DHS / Citizenship and Immigration Services (USCIS)

14 12, 2011

To Appeal or Refile?

By |2011-12-14T11:24:53-06:00December 14th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), General, Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|Tags: , , |

Published: December 14, 2011 The Administrative Appeals Office (“AAO”) is a specially designated unit within the Department of Homeland Security/Citizenship and Immigration Service charged with reviewing appeals of various immigration related petitions and applications.  Sometimes the choice of filing an appeal vs. simply re-filing the same application or petition with new evidence depends on a variety of factors, including the time it takes the Administrative Appeals Office to review the original decision and issue their own assessment.  Since processing times at the AAO can be quite prohibitive, re-filing a new petition or application with the office that has already issued a denial, […]

7 10, 2011

The Internet and Immigration Fraud

By |2011-10-07T15:02:25-05:00October 7th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), General|

Published:  October 7, 2011 U.S. immigration law consumers, whether individuals or businesses, are a particularly vulnerable population when it comes to internet fraud.   The “individual” immigration law consumer is usually seeking to facilitate immigration status or entry into the U.S. for a spouse, future spouse, or other family member.  The “business”, or employment based immigration law consumer usually has its sights set on conferring immigration status on a valued, or to-be valued employee, or facilitate their entry into the U.S.  The immigration law consumer presents a wide spectrum of traits, ranging from eager and excited to desperate and fantasy-driven.  And when […]

15 02, 2011

The Merger of the Employer Authorization and Advance Parole Travel Document

By |2011-02-15T07:41:47-06:00February 15th, 2011|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Published:  February 15, 2011 This past week the U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) announced the merger of the Employment Authorization Document (EAD) and Advance Parole Travel Document (AP) for certain applicants for adjustment of status applicants. Previously, CIS issued separate documents authorizing employment and international travel for eligible applicants for adjustment of status, and their issuance and renewal required two separate applications. Now, however, a single document will be issued to eligible, pending adjustment of status applicants to prove their ability to work lawfully in the U.S. as well as facilitate a return trip back into the […]

9 02, 2011

CIS Addresses Processing Delays for Certain I-130 Visa Petitions

By |2011-02-09T09:30:12-06:00February 9th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|

Published: February 9, 2011 Adult U.S. citizens seeking to facilitate overseas immigrant visa processing for their spouse, under 21 year old children, or parents, have likely experienced delays in the processing of their I-130 visa petition filed with the California Service Center over the past few months.  That is because CIS California transferred the cases to the Texas Service Center thinking the staff power there would lead to quicker petition processing.  Well they were wrong and the cases apparently were not attended to, leading CIS officials to last week’s decision to have the vast majority of these petitions transferred back to […]

26 01, 2011

Options to Adjust Status in the U.S. for the Undocumented/Overstay – What’s Left?

By |2011-01-26T10:29:06-06:00January 26th, 2011|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published:  January 26, 2011 With the DREAM Act out of the picture for now, the 15 million undocumented/out of status immigrants living in the U.S. are left wondering, what options for living legally in the U.S. are left? Of course leaving the U.S. is not an option for the vast majority of these immigrants – contrary to what the anti-legalization camp see as their next logical step. These individuals have already decided that life in the U.S. in an undocumented status is better than life as a legal resident in their home country. The option most of this population will pursue […]

13 01, 2011

New CIS Guidance on Immigration Benefits for Surviving Relatives of Deceased Petitioners

By |2011-01-13T08:58:11-06:00January 13th, 2011|Categories: 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|

Published: January 13, 2011 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 latter category of petitioners, however, significant questions have now been answered. Widows and Widowers of U.S. Citizens Benefit from New Liberal Provisions […]

20 12, 2010

UPDATE ON “DREAM ACT”: The DREAM is Over…For Now

By |2010-12-20T09:14:52-06:00December 20th, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: December 20, 2010 As most people have come to learn by now, the DREAM Act – the legislative initiative to allow for the legalization of 1 million or so undocumented individuals who came to the U.S. as children – has been shot down by Congress. The very same Republican force that gave birth to this legislative proposal a few years back was pretty much responsible for its demise. And yes, 2 +2 = 5.  PUBLISHED December 20, 2010 – “IMMIGRATION LAW FORUM” Copyright © 2010, By Law Offices of Richard Hanus, Chicago, Illinois

17 11, 2010

Immigration Filing Fees to Increase on November 23, 2010

By |2010-11-17T14:00:45-06:00November 17th, 2010|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, 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|

Published:November 17, 2010 Effective November 23, 2010, filing fees for most immigration applications and petitions are set to increase, on average, some 10-15%. On the other hand, filing fees for 6 categories of applications are actually set to be reduced, including for I-129F/Petition for Fiance, I-539/Application to Extend/Change Nonimmigrant Status, N-565 Application for Replacement Naturalization/Citizenship Document and I-131 – Application for Travel Document – but only when filed for Refugee Travel Document. Also, fee waivers based on an applicant’s economic hardship will be accepted in more types of application categories. Approximately 90% of U.S. Citizenship and Immigration Services’ budget comes from […]

27 10, 2010

Updated Version of Certificate of Naturalization

By |2010-10-27T11:22:50-05:00October 27th, 2010|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS)|

Published: October 27, 2010 As of this week, the U.S. Department of Homeland Security/Citizenship and Immigration Services began issuing a new version of the Certificate of Naturalization for newly naturalized immigrants. The new document resembles the previous version, except that certain high tech security features have been added. Prospective applicants for naturalization should know that the procedures for applying for citizenship remain the same, including the requirement that 2 passport type photos still be included with each application – although the application process will now include the capture of an applicant’s digital photo at the time they appear for biometrics fingerprinting. […]

20 10, 2010

Careful, Homeland Security May Want to “Friend” You

By |2010-10-20T11:16:17-05:00October 20th, 2010|Categories: 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.|

Careful, Homeland Security May Want to “Friend” You Published: October 20, 2010 In recent years, government officials have increasingly been turning to high technology to gather information to assess marital relationships that are the basis of immigration filings, such as for green cards or expedited citizenship. From credit reports to utility bills, agents for the Department of Homeland Security, are tapping into the vast informational resources that flow freely from having an individual’s social security number in an effort to test claims that husband/wife immigration applicants are residing together and otherwise engaged in a bona fide relationship. Most recently the Department […]

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