Immigration Law Facts and Issues

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 [...]

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, [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

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, [...]

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 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 [...]

“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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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

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 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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”

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 [...]

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. [...]

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 [...]

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 [...]

As of this writing, there is no news to report regarding significant developments in Congress’ discussion on the enactment of any major immigration legislation.

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, [...]

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., [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. [...]

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 [...]

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:

1. 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 9^th 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 [...]