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3 01, 2021

How to Get a Green Card Through Your Job

By |2021-01-04T09:47:47-06:00January 3rd, 2021|Categories: General, Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, United States Embassies Abroad|

Published January 3, 2021 By Richard Hanus, Esq. After family based immigration, the next most popular avenue to live and work in the U.S. on a permanent basis is the “green card” by way of a job or job talents.  Most employment based paths to lawful permanent resident (green card) status, require a financially viable employer to offer the foreign national a job and where U.S. workers are unavailable to fill the role.  Other job based green card processes do not require a test of the job market, and some require no actual job offer. In most cases, the first requirement [...]

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30 12, 2020

How to Get a Green Card For Your Parent

By |2021-01-04T09:47:57-06:00December 30th, 2020|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., United States Embassies Abroad|

Published December 27, 2020 By Richard Hanus, Esq. There are a couple dozen ways a foreign national can come live in the U.S. as a lawful permanent resident (aka as a “green card” holder) with most involving either a family or employer/employee relationship.  When it comes to family relationships, an adult U.S. citizen’s petition for their foreign national parent is among the most popular and efficient processes available. The basic requirements: 1) the child filing on behalf of their parent must be 21 years of age or older, and 2) the petitioning child must be a U.S. citizen.  The adult child [...]

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20 12, 2020

How Much is Too Much? When Visiting the U.S. Can Be Hazardous to Your Immigration Health

By |2020-12-20T11:32:52-06:00December 20th, 2020|Categories: General, Customs and Border Patrol / Travel to and from the U.S., United States Embassies Abroad|

Published December 20, 2020 By: Richard Hanus, Esq. Approximately 80 million foreign nationals visit the U.S. annually.  They come to see family and friends, attend special celebrations, visit tourist attractions and conduct business meetings.  They enter on B-1/B-2 visitor visas issued by U.S. consular posts abroad or without visas, if they are Canadian or pursuant to the Electronic System Travel Authorization (“ESTA”) program if they are citizens of certain nations.  Two common question presented on this subject – to which there are no clear cut answers – are:  1) what is the maximum period I can remain in the U.S. for any given visit? 2) How often [...]

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16 07, 2020

10 Years Just Happened in 3 Months – An Unprecedented Volume of Immigration Law Events

By |2020-11-14T12:40:40-06:00July 16th, 2020|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published July 16, 2020 By: Richard Hanus, Esq. In my 25+ years as an immigration lawyer, my area of practice has never been as important or relevant as it is today.  This Administration has made it this way, bringing U.S. immigration law into the spotlight as one of the bedrock issues of its campaign and presidency.   Whether it really merits this level of attention is questionable, given other more pressing problems plaguing this nation.  Loud, news attracting immigration policies are released every other day, and whether their legality is held up in court seems to be beside the point.   The policies touch on illegal immigration [...]

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23 06, 2020

A Chokehold On Legal Immigration: 6 Things to Know About the Extended Immigration Ban and Where Things are Headed

By |2020-11-14T12:42:04-06:00June 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), 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, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 23, 2020 By: Richard Hanus, Esq. 1. The Administration says it is looking to protect or create American jobs with the latest immigration ban and eventually seek to establish a merit based immigration system.  But a close look at the Administration's actions for the past 3+ years will reveal a methodical strategy to thwart practically every process available for individuals and companies to utilize established immigration laws.  With the latest Immigration Ban/Executive Orders and other measures implemented since this Administration took office, the U.S. has sent an unmistakable signal to the world’s most talented students, future business and scientific [...]

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7 06, 2020

Update: Immigration Options for Healthcare Professionals in the Age of Covid-19

By |2020-11-14T12:43:01-06:00June 7th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 7, 2020 By: Richard Hanus, Esq. Although the April 20, 2020 Executive Order on Immigration placed significant obstacles to immigration into the U.S., important exceptions were made for healthcare workers.  Further, the U.S. Department of State had previously announced its intention to give priority and expedited visa processing for healthcare professionals seeking to enter the U.S. during the Covid-19 pandemic.  Specifically, the U.S. Department of State on March 26, 2020 issued a directive in the name of quickly increasing our nation’s capacity to better address the pandemic, encouraging eligible classes of medical professionals to reach out to the U.S. consular post processing [...]

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13 05, 2020

Large Scale H-1B Visa Lawsuit Settled; The Latest on Immigration Office and Court Operations

By |2020-11-14T12:44:00-06:00May 13th, 2020|Categories: Asylum in the United States, 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, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, United States Embassies Abroad|

Published May 13, 2020 By: Richard Hanus, Esq. Update:  One Year and a Federal Lawsuit Later, DHS Finally Approves 150 Pending H-1B Filings for Lab Technologists I cannot recall a time when so many federal lawsuits to compel or correct decisions by the Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) have been filed.  One recent example is the lawsuit filed by Management Healthcare Systems LLC (doing business as MedPro Staffing) in the District of Columbia 3 months ago to compel DHS/CIS to finally decide over 150 visa petitions for foreign medical lab technologists. At the time of filing in February, 2020, [...]

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23 04, 2020

The New Executive Order on Immigration: 6 Essential Insights

By |2020-11-14T12:44:58-06:00April 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), 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, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published April 22, 2020 By: Richard Hanus, Esq. 1. It was the evening of April 20, 2020 and President Trump tweeted an ominous new policy on immigration - a measure as sweeping and extreme as it gets: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”  To “temporarily suspend immigration” is no small undertaking, and the news came as a big surprise, including for many top governmental officials working in the immigration [...]

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31 08, 2019

The New, Sharper Teeth of Existing Public Charge Provisions

By |2020-05-01T14:18:49-05:00August 31st, 2019|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, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published August 31, 2019 Concerns about new immigrants becoming a “public charge” and dependent on U.S. government resources, have pretty much always been a part of our immigration related legal landscape.  Form I-864 Affidavit of Support – a document required for the final stages of nearly all family based immigration filings - is the most well known representation of this concern.  Typically U.S. based petitioning family members are required to personally guarantee that their incoming immigrant family member will not become dependent on government aid.  Notwithstanding the extent to which immigrants becoming burdens on U.S. society is an actual problem, the [...]

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8 02, 2019

Federal Indictments Handed Down Against Birth Tourism Ring

By |2019-02-08T09:57:45-06:00February 8th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Uncategorized, United States Embassies Abroad|

Published February 8, 2019 With few exceptions, per the Constitution of the United States of America, if a person is born in the U.S., they are born as a U.S. citizen – and no matter the citizenship or immigration status of their parent.  As further evidence of just how valuable a life in the U.S. is, especially with a U.S. passport, we have news of the prosecution of an alleged criminal enterprise specializing in arranging for foreign individuals to enter the U.S. for the sole purpose of giving birth to their children as U.S. citizens.    In recent days, federal authorities have unsealed […]

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