOTTERY (DV-2007)
October 1st, 2005
Like in years past, many foreign nationals do not get to participate in this year’s visa lottery where millions from all over world submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from the program are natives [...]
Immigrant Visa Backlogs Impact Employment Based Filings
September 15th, 2005
Applicants for U.S. permanent residence based on a job offer have been seeing a new set of conditions in the past year or so. For applicants falling into the employment based 3rd Preference and Unskilled Worker categories, the demand for immigrant visas has been exceeding the annual supply, thereby creating [...]
New Documentation Requirements for R. N. and P.T. Immigrant Petitions
August 31st, 2005
Healthcare facilities and foreign nurses and physical therapists, take note: extensive changes in documentation requirements for immigrant visa petitions have been implemented in the past few months. The new requirements apply to I-140 petitions filed by facilities on behalf of registered nurses and physical therapists, both in the U.S. and [...]
H-1B Visa Cap Is Reached
August 25th, 2005
The general allotment of 65,000 H-1B visas for fiscal year 2006 has indeed been exhausted, and the fiscal year has not even yet begun. The allotment of 20, 000 H-1B visas for graduates of U.S. advanced degree programs has not been exhausted and visas for this category of [...]
H-1B Work Visa Numbers Starting To Dwindle for Fiscal Year 2006
August 1st, 2005
Although fiscal year 2006, which starts on October 1, 2005 and runs through September 20, 2006, has yet to arrive, the H-1B visa supply for this period is starting to dwindle.
As of August 1, 2005, out of the allotment of 65,000 for the coming fiscal year (FY 05’s allotment is [...]
PERM is Starting to Work
July 21st, 2005
The new, expedited online labor certification procedure known as Program Electronic Review Management (”PERM”) has been implemented, and immigration law practitioners across the US are starting to see results.
As background, labor certification is the first step in most job based permanent resident (green card) filings, with employers being required to [...]
Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents
July 14th, 2005
In the past month, a legislative proposal was introduced in both the U.S. House of Representatives and Senate which would essentially allow gay “permanent partners” of U.S. citizens or permanent residents to receive the same immigration benefits as spouses of U.S. citizens or permanent residents.
Additionally, under the legislative proposal, “permanent [...]
Amnesty, 245(i) - Will Either Ever Happen Again?
July 1st, 2005
In the past 20 years or so, the terms “amnesty” and “245(i)” have been music to the ears of our country’s undocumented population, with the former generally referring to President Reagan’s all-encompassing initiative of the mid-80’s and the latter to President Clinton’s more limited program of the mid 90’s and [...]
Immigrant Visas Become Available for Registered Nurses and Physical Therapists
June 22nd, 2005
Pursuant to recently passed legislation, the U.S. Department of State has announced that effective July 1, 2005, US immigrant visas will become available for Registered Nurses and Physical Therapists from all nations, including the Philippines, China and India.
The new visa availability has come about as a result of congressional action [...]
New Green Card Renewal Program Implemented; AND Must Applicants For U.S. Citizenship Also File I-90?
June 8th, 2005
In the past week, the U.S. Citizenship and Immigration Services (CIS) has unveiled a new procedure by which lawful permanent residents of the U.S. are to renew their Alien Registration Cards, also know as “green cards”. According to this new CIS initiative, immigrants across the US who are applying for [...]
Proposed Legislation to Address Immigrant Visa & Availability Issues for R.N.’s and P.T.’s
May 12th, 2005
As previously discussed in this column, the overwhelming demand for immigrant visas in the Employment Based, Third Preference category has led to the implementation of visa cut-off dates for certain professional and skilled workers from the Philippines, China and India. That means that workers from these countries are facing delays [...]
20,000 Additional H-1B Visas Become Available for Fiscal Year ‘05
May 5th, 2005
As promised, the US Citizenship and Immigration Service has finally set forth a procedure by which US employers and foreign national workers can access the additional 20,000 H-1B visas Congress recently made available for the remainder of fiscal year 2005, running through September 30, 2005. However, the additional 20,000 visas [...]
Current Availability of H-1B Work Visas
April 22nd, 2005
No doubt about it, the annual allotment of 65,000 H-1B visas for foreign professional workers dries up pretty quick. Within just a few months after the Citizenship and Immigration Service’s fiscal year begins, US businesses are now left without options to employ foreign professional workers because the meager supply of [...]
