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Lawful Permanent Residence in the U.S.

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 […]

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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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28 02, 2008

Homeland Security Addresses Name Check Delays

By |2008-02-28T14:00:36-06:00February 28th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Homeland Security Addresses Name Check Delays February 28, 2008 In what appears to be a significant victory for customers of the Citizenship and Immigration Service (CIS), the U.S. Department of Homeland Security has announced its plan to eliminate systemic delays currently plaguing decision-making for many immigration applications, most notably I-485 applications for adjustment of status to permanent residence. Large numbers of applicants for U.S. permanent residence and naturalization have faced significant, sometimes multi-year, delays in the adjudication of their applications as a result of delays in the FBI name check process. In recent years, the FBI name check and other security […]

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15 01, 2008

Can the Green Card Renewal Process Lead to Removal Proceedings?

By |2008-01-15T14:00:36-06:00January 15th, 2008|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Can the Green Card Renewal Process Lead to Removal Proceedings? January 15, 2008 This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to renew expiring permanent resident cards (aka “green cards”). The simple answers – for those without criminal issues: No. For those with criminal issues: Maybe. Individuals who have accumulated one or more criminal convictions since the time they have become permanent residents are certainly advised to give serious consideration to seeking legal counsel prior to submitting their I-90 applications to renew their […]

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5 12, 2007

Renewing Green Cards With No Expiration Date

By |2007-12-05T14:00:36-06:00December 5th, 2007|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S.|

Renewing Green Cards With No Expiration Date December 5, 2007 On August 22, 2007, the U.S. Citizenship and Immigration Services (CIS) issued a proposed regulation that would require approximately 750,000 lawful permanent residents (LPRs) with permanent resident cards (aka “green cards” or Form I-551) that do not have an expiration date on them, to replace them for modern cards with expiration dates and other security features. Although the public comment period ended on September 21, a final regulation has yet to be issued, and this proposed requirement has yet to take effect. As many of you know, permanent resident cards are […]

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10 08, 2007

New Immigration Filing Fees, Fee Waivers

By |2007-08-10T14:00:36-05:00August 10th, 2007|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, Lawful Permanent Residence in the U.S.|

New Immigration Filing Fees, Fee Waivers August 10, 2007 As you may be aware, U.S. Citizenship and Immigration Services (USCIS) issued a new fee schedule which went into effect July 30, 2007. The fee increases are significant, to say the least, with some application costs increasing by 300 percent. There is no doubt that this change will cause hardship to many foreign nationals applying for immigration benefits in the United States, such as U.S. citizenship or permanent residence. In light of this, it is important to know that for some applications, USCIS offers applicants an opportunity to be considered for a […]

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20 07, 2007

The 35-Day Rollercoaster Ride

By |2007-07-20T14:00:36-05:00July 20th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

The 35-Day Rollercoaster Ride July 20, 2007 June 13th, July 2nd and July 17th of 2007 are three dates that will forever remain infamous among immigration lawyers and the clients and communities they serve. In the span of 35 days, the U.S. Department of State and Citizenship & Immigration Services (CIS) took everyone on an emotional rollercoaster of extreme proportions. It all started on June 13 when the Department of State issued its visa bulletin for July 2007. As many of you know, the visa bulletin is issued each month and announces the visa availability in family-based and employment-based categories for […]

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5 07, 2007

Chaos for Employment-Based Green Card Applicants

By |2007-07-05T14:00:36-05:00July 5th, 2007|Categories: Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Chaos for Employment-Based Green Card Applicants July 5, 2007 My fellow immigration lawyers and I find ourselves reeling after two notices issued by the State Department in the past three weeks. First, on June 13, 2007, the State Department issued its July, 2007 visa bulletin. As many of you know, this bulletin comes out each month and announces visa availability in family-based and employment-based categories for the upcoming month. At times the availability is indicated by listing cut-off dates in particular categories, and any applicant in that category with a priority date prior to the cut-off date listed should have access […]

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25 01, 2007

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation

By |2007-01-25T14:00:36-06:00January 25th, 2007|Categories: DHS / Immigration and Customs Enforcement (ICE), Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation January 25, 2007 While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is exactly what the Court did on December 5, 2006 when it issued its decision in Lopez v. Gonzalez , 549 U.S. __, 2006 (Dec. 5, 2006). Jose Antonio Lopez has been a lawful permanent resident in the U.S. since 1990. In 1997 while living in South Dakota he was arrested, charged with, and plead guilty to, aiding and abetting the possession […]

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11 01, 2007

Can PERM Applications Lead to a Green Card in Less Than a Year?

By |2007-01-11T14:00:36-06:00January 11th, 2007|Categories: Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S.|

Can PERM Applications Lead to a Green Card in Less Than a Year? January 11, 2007 Unless the worker has a Master’s Degree or equivalent AND generally, is in lawful immigration status (if in U.S.), the answer is NO. The discussion below is mainly a response to the common misconception that quick PERM processing necessarily means quick permanent residence/green card processing. Firstly, what is PERM? PERM stands for PROGRAM ELECTRONIC REVIEW MANAGEMENT, and is the online application for alien labor certification – an application filed with the U.S. Department of Labor by an employer to facilitate U.S. permanent residence on behalf […]

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