DHS / Citizenship and Immigration Services (USCIS)

14 10, 2010

Litigation and the Undocumented

By |2010-10-14T10:45:09-05:00October 14th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for a contract breach, personal injury, or to facilitate a divorce? To the surprise of many, – almost always, YES! In general, one’s ability to protect or assert their rights in a civil dispute – for example, relating to a contract breach, personal injury or divorce case – does not depend on the individual’s immigration status. The undocumented are not prevented by […]

8 09, 2010

Information For Visitors Thinking About Extending Their Visit or Changing to Student Status

By |2010-09-08T12:38:24-05:00September 8th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), Foreign Exchange Student Visas to the U.S.|

Information For Visitors Thinking About Extending Their Visit or Changing to Student Status Published: September 8, 2010 Foreign nationals entering the U.S. on a B-1/B-2 visa are generally granted 6 months at their port-of-entry to accomplish the purpose of their trip, be it for pleasure or business. Most visitors for business or pleasure do not remain in the U.S. for the entire 6 months, since they have work and/or residences to return to overseas. For those seeking to remain in the U.S. for the entire 6 month period, or possibly extend or even convert their stay to another status, such as […]

4 08, 2010

ATTENTION: Important Filing Locations to Change

By |2010-08-04T08:06:15-05:00August 4th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification|

ATTENTION: Important Filing Locations to Change Published: August 4, 2010 CIS has announced new filing locations for a variety of petitions and applications, including: For I-129F – Petition for Alien Fiance – Now to be filed at: US CIS, P.O. Box 660151, Dallas, TX 75266 For I-140, Immigrant Petition for Alien Worker – Now to be filed at one of three locations, depending on the basis of the filing and/or proposed location of employment: a) US CIS P.O. Box 660867, Dallas, TX 75266 b) US CIS, Nebraska Service Center, P.O. Box 87140, Lincoln, NE 68501-7140 c) US CIS, Texas Service Center, […]

18 05, 2010

Green Card Is Green Again

By |2010-05-18T03:54:39-05:00May 18th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S.|

Green Card Is Green Again Published: May 18, 2010 It has been more than a few decades since the document evidencing one’s U.S. lawful permanent resident was actually green, but the label “green card” seemed to stick. Even though the Alien Registration Card, or Permanent Resident Card – as it is now known, was produced in a pinkish tone some 30 years ago, and during the last decade – in white, we never could stop calling it a green card. That is all about to change since the Department of Homeland Security and Citizenship and Immigration Services announced that all new […]

16 12, 2009

CIR ASAP

By |2009-12-16T01:02:26-06:00December 16th, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

CIR ASAP Published: December 16, 2009 For about the tenth time in the past decade, I am writing about a new legislative initiative presented to allow for the legalization of the vast majority of those present in the U.S. in violation of our immigration laws. This time, the initiative is called Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (“CIR ASAP”). The measure was introduced before the U.S. House of Representatives on December 15, 2009 by Congressman Luis Gutierrez (D-IL), a lawmaker who has shown himself to be a leader in the comprehensive immigration reform movement. Gutierrez, like […]

2 12, 2009

New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain

By |2009-12-02T12:59:47-06:00December 2nd, 2009|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain Published: December 2, 2009 On October 28, 2009, President Obama signed into law important immigration provisions to address the unjust consequences of slow Citizenship and Immigration Services processing, particularly relating to widows and widowers of U.S. citizens. The law also includes ameliorative provisions relating to other types of family relationships and petitions; the death of a petitioning US family member or principal beneficiary will no longer necessarily deal a fatal blow to a pending case. With regard to this […]

16 11, 2009

Public Benefits and Immigration

By |2009-11-16T13:05:29-06:00November 16th, 2009|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Public Benefits and Immigration Published: November 16, 2009 In the past month, U.S. Citizenship and Immigration Services released a “Fact Sheet” outlining the law as it relates to a foreign national’s receipt of certain public benefits in the U.S. and the possible adverse consequences it might pose for his/her effort to become a U.S. permanent resident. In sum, the Fact Sheet makes clear that not all benefits will present adverse consequences, and that merely receiving a “need based” benefit will not, in and of itself, be a basis to deny an applicant their resident status. A “public charge” has been defined […]

4 10, 2009

The Green Card Lottery (DV-2011)

By |2009-10-04T14:00:11-05:00October 4th, 2009|Categories: DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S., Visa Lottery and Diversity Visas to the U.S.|

The Green Card Lottery (DV-2011) Published: October 4, 2009 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 US. Excluded from eligibility are natives of Brazil (new to the list), Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru (new to the list), Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and Vietnam. That is because these are considered to be “high admission” nations, and the basis of Congress establishing the […]

31 08, 2009

CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What?

By |2009-08-31T13:42:01-05:00August 31st, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What? Published: August 31, 2009 In recent weeks, it appears Citizenship and Immigration Service Centers across the US have been making headway on their backlog of long pending visa petitions filed by US Citizens or Permanent Residents on behalf of their foreign-born family members both living in the US and abroad. Many of these US petitioners and their family are receiving official CIS “Notice(s) of Action” approving their I-130 petition(s), and of course the families are jubilant upon getting the news. But is jubilation warranted? Is a green card or immigrant […]

15 08, 2009

20,000 H-1B Work Visas Continue to Be Available

By |2009-08-15T16:27:39-05:00August 15th, 2009|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Non-Immigrant Visas for Temporary Workers / H-1B|

20,000 H-1B Work Visas Continue to Be Available Published: August 15, 2009 With the federal government’s new fiscal year starting on October 1, many in our business and foreign worker communities will be surprised to learn that 20,000 H-1B, temporary work visas continue to be available. In recent years, by the end of the first week of April (when petitions for the coming fiscal year are first accepted), enough filings were received by Citizenship and Immigration Services to exhaust the reduced supply of 65,000 visas (excluding the 20,000 available to those receiving advanced degrees in the US). Now, we are more […]

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