How Long Can I Remain Outside the US on My Green Card?
April 7th, 2005
Individuals granted lawful permanent residence status in the U.S. and issued an Alien Registration Card (aka “green card”) are expected by the U.S. government to be living in the U.S. That being said, U.S. residents are allowed great flexibility in departing the U.S. for extended periods, and sometimes for as [...]
Timing of U.S. Citizenship Applications, Including New Policy
March 15th, 2005
In most cases, prospective applicants for U.S. citizenship must live in the U.S. for 5 years as lawful permanent residents before they become eligible to submit their N-400 applications. For applicants who are married to U.S. citizens, eligibility commences after they have accumulated 3 years of lawful permanent residence, as [...]
Comprehensive Immigration Reform Package Once Again Reintroduced In Congress
February 25th, 2005
Earlier this month a bipartisan group of 32 senators have sponsored and reintroduced immigration reform legislation in the U.S. Senate known as “The Agricultural Jobs, Opportunity, Benefits and Security (AgJobs) Act of 2005.” A bi-partisan group of U.S. representatives have also taken measures to have a companion piece of legislation [...]
Extension of V Status Now Possible for Those Turning 21
February 11th, 2005
In 2001, the U.S. Congress made available V visas for spouses and under 21 year old children of U.S. lawful permanent residents provided: a) the permanent resident family member filed a Form I-130 on their behalf prior to December 21, 2000 and b) their petitions had been pending more than [...]
CIS Provides Guidance on H-1B Temporary Visas for Registered Nurses
January 13th, 2005
The H-1B temporary work visa, when available, can be approved by U.S. immigration officials in a matter of days, and at a U.S. consular post abroad in a matter of a week or two, depending on the visa application volume handled by the post in question. So, why don’t more [...]
More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals
December 22nd, 2004
If you are a “professional” or “skilled worker” from the Philippines, China or India and are just starting the U.S. immigrant visa petition process or your immigrant visa filing is now pending, chances are you will be impacted by recent U.S. State Department news of limited availability of visas in [...]
Law Enforcement Association Opposes CLEAR Act Proposal
December 2nd, 2004
CLEAR, or Clear Law Enforcement for Criminal Alien Removal, is a federal legislative proposal currently under consideration in Washington, which includes provisions that would impose mandatory financial penalties on local governments that do not actively enforce federal immigration laws. The International Association of Chiefs of Police (IACP) has recently announced [...]
U.S. Supreme Court Rules on DUI / Deportation Issue
November 12th, 2004
Firstly, contrary to the impression the general public might have been given based on recent media coverage of a recent Supreme Court decision, a conviction for driving under the influence of alcohol has not, to this point, been automatically leading to the deportation of non-U.S. citizens. However, pursuant to an [...]
Changing to Student Status while in the U.S. - Do’s and Don’ts
October 15th, 2004
To be issued an F-1 student visa at a US consular post outside the US, an applicant must prove, among other things, that a) she has been admitted to an accredited educational program (by presenting a Form I-20 issued by the institution), 2) that funds are available to pay for [...]
H-1B Visas Already Running Out for 2005 & More on INFOPASS
September 30th, 2004
H-1B Visas Already Running Out for 2005
H-1B work visas, the work visa used mainly by foreign national university graduates to fill professional positions in the U.S., are starting to run out. For fiscal year 2005, commencing October 1, 2004 and running through September 30, 2005, 65,000 H-1B visas are available [...]
CIS Service Centers Implement Good Idea
September 9th, 2004
Over the past year or so, processing times for family based, I-130 immigrant petitions have skyrocketed. Of particular significance are the extended processing times for visa petitions in the “Immediate Relative” or “IR” category, where visas are immediately available and the main obstacle to visa processing are stateside CIS service [...]
INFOPASS Set To Debut At CIS Chicago
August 19th, 2004
Starting September 1, 2004, CIS will no longer be accepting the 3/4 frontal photos in support of various applications – the type of photo specification that had been in effect for many years. Instead, the standard passport type photo with full frontal view will now be required. Between August 1, [...]
Travel Outside the US while Permanent Residence Processing is Pending
July 15th, 2004
With the worst delays in recent history affecting the processing of all types of immigration filings, applicants are often left wondering what they are paying for when submitting their money orders or checks for substantial amounts, payable to “U.S. Citizenship and Immigration Services.” Unfortunately, extensive delays are fast becoming the [...]
