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Family-Based Immigration Law

22 08, 2002

“Aging Out” Children to Benefit from Child Status Protection Act

By |2002-08-22T14:00:36-05:00August 22nd, 2002|Categories: Family-Based Immigration Law, U.S. Immigration Law and Legislation|

“Aging Out” Children to Benefit from Child Status Protection Act August 22, 2002 On August 7, 2002, President Bush signed into law the Child Status Protection Act. Although many aspects of this new piece of legislation remain unclear, the general aim of this law is to protect the immigration benefits of children under petition by their U.S. immigrant or citizen parents who have been, or will be, penalized because they turn 21 years of age. In theory the law takes effect immediately and in some cases will apply retroactively, although the publication of implementing regulations and the dissemination of guiding memoranda […]

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26 04, 2002

New Legislation: Death of Petitioning U.S. Relative No Longer Means Death to the Immigration Process

By |2002-04-26T14:00:36-05:00April 26th, 2002|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

New Legislation: Death of Petitioning U.S. Relative No Longer Means Death to the Immigration Process April 26, 2002 INS regulations state that when a petitioning U.S. relative dies, so does the alien relative petition he/she filed on behalf of their foreign spouse, child, parent or sibling. The underlying policy being, since the basis of the foreign relative’s purpose in living in the U.S. no longer exists, consequently no good reason exists for the continued validity of the previously filed petition. Then again, however, INS regulations also recognize that extraordinary humanitarian considerations may justify the reinstatement of such a petition even though […]

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22 03, 2002

New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature

By |2002-03-22T14:00:36-06:00March 22nd, 2002|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, United States Embassies Abroad|

New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature March 22, 2002 By now many have heard that the U.S. House of Representatives passed a new Section 245(i) provision and that all we are waiting for is the President’s signature. What most have not heard is the fact that the proposed provision will benefit a very limited class of illegal aliens. And whether Section 245(i) will actually be reenacted in any form whatsoever, remains to be seen. What does the new, Section 245(i) proposal provide? First of all, a history lesson. Remember, Section 245(i) is not […]

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8 03, 2002

New Provision to Benefit “Self-Petitioning” Battered Spouses

By |2002-03-08T14:00:36-06:00March 8th, 2002|Categories: Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

New Provision to Benefit “Self-Petitioning” Battered Spouses March 8, 2002 Thanks to various pieces of legislation enacted over the past decade, immigrants in the U.S. seeking lawful permanent residence (or “green card” status) by way of their marriage to a U.S. citizen or permanent resident are far less beholden to their U.S. spouses, especially when they are the victims of domestic abuse. Far too often, those counting on their U.S. spouse to file paperwork to facilitate the processing of their U.S. immigrant status were powerless and entirely subject to their spouse’s whim and control. And most recently the Battered Immigrant Women […]

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22 02, 2002

More Observations on the Effects of September 11

By |2002-02-22T14:00:36-06:00February 22nd, 2002|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, United States Embassies Abroad|

More Observations on the Effects of September 11 February 22, 2002 It is widely believed among the general public that since September 11 things must be tougher, all around, when it comes to obtaining any immigration benefit or just dealing with the U.S. Immigration & Naturalization Service. Some believe that the immigration laws have gotten much stricter, while others assume that the application and enforcement of immigration laws have tightened considerably. Both suppositions are true in some respects, however for most individuals seeking immigration benefits, whether in the U.S. or abroad, not much has changed. For individuals in the U.S. seeking […]

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12 10, 2001

V Visa Status Now Available for Applicants Already in U.S.

By |2001-10-12T14:00:36-05:00October 12th, 2001|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

V Visa Status Now Available for Applicants Already in U.S. October 12, 2001 As previously discussed in this column, among the provisions included in the recently enacted Legal Immigration Family Equity Act, or “LIFE Act”, are new avenues by which certain spouses and under 21 year old children of U.S. lawful permanent residents can obtain immigration benefits. For qualifying relatives outside the U.S., the benefits include the ability to travel to the U.S. to be reunited with their permanent resident spouse or parent and live and work legally in the U.S. For those already in the U.S, whether legally or without […]

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12 09, 2001

The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad

By |2001-09-12T14:00:36-05:00September 12th, 2001|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, United States Embassies Abroad|

The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad September 12, 2001 The recently created V visa allows certain spouses and under 21 year old children of U.S. lawful permanent residents to obtain immigration benefits while awaiting immigrant visa availability in the family based second preference visa category. First and foremost, it allows qualifying applicants abroad to visit their nearest U.S. consular post and obtain a visa to travel and work in the U.S. For those already in the U.S., whether legally, out of status or with no status, V visa status, along with the […]

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17 08, 2001

New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens

By |2001-08-17T14:00:36-05:00August 17th, 2001|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, United States Embassies Abroad|

New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens August 17, 2001 Included in the Legal Immigration and Family Equity Act (“LIFE Act”) enacted on December 21, 2000, were provisions aimed at alleviating the hardships faced by overseas spouses and under 21 year old children separated from their U.S. citizens spouse/parent while they await the processing of their immigrant visas at a consular post in their home country. Due to backlogs faced by INS processing centers adjudicating the I-130 petitions (for Chicago area petitioners, it is the Nebraska Service Center) […]

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4 05, 2001

April 30 Has Come and Gone, But Section 245(i) May Come Back For Another Visit

By |2001-05-04T14:00:36-05:00May 4th, 2001|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|

April 30 Has Come and Gone, But Section 245(i) May Come Back For Another Visit May 4, 2001 The magical section of the Immigration and Nationality Act known as Section 245 (i) was born in 1994 and lived a brief life, expiring in January, 1998. More recently, on December 21, 2000, Section 245(i), was reborn, but only for a four-month period, through April 30, 2001. And according to a recent White House statement, President Bush is in favor of allowing more time for individuals to benefit from Section 245(i) and has urged Congress to act on a number of pending bills […]

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30 03, 2001

Many Marriage Based Applicants Do Not Need Section 245(i)!

By |2001-03-30T14:00:36-06:00March 30th, 2001|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., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Many Marriage Based Applicants Do Not Need Section 245(i)! March 30, 2001 Headlines like the one appearing in the Chicago Sun Times last week describing the last minute, rushed plans of Chicago area couples to marry in order to beat the April 30 INS deadline, create panic and confusion in the minds of many in the immigrant community. Of course, for many in the undocumented or illegal immigrant population, rushing their marriage to a U.S. citizen or permanent resident and submitting paperwork with the appropriate INS office prior to April 30 is a must. But for many other couples intent on […]

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