DHS / Citizenship and Immigration Services (USCIS)

3 04, 2019

U.S. Senate Once Again Proposes Path to Legalization for Dreamers

By |2020-05-01T15:39:35-05:00April 3rd, 2019|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

  Published April 3, 2019 The Dream Act of 2019 was recently introduced by U.S. Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill, 2 Senate leaders who introduced the same legislation in years past.   If enacted, the Dream Act would make available a path to lawful permanent residence (green card) to certain longtime residents who arrived in the U.S. as children, completed or are completing high school diploma requirements, worked legally for at least three years or served in the military, pass a background check, and demonstrate proficiency in English and U.S. history.  Applicants will be required to pay a filing fee and […]

24 03, 2019

The Top 6 Reasons to Hire An Immigration Lawyer

By |2020-05-01T15:42:07-05:00March 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, 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, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

  Published March 24, 2019 Whether the goal is U.S. citizenship via naturalization, lawful permanent residence (green card) or the issuance of a temporary visa – such as a work visa, having an immigration lawyer be a part of the legal process can sometimes be extraordinarily helpful and in other times, absolutely essential.  The job of the immigration lawyer can best be summed up as follows:  A) to keep simple, straightforward cases…..simple and straightforward, B) to devise and implement a thoughtful strategy for cases involving more complex factual or legal issues and C) to provide a client with the type of […]

7 03, 2019

Scam Alert: DHS Telephone Numbers Used to Extort Money and Obtain Personally Identifiable Information from Unsuspecting Victims

By |2019-03-07T10:58:37-06:00March 7th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published March 7, 2019 SIn the past week, the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a warning to the public with regard to the use of DHS telephone numbers to reach out and scam an unsuspecting public across the U.S.   The scam, known as “spoofing”, involves a deliberate falsification of information transmitted to a caller ID display to mask the callers true identity. The scammers present themselves as calling on behalf of “U.S. Immigration” or other U.S. government agencies. The scam is carried off with the manipulation of caller ID systems such that the telephone number […]

20 02, 2019

Fiscal Year 2020 – H-1B Work Visa Filings to Go Forward Per Usual and Without New Registration Process

By |2020-05-01T15:45:43-05:00February 20th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

  Published February 20, 2019 April 1 of each calendar year marks the first day anxious employers are eligible to submit H-1B work visa petitions so as to have a chance to employ a qualified foreign worker for the start of the coming, new fiscal year – which starts on October 1.   Some of the workers are already in the U.S., including the many who have just completed their degrees and are already working pursuant to a time limited, general Employment Authorization Document, while others are abroad waiting for a chance to enter and work in the U.S.   The annual available […]

24 01, 2019

Applying for Naturalization – 2 Big Decisionmaking Trends

By |2020-05-01T15:49:16-05:00January 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

  Published January 24, 2019 Applying for U.S. citizenship after accumulating the requisite number of years of permanent residence should not be an automatic decision.   In recent years, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) seems to be taking a more aggressive approach in deciding applications for naturalization, with increased scrutiny applied to an applicant’s history both before AND after obtaining permanent residence.   That is, to a certain degree immigration officers are looking back at how the applicant obtained their green card status in the first place and engaging in a reassessment of whether that decision was indeed proper. […]

10 01, 2019

How Are Immigration Related Services and Offices Impacted By the Government Shutdown?

By |2020-05-01T15:51:06-05:00January 10th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, 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), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, 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, Uncategorized, United States Embassies Abroad|

  Published January 10, 2019 As our nation is headed toward the longest government shutdown in our history, many of the players impacted, including companies petitioning foreign workers as well as individuals in all our immigrant communities, are asking questions about how the shutdown impacts immigration system related processing.  Can I obtain a U.S. passport?    Is my Green Card application interview in the U.S. still going to be conducted?  Can I still apply for a visa at a U.S. consular post abroad?  These and other questions are answered below – and with the answer usually dependent on whether the applicant is […]

13 12, 2018

New Registration and Lottery Process Proposed for the Upcoming H-1B Filing Season

By |2020-05-01T15:52:59-05:00December 13th, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published December 13, 2018   Each year, 85,000 new H-1B visas are released for foreign workers and their prospective U.S. employers, including 20,000 visas especially reserved for graduates of advanced degree programs in the U.S. (masters or higher, a.k.a. Masters Cap).   In recent years, during the first week of filing eligibility,  DHS/CIS receives roughly 2 ½ to 3 times the number of petitions as there are available visas.   Toward advancing the goal of giving preference for foreign workers who graduated with an advanced degree from a U.S. educational institution, DHS/CIS is now proposing implementation of a process involving 2 major changes.  […]

13 12, 2018

New Guidance Regarding Necessity of I-751 Interviews

By |2020-05-01T15:55:35-05:00December 13th, 2018|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.|

Published December 13, 2018   Foreign nationals married for less than two years at the time they enter the U.S. on their immigrant visas or are approved for adjustment of status to resident status (for those processing in the U.S. ) are generally issued a 2 year, conditional resident status.    To convert their 2 year resident card to a permanent, renewable 10 year green card, the conditional resident is expected to file Form I-751 Petition to Remove Conditions on Residence in the 90 day period leading up to the card’s expiration.  Such a filing typically involves the presentation of proof of […]

28 11, 2018

What is a Conviction for Immigration Purposes?

By |2020-05-01T15:57:50-05:00November 28th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2018   Foreign nationals who are the subject of a criminal arrest or charges must take proper care to make informed decisions when it comes to consideration of plea deals being offered by the prosecuting entity.    That is because convictions for certain crimes may negatively impact the individual’s immigration status in one way or another.   In addition to which crimes may lead to negative immigration consequences, foreign nationals must also pay attention to whether the plea deal leads to a “conviction” for immigration purposes, and regardless of how the criminal court may label it. Foreign nationals who plead […]

16 11, 2018

Widespread Delays Continue to Plague Most Immigration Filings

By |2020-05-01T15:59:49-05:00November 16th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, 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 Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published November 16, 2018   Applicants for immigration benefits in the U.S. such as lawful permanent residence, citizenship, employment authorization document (EAD), advance parole travel document (AP) and for removal of conditional basis on residence are seeing processing of their filings plagued by extraordinary delays.   Finding a reason for these delays is not easy, since processing costs are funded by applicant filing fees (not taxpayer money) and there has been no substantial change in the processing environment.   Thus the only rational explanation would be that the administration has made a choice to slow down processing, a choice that has caused havoc […]

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