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Family-Based Immigration Law

14 12, 2016

Naturalization Without the English and/or Civics/History Requirement

By |2016-12-14T08:29:22-06:00December 14th, 2016|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation|

Published December 14, 2016   With few exceptions, eligibility for U.S. naturalization depends on an applicant:  1)  having accumulated a minimum number of years of lawful permanent residence, 2) demonstrating good moral character for the statutory period and 3) passing a basic test of English proficiency (writing and reading) and knowledge about the U.S. government and history (civics). The following classes of individuals are exempt from the English language portion: Applicants 50 years of age and older, and with more than 20 years of lawful permanent residence, OR 55 years of age and older, and with more than 15 years of lawful […]

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23 11, 2016

FILE BEFORE DECEMBER 23, 2016 TO AVOID IMMIGRATION FILING FEE INCREASES

By |2016-11-23T08:52:15-06:00November 23rd, 2016|Categories: Citizenship / Naturalization and the N-400 Application, 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., Non-Immigrant Visas for Temporary Workers / H-1B|

Published November 23, 2016   As of December 23, 2016, and for the first time in six years, a filing fee increase for certain immigration applications or petitions is set to take effect.  The operations of Citizenship and Immigration Services is almost entirely funded by the filing fees it receives to process applications for the various immigration benefits offered.   This filing fee increase has nothing to do with the recent election and the plan to implement this increase has been in the works for many months.    The chart below is the list of old and new filing fees.  Applications and […]

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20 09, 2016

Do I Need to Renew My Green Card If I Am Applying for U.S. Citizenship?

By |2016-09-20T12:50:18-05:00September 20th, 2016|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 Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 20, 2016     U.S. Citizenship and Immigration Services Headquarters recently issued a directive clarifying the circumstances under which prospective applicants for naturalization – filing Form N-400 –  must also renew their Permanent Resident cards and file Form I-90.    The directive establishes guidelines that are at odds with practices that had long been in place at local CIS offices, such as Chicago’s, since naturalization applicants with expired green cards were rarely, if ever, asked whether the Green Card renewal process had been initiated during the course of a naturalization interview/process.   The following are the two most common scenarios applicants […]

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8 08, 2016

Expansion of Stateside “Provisional” Waiver Program

By |2016-08-08T05:35:45-05:00August 8th, 2016|Categories: 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, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2016   Back in 2013, the US Department of Homeland Security/Citizenship and Immigration Services first implemented a “stateside” I-601A Waiver program, an initiative allowing for the processing a “waiver of inadmissibility” for certain green card applicants who under current law, are not eligible to adjust their status and undergo final green card processing in the U.S.    Under the system previously in place, such applicants were required to depart the U.S. to their home country for a period of many months and appear for their final immigrant visa (green card) interview before a consular officer outside the U.S. and await a decision on […]

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25 07, 2016

For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card

By |2016-07-25T19:13:52-05:00July 25th, 2016|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them.  From what I have witnessed, the assumed name entrant is typically motivated by a desire to achieve a better life in terms of work and freedom, a life that would otherwise not be available but for their taking action to enter under a false identity and/or fabricated visa application.  For a variety of reasons though, no visa is within reach, whether it be as a B-1/B-2 visitor for pleasure/business, F-1 […]

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14 05, 2016

New Immigration Options for Overseas Family Members of U.S. Based Filipino WWII Veterans

By |2016-05-14T13:14:52-05:00May 14th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S.|

Published May 14, 2016 In the past week, the U.S. Department of Homeland Security/Citizenship and Immigration Services announced the launch of a new program – the Filipino World War II Veterans Parole Program – where applications to facilitate the immediate entry into the U.S. of certain overseas family members of U.S. based Filipino World War II veterans will soon be accepted.   Starting June 8, 2016, overseas family members who are the beneficiaries of a U.S. based, Filipino WWII veteran’s I-130 visa petition and waiting in one of the Family Preference visa lines, will be eligible to submit an application to be […]

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20 04, 2016

I-751 Petitions to Remove Conditional Basis on Residence: For When the Marriage Works, and For When It Does Not

By |2016-04-20T08:41:09-05:00April 20th, 2016|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 April 20, 2016   Usually, foreign nationals obtaining immigration benefits by way of a marriage to a U.S. citizen are only initially granted resident status on a 2 year “conditional” basis.  That is because at the time they are granted their immigrant visa at a consulate abroad, or “adjusting” their status in the U.S., the marriage that is the basis of the petition is less than 2 years old.  On the other hand, if a marriage is more than 2 years old at the time of such final processing at a consulate overseas, or at a CIS office in the U.S., […]

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24 02, 2016

U.S. Department of Homeland Security to Take a Closer Look at Social Media Presence of Foreign Nationals Coming to U.S.

By |2016-02-24T08:57:02-06:00February 24th, 2016|Categories: Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B|

Published February 24, 2016   After the terrorist mass shootings in San Bernardino, California this past December, it was discovered that the couple carrying out the attack had an online footprint, via Facebook private messenger, outlining disturbing beliefs and inclinations to commit acts of jihad and terrorism. In the wake of this major act of terrorism and others around the world, leaders in our federal government and Congress are looking for improved ways to insure that foreign nationals looking to enter the U.S. do not intend to engage in terrorism.  The new rules being considered may or may not have prevented […]

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12 02, 2016

Current (2015) Poverty Guidelines for Sponsors Completing Affidavits of Support

By |2016-02-12T08:45:57-06:00February 12th, 2016|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|

Published February 12, 2016   Intending applicants for immigrant visas or for adjustment of status based on a family relationship must document that their petitioning U.S. family member, or a joint co-sponsor, executing a Form I-864 Affidavit of Support, meets certain income requirements and guarantees that the intending immigrant will not become a burden on the U.S. government.   As an alternative to meeting the income requirement, the sponsor or joint sponsor can prove their financial health by way of documenting ownership of adequate liquid assets, such as funds in a bank or stock brokerage account and in some cases, real property (supported […]

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25 01, 2016

U.S. Supreme Court to Review Obama’s Most Recent “Legalization” Program

By |2016-01-25T12:21:10-06:00January 25th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published January 25, 2016   Last week, the U.S. Supreme Court announced it will consider the Obama administration’s appeal in the United States v. Texas and hear oral arguments on the legality of President Obama’s executive order granting, in effect, temporary immigration status to millions of undocumented immigrants.   Oral arguments on the legality of this program, known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or “DAPA”, are slated for April, 2016 and with a final decision expected by the end of June.   At issue before the court are a number of important legal and constitutional principles, […]

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