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Family-Based Immigration Law

1 10, 2005

THE NEW VISA LOTTERY (DV-2007)

By |2005-10-01T14:00:36-05:00October 1st, 2005|Categories: Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation, Visa Lottery and Diversity Visas to the U.S.|

THE NEW VISA LOTTERY (DV-2007) October 1, 2005 Like in years past, many foreign nationals do not get to participate in this year’s visa lottery where millions from all over world submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from the program are natives of Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia (new to the list), South Korea, United Kingdom (except Northern Ireland) and Vietnam. That is because these are considered to be “high admission” nations, and […]

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14 07, 2005

Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents

By |2005-07-14T14:00:36-05:00July 14th, 2005|Categories: Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents July 14, 2005 In the past month, a legislative proposal was introduced in both the U.S. House of Representatives and Senate which would essentially allow gay “permanent partners” of U.S. citizens or permanent residents to receive the same immigration benefits as spouses of U.S. citizens or permanent residents. Additionally, under the legislative proposal, “permanent partners” of foreign nationals being granted refugee or asylee status would also qualify for immigration benefits as if they were the principal applicant’s spouse. With the gay marriage movement making headlines across the […]

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15 03, 2005

Timing of U.S. Citizenship Applications, Including New Policy

By |2005-03-15T14:00:36-06:00March 15th, 2005|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Timing of U.S. Citizenship Applications, Including New Policy March 15, 2005 In most cases, prospective applicants for U.S. citizenship must live in the U.S. for 5 years as lawful permanent residents before they become eligible to submit their N-400 applications. For applicants who are married to U.S. citizens, eligibility commences after they have accumulated 3 years of lawful permanent residence, as long as they have resided with their U.S. citizen spouse for all 3years. (In actuality, N-400 applications can be filed within the 90 day period just prior to the accumulation of 5 or 3 years of residence). Additionally, in most […]

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11 02, 2005

Extension of V Status Now Possible for Those Turning 21

By |2005-02-11T14:00:36-06:00February 11th, 2005|Categories: Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

Extension of V Status Now Possible for Those Turning 21 February 11, 2005 In 2001, the U.S. Congress made available V visas for spouses and under 21 year old children of U.S. lawful permanent residents provided: a) the permanent resident family member filed a Form I-130 on their behalf prior to December 21, 2000 and b) their petitions had been pending more than 3 years. The purpose of the provision was to allow U.S. permanent residents to be reunited with their spouses and young children while they wait out visa availability in the Family Second Preference A immigrant visa category – […]

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30 09, 2004

H-1B Visas Already Running Out for 2005 & More on INFOPASS

By |2004-09-30T14:00:36-05:00September 30th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Visas Already Running Out for 2005 & More on INFOPASS September 30, 2004 H-1B Visas Already Running Out for 2005 H-1B work visas, the work visa used mainly by foreign national university graduates to fill professional positions in the U.S., are starting to run out. For fiscal year 2005, commencing October 1, 2004 and running through September 30, 2005, 65,000 H-1B visas are available by way of congressional mandate. But, according to officials at Citizenship and Immigration Services (formerly INS) headquarters in Washington D.C. the allotment of H-1B visas could be exhausted by the end of October, 2004. So where […]

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9 09, 2004

CIS Service Centers Implement Good Idea

By |2004-09-09T14:00:36-05:00September 9th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, United States Embassies Abroad|

CIS Service Centers Implement Good Idea September 9, 2004 Over the past year or so, processing times for family based, I-130 immigrant petitions have skyrocketed. Of particular significance are the extended processing times for visa petitions in the “Immediate Relative” or “IR” category, where visas are immediately available and the main obstacle to visa processing are stateside CIS service center delays, delays that have stretched to as long as 2 years. In the past month, however, CIS headquarters has issued a directive instructing the four regional CIS service centers to give first priority to adjudicating I-130 petitions in the IR category […]

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15 07, 2004

Travel Outside the US while Permanent Residence Processing is Pending

By |2004-07-15T14:00:36-05:00July 15th, 2004|Categories: Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Travel Outside the US while Permanent Residence Processing is Pending July 15, 2004 With the worst delays in recent history affecting the processing of all types of immigration filings, applicants are often left wondering what they are paying for when submitting their money orders or checks for substantial amounts, payable to “U.S. Citizenship and Immigration Services.” Unfortunately, extensive delays are fast becoming the norm, with the processing of Advance Parole Travel Documents as one example. For most individuals temporarily living in the U.S. but seeking to travel outside the U.S. while their applications for permanent residence (I-485) remain pending, an Advance […]

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10 06, 2004

Immigration Processing Delays and Possible Solutions

By |2004-06-10T14:00:36-05:00June 10th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Immigration Processing Delays and Possible Solutions June 10, 2004 Whether you are a U.S. citizen filing immigration paperwork on behalf of an overseas spouse or parent, or you are an applicant for permanent residence awaiting processing in the U.S., no doubt, you have become familiar with the extensive processing delays plaguing many aspects of the U.S. Citizenship and Immigration Service’s (“CIS”, formerly INS) operations. For individuals residing in the Chicago area or Midwestern U.S., the CIS’ Nebraska Service Center may be the source of the problem. Or for some other applicants nationwide, the newly created National Benefits Center in Missouri may […]

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30 04, 2004

US CIS Announces Filing Fee “Adjustment” & Is U.S. Immigration Harmful to the Environment

By |2004-04-30T14:00:36-05:00April 30th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards|

US CIS Announces Filing Fee “Adjustment” & Is U.S. Immigration Harmful to the Environment April 30, 2004 US CIS Announces Filing Fee “Adjustment” According to a US CIS (formerly INS) press release issued earlier this month, new, “adjusted” immigration filing fees will go into effect as of Friday, April 30, 2004. What does this mean for you? The filing fee you pay for each document submitted to the USCIS will increase by an average of $55.00. The fee for Biometrics (fingerprinting and photos) will also increase by $20 for certain applications. (To view a complete list of new filing fees, visit […]

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11 03, 2004

Impact of H-1B Visa Cap Being Reached; New I-864 Income Guidelines for 2004

By |2004-03-11T14:00:36-06:00March 11th, 2004|Categories: Employment-Based Immigration Law, Family-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

Impact of H-1B Visa Cap Being Reached; New I-864 Income Guidelines for 2004 March 11, 2004 The 65,000 H-1B work visas allotted for fiscal year 2004, running from October 2003 through October 2004, have run out. With current H-1B visa holders generally unaffected, it is only the new, prospective H-1B employer or employee that needs to be concerned with this news. In general, the H-1B visa is available to prospective employees of sponsoring corporations or businesses where the position at issue is considered a professional or “specialty” occupation – a job that typically requires the attainment of a university degree – […]

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