New CIS Initiatives to Reduce Backlogs; Just PR, or the Real Thing?
June 25th, 2004
A recent CIS (formerly INS) press release lays out a “Backlog Elimination Strategy” designed to cut down the waiting time on all applications, including the 2+ years processing times now affecting most applications for permanent residence. The press release is sprinkled with all kinds of slick, corporate feel-good language in [...]
Immigration Processing Delays and Possible Solutions
June 10th, 2004
Whether you are a U.S. citizen filing immigration paperwork on behalf of an overseas spouse or parent, or you are an applicant for permanent residence awaiting processing in the U.S., no doubt, you have become familiar with the extensive processing delays plaguing many aspects of the U.S. Citizenship and Immigration [...]
US CIS Announces Filing Fee “Adjustment” & Is U.S. Immigration Harmful to the Environment
April 30th, 2004
US CIS Announces Filing Fee “Adjustment”
According to a US CIS (formerly INS) press release issued earlier this month, new, “adjusted” immigration filing fees will go into effect as of Friday, April 30, 2004. What does this mean for you? The filing fee you pay for each document submitted to the [...]
Is Immigration the Answer to America’s Health Care Worker Shortage?
April 2nd, 2004
A report recently issued by the American Immigration Law Foundation (AILF) brings to light an issue of great urgency and importance to our society. The report, entitled, Health Worker Shortages & the Potential of Immigration Policy, was published in February of this year, and addresses the current shortcomings in U.S. [...]
Impact of H-1B Visa Cap Being Reached; New I-864 Income Guidelines for 2004
March 11th, 2004
Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support and most of the time, satisfy certain income requirements (exceptions exist for those proving their financial health [...]
H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence
February 27th, 2004
For those seeking to become permanent residents of the U.S., there is a long list of legal grounds that may serve to get in the way of their efforts. One such ground may be the applicant’s criminal history, although not all types of criminal behavior will serve as the basis [...]
INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment”
February 13th, 2004
As of this writing, there is no news to report regarding significant developments in Congress’ discussion on the enactment of any major immigration legislation.
PUBLISHED February 13, 2004 - “IMMIGRATION LAW FORUM”
Copyright © 2004-2008, By Law Offices of Richard Hanus, Chicago, Illinois
The Latest on Immigration Reform Proposals
January 23rd, 2004
No doubt about it, there is lots of talk going around. What about Bush’s amnesty? Who qualifies? How, when and where can I apply? etc.
As of this writing, no new amnesty type immigration legislation has been enacted, although loads of proposals are on the table. That means, as of today, [...]
In General: Removing the Condition for Conditional Permanent Residents
January 2nd, 2004
Typically, foreign nationals obtaining immigration benefits by way of a marriage to a U.S. citizen are only initially granted resident status on a 2 year “conditional” basis. That is because at the time they are granted their immigrant visa at a consulate abroad, or “adjusting” their status in the U.S., [...]
Important Policy Change for Healthcare Professionals in the U.S. Seeking Green Cards
November 28th, 2003
In the past week, the U.S. Citizenship and Immigration Service’s headquarters in Washington, declared an important reversal of policy, lifting a significant burden off the backs of foreign healthcare workers seeking to become U.S. lawful permanent residents.
The policy change: foreign healthcare workers residing in the U.S. seeking to apply for [...]
US VISIT, DREAM Act, and Special Immigrant Religious Workers
October 31st, 2003
Below is a discussion of the status of some of the more significant immigration-related policies and legislative proposals.
US VISIT
The United States Visitor and Immigrant Status Indicator Technology, or US VISIT, is a $350 million plus legislative mandate set to be put in motion at all land and sea ports by [...]
Student Adjustment and Farm Worker Legislation at the Forefront of Congressional Debate
October 17th, 2003
As previously discussed in this column, various pieces of immigration related legislation dealing with farm workers and undocumented status high school graduates have been introduced in Congress in the past year. Very recently, bi-partisan, compromise versions of these legislative proposals have worked their way toward the top of Congress’ agenda [...]
A Real Life Tragedy
September 26th, 2003
Believe it or not, some of my most satisfying moments as an immigration attorney are when a client walks out of my office after I inform them that viable options to pursue their U.S. immigration goals do not now exist. A typical inquiry of this nature involves an undocumented alien [...]
