Green Cards

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By |2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

6 01, 2009

Amidst Fear of Terrorism, US CIS Sets Goals for Screening Fraudulent Green Card Applications

By |2009-01-06T07:51:04-06:00January 6th, 2009|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Amidst Fear of Terrorism, US CIS Sets Goals for Screening Fraudulent Green Card Applications Published January 6, 2009 Recently, the U.S. Congressional Committee on Homeland Security commissioned a study of fraud among immigrant Adjustment of Status applications, after a 2004 warning from the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) that members of terrorist organizations could easily “embed” themselves in the U.S. by becoming Lawful Permanent Residents (LPRs). Last month, the findings were presented to the Congressional Committee, along with recommendations of ways that U.S. Citizenship and Immigration Services (CIS) might apply more scrutiny to each […]

8 12, 2008

UPDATE: The Truth about Foreign Nurses and US Immigration Law

By |2008-12-08T02:00:10-06:00December 8th, 2008|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

UPDATE: The Truth about Foreign Nurses and US Immigration Law Published December 8, 2008 As of this writing there truly is no speedy and simple way to facilitate the issuance of either immigrant or temporary work visas for Registered Nurses from most foreign nations (Canada and Mexico are the only exceptions). Knowing the truth about foreign nurses and US immigration law is critical, specifically because US employers and future US RN employees are desperate to be matched up with each other There is an abundance of misinformation out there, and Employers, and especially prospective work visa holders are vulnerable to misinformation […]

25 09, 2008

The New Visa Lottery (DV-2010)

By |2008-09-25T13:22:31-05:00September 25th, 2008|Categories: Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation, Visa Lottery and Diversity Visas to the U.S.|

The New Visa Lottery (DV-2010) Published September 25, 2008 As in years past, millions of people from all over world will submit entries to have a chance at one of 55,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from eligibility are natives of Brazil (new to the list), Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru (new to the list), Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and Vietnam. That is because these are considered to be “high admission” nations, and the basis of Congress establishing […]

5 09, 2008

The Role of Counsel in PERM / Labor Certification Processing

By |2008-09-05T13:16:17-05:00September 5th, 2008|Categories: Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification|

The Role of Counsel in PERM / Labor Certification Processing Published September 5, 2008 Foreign nationals seeking to obtain permanent resident status in the U.S. by way of a job offer are usually subject to a process wherein the employer must document the unavailability of ready, willing and qualified U.S. workers to fill the position at issue. The process is initiated by way of an online application, known as PERM, submitted by the employer to the U.S. Department of Labor (DOL). The application is straightforward in its language and lay out, yet complex in its regulatory underpinnings. At the heart of […]

25 08, 2008

In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened

By |2008-08-25T13:35:18-05:00August 25th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, Green Cards, Immigration and Criminal Law / Detainees|

In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened Published August 25, 2008 But I had the matter expunged! That is usually the first response a client will provide when I suggest that we must disclose all arrests or criminal charges when it comes to answering questions listed on an Application for Permanent Residence (I-485) or Application for Naturalization (N-400). Although for some purposes, an expungement may properly be understood as a process that seals and makes disappear an individual’s criminal record, in the immigration law realm it does not have such an impact. The problem […]

15 08, 2008

New Medical Forms, New Vaccine Requirements, and One Small Detail

By |2008-08-15T13:38:25-05:00August 15th, 2008|Categories: Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas|

New Medical Forms, New Vaccine Requirements, and One Small Detail Published August 15, 2008 This summer US Citizenship and Immigration Services (CIS) has issued a new list of required vaccinations and a new medical form for applicants for permanent residence (I-485). Applicants for Adjustment of Status will need to show that they’ve had the following vaccinations: – rotavirus – hepatitis A – meningococcal – human papillomavirus – zoster (for applicants age 60 and older) The new medical exam form (I-693) was published on uscis.gov on June 5, 2008 and the new requirements went into effect on August 1. So if an […]

19 06, 2008

Two-year Employment Authorization Documents to Be Issued to Certain Adjustment of Status Applicants

By |2008-06-19T12:53:00-05:00June 19th, 2008|Categories: Employment Authorization / Work Cards in the U.S., Green Cards, Lawful Permanent Residence in the U.S.|

Two-year Employment Authorization Documents to Be Issued to Certain Adjustment of Status Applicants Published June 19, 2008 Particular classes of immigrants are eligible to apply for employment authorization, including certain asylum applicants, persons in student status who will work in their field of training, and persons who have applied (with Form I-485) to adjust their status to that of a permanent resident. Beginning at the end of this month, applicants who applied for adjustment of status when visas were available to them but who have since seen visa availability retrogress in their categories may be granted employment authorization documents (EAD) valid […]

7 06, 2008

CIS to “Move Up” Adjustment of Status (I-485) and Naturalization (N400) Applications for Immigrants Who Stand to Lose SSI Benefits

By |2008-06-07T12:50:11-05:00June 7th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S.|

CIS to “Move Up” Adjustment of Status (I-485) and Naturalization (N400) Applications for Immigrants Who Stand to Lose SSI Benefits Published June 7, 2008 Each year, thousands of disabled and elderly immigrants (permanent residents), refugees and asylees lose their right to federal Supplemental Security Income benefits (SSI), due to a regulation restricting collection of these benefits to a seven-year timeframe. Without U.S. citizenship or status as a legal permanent resident (in cases where the immigrant can prove a qualifying ten-year work history), there is no way to continue receiving SSI benefits after the seven years are up. Because many Adjustment of […]

10 05, 2008

Beware of the False Claim to U.S. Citizenship Trap

By |2008-05-10T12:45:59-05:00May 10th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, Green Cards, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Undocumented Immigrants and Workers in the U.S.|

Beware of the False Claim to U.S. Citizenship Trap Published May 10, 2008 Whether you are in the United States with no status (undocumented or visa overstay), temporary status or even permanent resident status it is important to take note of the “false claim to U.S. citizenship ” trap, a dangerous trap that is presenting itself to unsuspecting foreign nationals and immigration applicants with increasing frequency as of late. Since the last time I wrote on this topic, the landscape has become a little more daunting. Inquiries made by Immigration officials into whether or not an applicant for permanent residence, or […]

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