Lawful Permanent Residence in the U.S.

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 […]

2 11, 2001

Expediting the Labor Certification Process

By |2001-11-02T14:00:36-06:00November 2nd, 2001|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S.|

Expediting the Labor Certification Process November 2, 2001 Without a U.S. family member to commence an immigration process, many individuals in the U.S., regardless of their status, must resort to an employment-based immigration filing as a vehicle toward achieving U.S. permanent residence, or “green card” status. And aside from nurses, physical therapists, religious workers, multinational corporate executives or managers, most such applicants must institute a process called “labor certification”, where a sponsoring employer must document the unavailability of U.S. workers to perform the position the foreign worker seeks to fill. In most cases, the labor certification process, if successful, will yield […]

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 […]

31 05, 2001

1 Year Filing Period Begins for Late Amnesty Class Members

By |2001-05-31T14:00:36-05:00May 31st, 2001|Categories: Amnesty for Immigrants in the U.S., Employment Authorization / Work Cards in the U.S., Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

1 Year Filing Period Begins for Late Amnesty Class Members May 31, 2001 Starting June 1, 2001 and continuing for a one year period, those who have previously applied for membership as plaintiffs in the CSS, LULAC or Zambrano class action lawsuits, otherwise known as late amnesty class members, will finally have a chance to be considered for U.S. lawful permanent residence once and for all. Although the legislation behind this new immigration avenue was enacted some five months ago, the U.S. Immigration & Naturalization Service has finally gotten around to publishing implementing regulations – with an expected release date of […]

16 05, 2001

Immigration Legislation Now Pending in Congress

By |2001-05-16T14:00:36-05:00May 16th, 2001|Categories: Amnesty for Immigrants in the U.S., Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Immigration Legislation Now Pending in Congress May 16, 2001 Firstly, as of May 16, 2001, Section 245(i) of the Immigration and Nationality Act has not been extended beyond April 30, 2001. Among the bills now being considered by Congress, however, are at least 2 proposals for the extension of Section 245(i). A piece of legislation sponsored by U.S. Representative King (Republican, NY) would extend the deadline to accept applications to be covered under 245(i) through October 31, 2001. Another proposal, introduced by U.S. Representative Rangel (Democrat, NY) would extend the deadline even further, through April 30, 2002. Also, as has been […]

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 […]

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 […]

8 02, 2001

More Follow Up Discussion on the New Immigration Law – Particularly, Section 245(i).

By |2001-02-08T14:00:36-06:00February 8th, 2001|Categories: Amnesty for Immigrants in the U.S., 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., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

More Follow Up Discussion on the New Immigration Law – Particularly, Section 245(i). February 8, 2001 Follow up discussion on the finer points of the new immigration law is definitely in order. Conversations I have with new and old clients inquiring into the exact nature of the new law reveal the rampant spread of misinformation and myth in many immigrant communities. At the risk of repeating some of the information featured in previous columns, below is my response to some of the more common misunderstandings and questions: Q: That new amnesty law – how do I apply and where can I […]

11 01, 2001

The New Immigration Law – A Discussion of the Most Common Inquiries and Concerns

By |2001-01-11T14:00:36-06:00January 11th, 2001|Categories: Amnesty for Immigrants in the U.S., 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., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The New Immigration Law – A Discussion of the Most Common Inquiries and Concerns January 11, 2001 It comes as no surprise to me that the new immigration provisions recently signed into law, the Legal Immigration & Family Equity Act (“LIFE”), have generated a great deal of confusion. The population impacted most by this legislation is a desperate and anxious one, and given those conditions, the tendency is for the affected individual to react in any number of ways where a clear sense of things is hard to achieve. The feelings I have witnessed among my clientele fill the spectrum: fear, […]

21 12, 2000

A New Window Toward Permanent Residence is Opening: Reinstatement of 245(i) Included

By |2000-12-21T14:00:36-06:00December 21st, 2000|Categories: Amnesty for Immigrants in the U.S., Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

A New Window Toward Permanent Residence is Opening: Reinstatement of 245(i) Included December 21, 2000 By the time this column goes to print, Congress will have finished up its business for the year and President Clinton will have likely signed a new budget bill which includes major immigration legislation allowing for the possibility of permanent residence for many individuals now living illegally in the U.S. First and foremost, however, it should made clear that the new law is not an amnesty law. Except as discussed below, the new legislation does not grant amnesty to any class of undocumented individuals. Highlights of […]

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