Immigration Service’s Gradual Assignment of Duties to Outside Contractor Draws Criticism
September 12th, 2003
Over the past couple years, the Immigration and Naturalization Service, now known as the Bureau of Citizenship and Immigration Services, or CIS, began to assign a number of important functions to outside contractors, such as clerical staff to handle intake and receipt processing at the 4 Regional Service Centers. (For [...]
The New Visa Lottery (DV-2005)
August 29th, 2003
Like in years past, those from Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, Russia (new to the list), South Korea, United Kingdom (except Northern Ireland) and Vietnam do NOT get to participate in this year’s visa lottery where millions from all [...]
I Just Got Married - Can I Apply for My Green Card and Undergo All Processing in the U.S.?
August 8th, 2003
This is definitely one of the more common questions presented to me as an immigration lawyer. Sometimes the client in question got married to a lawful permanent resident (”green card” holder) and sometimes to a U.S. citizen. Sometimes the client is in status, other times they have overstayed their visa. [...]
Proposed “Guest Worker” Legislation
July 25th, 2003
For the most recent processing times, visit CIS ( INS ) Processing Times.
Nebraska Service Center, Lincoln, Nebraska
Form I-129 - Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H-1B [...]
Common Questions Facing Applicants for U.S. Citizenship
July 11th, 2003
The requirements to become a U.S. citizen by way of an N-400 Application for Naturalization are generally not complicated, although situations frequently arise where significant questions regarding an applicant’s eligibility are raised.
General Requirements for Naturalization:
- The applicant must be at least 18 years of age and a lawful permanent resident for [...]
Extending Your Visitor Visa Status in the U.S.
June 20th, 2003
One of the most common requests the Bureau of Citizenship and Immigration Services or CIS (formerly INS) receives is that of the B-1/B-2 visitor visa holder seeking to extend his/her stay in the U.S. The procedure is not a complicated one in theory, however in the post September 11 environment [...]
The Office of Visa Compliance: A New Division of the Department of Homeland Security
June 6th, 2003
With the elimination of the Immigration and Naturalization Service (INS), a slew of new government agencies were created to take its place and assume its functions. The Office of Visa Compliance is set to be one of those new agencies, except that the functions it will be assuming were pretty [...]
DHS to Unveil New “VISIT System” for Travelers to the U.S.
May 2nd, 2003
By years end, look for the Department of Homeland Security to implement a new entry/exit system that will allow for better screening and tracking of foreign nationals entering the U.S. on nonimmigrant visas, such as student, visitor and work visas. The U.S. Visitor and Immigrant Status Indication Technology system, VISIT [...]
Responding to Those Thick National Visa Center Packets
April 17th, 2003
The following sequence of events may sound familiar. First, the U.S. citizen or lawful permanent resident files an I-130, Alien Relative Petition on behalf of a family member living outside the U.S., or maybe even living in the U.S. - with or without status. The Immigration and Naturalization Service (now [...]
Document Shredding: One Way to Reduce Paperwork Backlog at INS
March 28th, 2003
For the most recent processing times, visit CIS ( INS ) Processing Times.
Nebraska Service Center, Lincoln, Nebraska
Form I-129 - Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H-1B [...]
New Testing Options for RN’s Seeking CGFNS or ICHP Certification
March 13th, 2003
Without many temporary work visa options available to registered nurses, most R.N.’s seeking to enter or remain in the U.S. have had to proceed directly to the U.S. permanent residence (U.S. immigrant) option. And to commence the immigrant process, whether in the U.S. or abroad, the R.N. in most instances [...]
INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals
February 28th, 2003
INS Adjudication Delays
As previously covered in this column, INS offices around the U.S. have implemented new security check protocols in the processing of various applications for immigration benefits, particularly lawful permanent residence and U.S. citizenship. Specifically, before an applicant is granted their immigration benefit, the INS must receive the green [...]
LIFE Legalization Filing Deadline
January 31st, 2003
Firstly, before any of our readers gets too excited, LIFE Legalization is not a new program. Instead, it is a follow up piece of legislation put in place in the wake of President Reagan’s amnesty law, also known as the Immigration Reform and Control Act of 1986 (”IRCA”), and the [...]
Special Registration
January 10th, 2003
In the past couple months, the U.S. Immigration Naturalization Service, at the direction of the U.S. Department of Justice and Attorney General John Ashcroft, has implemented a program requiring MALE nationals/citizens of certain countries who are present in the U.S. to appear before an official at their local INS office [...]
