U.S. Immigration Law and Legislation

22 02, 2010

It Seems the K-3 Visa Has Become a Dinosaur

By |2010-02-22T11:00:04-06:00February 22nd, 2010|Categories: Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

It Seems the K-3 Visa Has Become a Dinosaur Published: February 22, 2010 Frankly, I never understood the point of the K-3/K-4 visa, a temporary visa that allows overseas spouses and children of U.S. citizens to enter the U.S. while awaiting final processing of their I-130 immigrant visa petitions. Back when the K-3/K-4 visa was introduced, processing times for I-130 visa petitions for these family members was getting out of control, with delays stretching to almost a year. So, to remedy the problem, Congress invented the K-3/K-4, a new visa that would not be subject to the same delays, and would […]

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 […]

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 […]

11 06, 2009

Help for Widows and Widowers of U.S. Citizens Seeking to Remain in the U.S.

By |2009-06-11T19:01:07-05:00June 11th, 2009|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Help for Widows and Widowers of U.S. Citizens Seeking to Remain in the U.S. Published: June 11, 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 residence are left with no legal right to stay if their spouse dies before the marriage reaches its second anniversary. As one could imagine, such a rule has yielded numerous stories of family […]

13 05, 2009

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers

By |2009-05-13T16:11:25-05:00May 13th, 2009|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers Published: May 13, 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 opinions, the Supreme Court ruled that the federal identity theft provision at issue requires the offender to know that the identification document they were using actually belonged to another individual, as opposed to merely knowing the identification was […]

30 04, 2009

Department of Homeland Security Refocusing Goals in Workplace Enforcement

By |2009-04-30T10:40:38-05:00April 30th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Department of Homeland Security Refocusing Goals in Workplace Enforcement Published: April 30, 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 not only to hold employers responsible for illegal employment of undocumented workers, but also to arrest the undocumented workers employed onsite. Under the new guidelines, DHS will put a premium on the investigation and criminal prosecution of […]

10 04, 2009

Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers

By |2009-04-10T21:36:28-05:00April 10th, 2009|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers Published: April 10, 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 these workers will be unavailable. Apparently, the annual allotment for this immigrant visa category was used up earlier in the year due to CIS adjudication of large numbers of long-pending employment-based Adjustment of Status (AOS) cases […]

30 03, 2009

Will Durbin’s DREAM (Act) Ever Come True?

By |2009-03-30T07:43:45-05:00March 30th, 2009|Categories: Amnesty for Immigrants in the U.S., Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Will Durbin’s DREAM (Act) Ever Come True? Published: March 30, 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 to citizenship” for millions of undocumented foreign nationals who arrived in the U.S. as children. The bi-partisan team joining Durbin in presenting this proposal, known as the Development, Relief and Education for Alien Minors Act (DREAM), includes Senator Richard Lugar (R) of […]

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