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Family-Based Immigration Law

19 05, 2019

Making U.S. Immigration Great Again

By |2020-05-01T15:02:45-05:00May 19th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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 / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, 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, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 19, 2019   I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on to become U.S. citizens. Existing statutory avenues toward U.S. residence have allowed for approximately 1 million new permanent residents to the U.S. per year. In addition to these avenues to legal [...]

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2 05, 2019

Smoking Marijuana May Be Hazardous to Your Immigration Health

By |2020-05-01T15:35:05-05:00May 2nd, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published May 2, 2019     A lawful permanent resident (green card holder) seeking to become a U.S. citizen must fulfill a number of requirements when submitting their Application for Naturalization and in order to be approved to take the oath of U.S. citizenship.   In addition to a requisite number of years of permanent residence and physical presence in the U.S., an applicant for naturalization must demonstrate that he/she is of “good moral character” and for a specified period leading up to their application.  Now, according to a new policy memo issued by the Department of Homeland Security/Citizenship and Immigration Services [...]

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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 […]

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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 […]

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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 […]

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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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2 11, 2018

Trump Looks To End Birthright Citizenship

By |2018-11-02T20:01:10-05:00November 2nd, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Family-Based Immigration Law, General, immigration reform, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published November 2, 2018   The experts have already chimed in to advise that his plan is contrary to basic constitutional law, but that has not stopped Donald Trump from announcing in recent days that he will issue an executive order putting a halt to birthright citizenship, i.e. the rule that all children born in the U.S., with few exceptions, are born as U.S. citizens.   Most see the President’s announcement as a purely political stunt in order to bolster support among his base to vote Republican in the coming midterm elections and to maximize their chances of maintaining control of Congress.  […]

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19 10, 2018

Medical Exams: New Policy in Effect for Adjustment of Status Applicants

By |2020-05-01T16:02:45-05:00October 19th, 2018|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), 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 October 19, 2018   With few exceptions, individuals seeking to reside permanently in the U.S. and obtain lawful permanent resident or “green card” status, must document they are not subject to a medical basis of inadmissibility.  Whether the applicant is undergoing the consular processing of their immigrant visa at a U.S. consular post outside the U.S. or is obtaining their residence by way of an I-485 “adjustment of status” application in the U.S., a sealed medical exam report prepared by an accredited physician must be presented in support of their application.   The purpose of the exam is to screen the […]

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20 09, 2018

Under New Policy, Immigration Applications Can Be Denied More Easily

By |2020-05-01T16:10:16-05:00September 20th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

Published September 20, 2018   As of September 11, 2018 a new policy went into effect giving immigration officers greater authority to deny immigration related filings without first giving applicants an opportunity to supply the missing evidence.    According to U.S. Department of Homeland Security/Citizenship and Immigration Services officials, the new policy was prompted by what was seen as widespread documentary shortcomings in applicant filings and the consequent waste of resources forced on immigration officials in order to allow applicants to address these shortcomings, especially when the underlying filing may not ever be approvable.  From the standpoint of the government, instructions […]

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11 09, 2018

It is Taking Forever for My Green Card or Citizenship Application to Be Decided: What Can I Do?

By |2020-05-01T16:12:21-05:00September 11th, 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, Lawful Permanent Residence in the U.S.|

Published September 11, 2018   For foreign nationals in the U.S., two of the most common applications filed with Department of Homeland Security/Citizenship and Immigration Services are the I-485 Application for Adjustment of Status (to acquire lawful permanent resident/green card status) and N-400 Application for Naturalization (to acquire U.S. citizenship).  Processing times for both applications these days – from day of filing to interview – ranges from 8-12 months, give or take.   But what happens if your case is pending longer than that?  What measures can be taken to follow up and ensure your case is being decided in a reasonable period […]

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