Decisions Halted on Applications for U.S. Permanent Residence and Citizenship
December 13th, 2002
A new security initiative put in place by the INS in the past 2 weeks has led to a halt in the issuance of final decisions on applications for adjustment of status (permanent residence) and U.S. citizenship. This initiative impacts only applications pending in the U.S., such as at local [...]
New Homeland Security Measure to Lead to Reorganization of Immigration Agency
November 21st, 2002
The U.S. Immigration and Naturalization Service - also known as “the INS”, the federal executive agency charged with the implementation and enforcement of our country’s immigration laws, will cease to exist under a new plan that is about to be signed into law by President Bush. In the past week [...]
Family Based Immigrant Visa Availability - Rapid Progress Expected in the Coming Months
November 7th, 2002
By federal statute, roughly 500,000 family-based immigrant visas and 140,000 employment based immigrant visas become available each fiscal year, which begins on October 1 and runs through September 30. This number does not include the 55,000 immigrant visas that become available each year through the Diversity Visa Lottery Program, a [...]
The Misadventures of a Skokie “Immigration Consultant”
October 17th, 2002
As long as there are sign-makers to manufacture signs, individuals are free to purchase their services, create a sign, and call themselves whatever they like. Whether it be a witch doctor, cat psychologist or immigration consultant, the sign purchaser tries to tell the public that he or she is selling [...]
Exceptional and Extremely Unusual Hardship: BIA Reverses Immigration Judge Ruling on an Undocumented Family of 6
September 26th, 2002
When it comes to deportation proceedings, now known as removal proceedings, the options available for individuals to put up a defense have become more and more scarce over the years. One defense option that remains is one where an undocumented or illegal alien has an opportunity to demonstrate 1) 10 [...]
INS Processing Times in Chicago and Lincoln, Nebraska
September 11th, 2002
For the most recent processing times, visit CIS ( INS ) Processing Times.
Nebraska Service Center, Lincoln, Nebraska
Form I-129 - Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H-1B [...]
“Aging Out” Children to Benefit from Child Status Protection Act
August 22nd, 2002
On August 7, 2002, President Bush signed into law the Child Status Protection Act. Although many aspects of this new piece of legislation remain unclear, the general aim of this law is to protect the immigration benefits of children under petition by their U.S. immigrant or citizen parents who have [...]
Significant New Benefits For Employment-Based Green Card Applicants
August 2nd, 2002
For qualifying applicants in the U.S. seeking U.S. lawful permanent residence (”green card”) by way of a job offer, the process has just gotten quicker. Essentially, what used to be a 3 step process, has recently been reduced to a 2 step process - where at least 3 to 6 [...]
INS Chicago Implements New Advance Parole Procedures
July 18th, 2002
In the past month INS Chicago announced new procedures for the processing of requests for advance parole travel documents, with the major change being a 30 day processing time, rather [...]
Foreign Nationals Graduating High School in U.S. May Become Eligible for New Immigration Benefits
June 27th, 2002
With bi-partisan support, the U.S. Senate Judiciary Committee has given the green light to an “amnesty” type legislative proposal that could potentially benefit large numbers of foreign nationals graduating from high school in the U.S. At this point, the proposal has yet to be passed into law and the details [...]
New Security Protocols to Cause Processing Delays at INS
June 6th, 2002
Whether you are applying to extend your nonimmigrant tourist status or to become a naturalized U.S. citizen, the time U.S. Immigration & Naturalization Service will take to process your case will no doubt take longer as a result new security measures now being put into place. The Interagency Border Inspection [...]
Proposed DOL Regulations Spell Major Changes for Labor Certification Process
May 17th, 2002
Most foreign nationals seeking U.S. permanent residence, or a “green card”, typically acquire their status by way of a petition of a U.S. relative. The second most common avenue toward permanent resident status, however, is a job offer by a U.S. employer - and the rules governing the processing of [...]
New Legislation: Death of Petitioning U.S. Relative No Longer Means Death to the Immigration Process
April 26th, 2002
INS regulations state that when a petitioning U.S. relative dies, so does the alien relative petition he/she filed on behalf of their foreign spouse, child, parent or sibling. The underlying policy being, since the basis of the foreign relative’s purpose in living in the U.S. no longer exists, consequently no [...]
New INS Regulations Severely Impact Visitors to the U.S.
