Family-Based Immigration Law

26 09, 2003

A Real Life Tragedy

By |2003-09-26T14:00:36-05:00September 26th, 2003|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Undocumented Immigrants and Workers in the U.S.|

A Real Life Tragedy September 26, 2003 Believe it or not, some of my most satisfying moments as an immigration attorney are when a client walks out of my office after I inform them that viable options to pursue their U.S. immigration goals do not now exist. A typical inquiry of this nature involves an undocumented alien who has either overstayed (or will overstay) their visa or has entered the U.S. with no visa at all, and their desperate wish is to remain in the U.S., obtain work authorization, a drivers license, and eventually a green card. Oh yeah, the client […]

8 08, 2003

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.?

By |2003-08-08T14:00:36-05:00August 8th, 2003|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., Undocumented Immigrants and Workers in the U.S.|

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.? August 8, 2003 This is definitely one of the more common questions presented to me as an immigration lawyer. Sometimes the client in question got married to a lawful permanent resident (“green card” holder) and sometimes to a U.S. citizen. Sometimes the client is in status, other times they have overstayed their visa. Other times, they came with someone else’s visa, or with no visa at all. The following are my most common responses to the scenarios presented above (for this discussion, […]

2 05, 2003

DHS to Unveil New “VISIT System” for Travelers to the U.S.

By |2003-05-02T14:00:36-05:00May 2nd, 2003|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|

DHS to Unveil New “VISIT System” for Travelers to the U.S. May 2, 2003 By years end, look for the Department of Homeland Security to implement a new entry/exit system that will allow for better screening and tracking of foreign nationals entering the U.S. on nonimmigrant visas, such as student, visitor and work visas. The U.S. Visitor and Immigrant Status Indication Technology system, VISIT – for short, is designed to allow those with legitimate visas and purposes to enter the U.S. more efficiently and with more security, and detect and deny entry for those trying to enter the U.S. with fraudulent […]

17 04, 2003

Responding to Those Thick National Visa Center Packets

By |2003-04-17T14:00:36-05:00April 17th, 2003|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, United States Embassies Abroad|

Responding to Those Thick National Visa Center Packets When the Alien Relative is in the U.S. April 17, 2003 The following sequence of events may sound familiar. First, the U.S. citizen or lawful permanent resident files an I-130, Alien Relative Petition on behalf of a family member living outside the U.S., or maybe even living in the U.S. – with or without status. The Immigration and Naturalization Service (now the Bureau of Citizenship and Immigration Services or CIS) eventually issues a notice confirming that the petition has been approved and shortly thereafter the National Visa Center forwards a correspondence informing the […]

28 03, 2003

Document Shredding: One Way to Reduce Paperwork Backlog at INS

By |2003-03-28T14:00:36-06:00March 28th, 2003|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law|

Document Shredding: One Way to Reduce Paperwork Backlog at INS March 28, 2003 If you or anyone you know may have submitted some sort of immigration related filing with the Laguna Niguel, California office of the Immigration and Naturalization Service (now Bureau of Citizenship and Immigration Services) in the past year or two, the documents filed may have ended up in the paper shredder, and not by mistake. According to a federal indictment handed down in recent weeks, at least two officials working at the facility were responsible for ordering the shredding of up to 90,000 documents, including applications and supporting […]

28 02, 2003

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals

By |2003-02-28T14:00:36-06:00February 28th, 2003|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-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals February 28, 2003 INS Adjudication Delays As previously covered in this column, INS offices around the U.S. have implemented new security check protocols in the processing of various applications for immigration benefits, particularly lawful permanent residence and U.S. citizenship. Specifically, before an applicant is granted their immigration benefit, the INS must receive the green light from the FBI after their name is processed through the FBI’s own security filter. This protocol is in addition to the fingerprint check wherein the applicant’s prints are analyzed against a nationwide database of federal, state […]

7 11, 2002

Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months

By |2002-11-07T14:00:36-06:00November 7th, 2002|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., U.S. Immigration Law and Legislation, United States Embassies Abroad|

Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months November 7, 2002 By federal statute, roughly 500,000 family-based immigrant visas and 140,000 employment based immigrant visas become available each fiscal year, which begins on October 1 and runs through September 30. This number does not include the 55,000 immigrant visas that become available each year through the Diversity Visa Lottery Program, a program which excludes citizens of several countries including the Philippines. Despite the large number of available immigrant visas, long lines have formed in all of the family based categories since the demand for these visas […]

17 10, 2002

The Misadventures of a Skokie “Immigration Consultant”

By |2002-10-17T14:00:36-05:00October 17th, 2002|Categories: Citizenship / Naturalization and the N-400 Application, Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

The Misadventures of a Skokie “Immigration Consultant” October 17, 2002 As long as there are sign-makers to manufacture signs, individuals are free to purchase their services, create a sign, and call themselves whatever they like. Whether it be a witch doctor, cat psychologist or immigration consultant, the sign purchaser tries to tell the public that he or she is selling a service or product of value, with the ultimate goal of generating as much cash flow for themselves as possible. And it is not the sign-maker’s job of ensuring that the person ordering the sign is in any way worthy of […]

26 09, 2002

Exceptional and Extremely Unusual Hardship: BIA Reverses Immigration Judge Ruling on an Undocumented Family of 6

By |2002-09-26T14:00:36-05:00September 26th, 2002|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Removal / Deportation Proceedings and Court Hearings|

Exceptional and Extremely Unusual Hardship: BIA Reverses Immigration Judge Ruling on an Undocumented Family of 6 September 26, 2002 When it comes to deportation proceedings, now known as removal proceedings, the options available for individuals to put up a defense have become more and more scarce over the years. One defense option that remains is one where an undocumented or illegal alien has an opportunity to demonstrate 1) 10 years of physical presence in the U.S., 2) good moral character and 3) that deportation would pose an “exceptional and extremely unusual” hardship to a U.S. citizen or permanent resident parent, spouse […]

11 09, 2002

INS Processing Times in Chicago and Lincoln, Nebraska

By |2002-09-11T14:00:36-05:00September 11th, 2002|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law|

INS Processing Times in Chicago and Lincoln, Nebraska September 11, 2002 UPDATE For the most recent processing times, visit CIS ( INS ) Processing Times. Nebraska Service Center, Lincoln, Nebraska Form I-129 – Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H-1B visa, etc), intracompany transferees, executives or managers (L visa), treaty traders/investors (E visa), artists/performers (O, P visa), religious workers (R visas): 60 to 90 days. However, with the payment of an additional filing fee of $1,000.00, these petitions will undergo “premium processing” and adjudicated in 7 to 14 days Form I-539 – Application to Extend/Change Non-Immigrant Status […]

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