April 12th, 2002
In response to several recent highly publicized bureaucratic blunders, the U.S. Immigration & Naturalization Service has taken dramatic action in announcing the implementation of several new rules that will significantly impact those entering the U.S. on nonimmigrant B-1/B-2 visitor visas. Under the new rule, visitor visa holders will now have [...]
New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature
March 22nd, 2002
By now many have heard that the U.S. House of Representatives passed a new Section 245(i) provision and that all we are waiting for is the President’s signature. What most have not heard is the fact that the proposed provision will benefit a very limited class of illegal aliens. And [...]
New Provision to Benefit “Self-Petitioning” Battered Spouses
March 8th, 2002
Thanks to various pieces of legislation enacted over the past decade, immigrants in the U.S. seeking lawful permanent residence (or “green card” status) by way of their marriage to a U.S. citizen or permanent resident are far less beholden to their U.S. spouses, especially when they are the victims of [...]
More Observations on the Effects of September 11
February 22nd, 2002
It is widely believed among the general public that since September 11 things must be tougher, all around, when it comes to obtaining any immigration benefit or just dealing with the U.S. Immigration & Naturalization Service. Some believe that the immigration laws have gotten much stricter, while others assume that [...]
Major Changes Set to Be Implemented at Board of Immigration Appeals
February 7th, 2002
In an effort to reduce substantial case backlogs and overall, the processing time for many immigration related appeals, U.S. Attorney General John Ashcroft has proposed regulations that will significantly alter [...]
New Provisions Signed into Law Granting Employment Authorization to Spouses of International Executives and Entrepreneurs
January 24th, 2002
Spouses of E and L visa holders are now entitled to obtain employment authorization pursuant to a bill signed into law by President Bush on January 16, 2002. Such spouses were previously only entitled to enter the U.S. to accompany their work visa holding husband or wife but without the [...]
The Truth about Nurses and U.S. Immigration Law
December 6th, 2001
It is no wonder everyone and his brother wants to become a nurse recruiter. The demand for registered nurses in the U.S. is sky high and the supply is scarce, especially in the case of nursing homes seeking to fill positions. And as our population grows older, the demand in [...]
Immigration Law in the Wake of September 11
November 16th, 2001
If there is one word I can use to describe the mood in the immigrant communities I have contact with on a day to day basis, it would be - panic. What new immigration laws have been passed since September 11? What new enforcement measures have been implemented? Of what [...]
Expediting the Labor Certification Process
November 2nd, 2001
Without a U.S. family member to commence an immigration process, many individuals in the U.S., regardless of their status, must resort to an employment-based immigration filing as a vehicle toward achieving U.S. permanent residence, or “green card” status. And aside from nurses, physical therapists, religious workers, multinational corporate executives or [...]
V Visa Status Now Available for Applicants Already in U.S.
October 12th, 2001
As previously discussed in this column, among the provisions included in the recently enacted Legal Immigration Family Equity Act, or “LIFE Act”, are new avenues by which certain spouses and under 21 year old children of U.S. lawful permanent residents can obtain immigration benefits. For qualifying relatives outside the U.S., [...]
Terrorism, Human Nature and U.S. Immigration Law
September 26th, 2001
Earlier this month, our nation was victimized by acts that we could only imagine taking place in the movies or our worst nightmares. Cowards, in the name of their god and religion, plan an extensive operation that would take their own lives as well as those of thousands of others [...]
The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad
September 12th, 2001
The recently created V visa allows certain spouses and under 21 year old children of U.S. lawful permanent residents to obtain immigration benefits while awaiting immigrant visa availability in the family based second preference visa category. First and foremost, it allows qualifying applicants abroad to visit their nearest U.S. consular [...]
New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens
August 17th, 2001
Included in the Legal Immigration and Family Equity Act (”LIFE Act”) enacted on December 21, 2000, were provisions aimed at alleviating the hardships faced by overseas spouses and under 21 year old children separated from their U.S. citizens spouse/parent while they await the processing of their immigrant visas at a [...]
U.S. Senate Subcommittee Holds Hearing on Health Care Professional Shortage
June 15th, 2001
It is no secret that many places in the U.S. are suffering from a severe shortage of healthcare professionals, especially Registered Nurses. The exact nature of the shortage, the reasons behind it, and possible remedies were the topics discussed during a U.S. Senate Subcommittee hearing conducted on May 22, 2001. [...]
1 Year Filing Period Begins for Late Amnesty Class Members
May 31st, 2001
Starting June 1, 2001 and continuing for a one year period, those who have previously applied for membership as plaintiffs in the CSS, LULAC or Zambrano class action lawsuits, otherwise known as late amnesty class members, will finally have a chance to be considered for U.S. lawful permanent residence once [...]
Immigration Legislation Now Pending in Congress
May 16th, 2001
Firstly, as of May 16, 2001, Section 245(i) of the Immigration and Nationality Act has not been extended beyond April 30, 2001.
Among the bills now being considered by Congress, however, are at least 2 proposals for the extension of Section 245(i). A piece of legislation sponsored by U.S. Representative King [...]
April 30 Has Come and Gone, But Section 245(i) May Come Back For Another Visit
May 4th, 2001
The magical section of the Immigration and Nationality Act known as Section 245 (i) was born in 1994 and lived a brief life, expiring in January, 1998. More recently, on December 21, 2000, Section 245(i), was reborn, but only for a four-month period, through April 30, 2001. And according to [...]
Many Marriage Based Applicants Do Not Need Section 245(i)!
March 30th, 2001
Headlines like the one appearing in the Chicago Sun Times last week describing the last minute, rushed plans of Chicago area couples to marry in order to beat the April 30 INS deadline, create panic and confusion in the minds of many in the immigrant community. Of course, for many [...]
More On the “V” Visa
March 16th, 2001
As previously discussed in this column, a new visa class - the “V” visa, was created as part of the extensive immigration legislation enacted back on December 21, 2000. And according to a recent State Department memo, eligible applicants can expect to be contacted by letter in the coming month [...]
INS Processing Times in Chicago and Lincoln, Nebraska
February 22nd, 2001
For the most recent processing times, visit CIS ( INS ) Processing Times.
Nebraska Service Center, Lincoln, Nebraska
Form I-129 - Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H), [...]
Asylum Granted to Autistic Child
February 22nd, 2001
The actions of government agencies or courts of law are mostly noticed only when something goes wrong or when negative, sensational consequences follow. Whether we will realize it or not, we generally expect government officials and judges to make the right decisions with justice in mind and where everybody lives [...]
More Follow Up Discussion on the New Immigration Law - Particularly, Section 245(i).
February 8th, 2001
Follow up discussion on the finer points of the new immigration law is definitely in order. Conversations I have with new and old clients inquiring into the exact nature of the new law reveal the rampant spread of misinformation and myth in many immigrant communities. At the risk of repeating [...]
The New Immigration Law - A Discussion of the Most Common Inquiries and Concerns
January 11th, 2001
It comes as no surprise to me that the new immigration provisions recently signed into law, the Legal Immigration & Family Equity Act (”LIFE”), have generated a great deal of confusion. The population impacted most by this legislation is a desperate and anxious one, and given those conditions, the tendency [...]
A New Window Toward Permanent Residence is Opening: Reinstatement of 245(i) Included
December 21st, 2000
By the time this column goes to print, Congress will have finished up its business for the year and President Clinton will have likely signed a new budget bill which includes major immigration legislation allowing for the possibility of permanent residence for many individuals now living illegally in the U.S. [...]
The Legal Framework Imposed on Businesses Employing Foreign Nationals
November 20th, 2000
The following are excerpts of an interview (along with an introduction) I granted to a leading publication that guides businesses in day to day legal issues concerning their relationship with employees. These excerpts provide useful insights into a variety of immigration law issues from the employer’s perspective.
With employers having a [...]
New H-1B Work Visa Legislation
October 13th, 2000
For the most recent processing times, visit CIS ( INS ) Processing Times.
Nebraska Service Center, Lincoln, Nebraska
Form I-129 - Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation [...]
Removing Conditional Resident Status for Marriage Based Immigrants
September 22nd, 2000
Obtaining U.S. lawful permanent residence by way of a marriage is not a terribly complicated process, in theory. However, in many ways, the immigration process for foreign spouses can often be a confusing and anxious experience on many levels. Below I will attempt to address some of the more common [...]
U.S. Department of Labor Proposes “Reengineering” of Employment Based Immigration Process
September 1st, 2000
No question about it, the most complex avenue toward lawful permanent residence in the U.S. is by way of the “sponsorship” of a current or future employer. In most cases, individuals seeking permanent residence, or “green card”, status by way of their employment must have their employer institute the “labor [...]
INS Softens its Position on Some Criminal Aliens
July 28th, 2000
Immigration laws enacted in 1996 practically wiped out the rights of permanent resident aliens to remain in the U.S. following the INS’ initiation of deportation proceedings because of a criminal conviction, including some misdemeanors. As recently touched on in this column and other local and national media, the hardships long [...]
Chicago’s INS Office Apparently Lifts Hold on Processing of R.N. and P.T. Permanent Residence Applications
June 22nd, 2000
For more than a year, the U.S. Immigration & Naturalization Service’s Chicago District Office had been refusing to decide hundreds, if not thousands, of permanent resident applications of registered nurses (and some physical therapists) who were seemingly qualified for approval. These health care workers had apparently complied with all of [...]
Lawsuit Filed on Behalf of Healthcare Workers Awaiting Immigration Benefits
June 9th, 2000
In November of 1996 the U.S. Congress enacted into law Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act which requires all health care workers applying for lawful permanent residence in the U.S. to obtain special certification attesting to the legitimacy of their educational and licensing credentials and [...]
More Amnesty Talk in Congress
May 26th, 2000
It is just talk at this point, but that is what Congress and the Clinton Administration are doing with regard to proposals that could benefit as many as 500,000 undocumented or “illegal” aliens. The fact that the talk is continuing does not mean that a bill will in fact be [...]
Consequences of “Whistle Blowing” Can Be the Basis of a Political Asylum Claim
May 5th, 2000
The U.S. Court of Appeals for the 9th Circuit, which has jurisdiction over cases filed in California - among other west coast states, generally can be expected to issue decisions providing aliens with the most protection in the face of imminent deportation by the U.S. Immigration & Naturalization Service. Consistent [...]
INS Provides Clarification for Affidavit of Support Confusion
April 21st, 2000
It doesn’t take too long to start cringing once you have taken a look at the relatively new I-864 Affidavit of Support form now required of all family based immigrant visa applicants. As many readers have already experienced, individuals who apply for immigrant status based on a petition filed by [...]
Organized Labor Calls for Limited Amnesty - Is the Mood of our Nation Changing?
March 31st, 2000
As featured in a previous edition of the Philippine Weekly, the American Federation of Labor - Congress of Industrial Organizations (AFL-CIO) has announced its support for the enactment of amnesty legislation for certain undocumented workers in the U.S. Their proposal also calls for stiffer penalties to be imposed against employers [...]
Congress Again Considers Further Expansion of H-1B Worker Program
March 10th, 2000
As this article is being written, Congress is considering a variety of new provisions that will expand upon and revise the laws that currently govern the issuance of H-1B visas for foreign professional workers. At present, the maximum number of H-1B visas issued to foreign workers per year is 115,000. [...]
Nurses, Immigration and the Philippines
February 11th, 2000
In recent weeks, I have received an unprecedented number of inquiries relating to immigration issues affecting nurses from the Philippines. Is it really true that visas are now available for foreign nurses to work in the U.S.? How long will it take to process a visa? Does a nurse need [...]
The Tragedy of Elian
January 21st, 2000
Behind most interesting news stories there usually exists some form of human tragedy. Clearly this is the case with the story of Elian Gonzales, the young Cuban boy who floated to the shores of the United States just before Thanksgiving last year. To get to this point, Elian has survived [...]
INS Urged to Use Guidelines for Exercise of Discretion in Initiating Removal Proceedings
January 7th, 2000
By now, most of our U.S. representatives and Senators across the U.S. are well aware of the extreme hardship many U.S. families are facing due to the U.S. Immigration & Naturalization Service initiation of removal (formerly deportation) proceeding against long time unlawful permanent residents who have been convicted of “removable” [...]
INS Grants Expedited Processing for Relatives of U.S. Healthcare Workers
December 17th, 1999
No question about it, in recent years registered nurses and physical therapists applying for permanent resident status in the U.S. have gotten the short end of the stick. That is, through no fault of the applicants, processing of permanent resident filings for healthcare workers in the U.S. had been stalled [...]
The Scams Continue
October 1st, 1999
Make no mistake about it, for every vulnerable person in this world, there is always going to be a predator to take advantage of them, especially in the world of the visa overstay or undocumented alien. Who is doing the scamming? How can it be stopped? How can one avoid [...]
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