Lawful Permanent Residence in the U.S.

21 03, 2017

Applying for U.S. Citizenship: The Top 4 Things That Matter

By |2020-05-01T18:20:10-05:00March 21st, 2017|Categories: Citizenship / Naturalization and the N-400 Application, 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, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 21, 2017   To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship.   That is, for whatever reasons or no reason, a green card holder has the option of living the rest of their life in the U.S. without seeking U.S. citizenship.    Of course there are downsides to such a decision, such as having to renew a green card every 10 years, not having the right to vote, and having limits on the type of immigration petitions you can file on […]

31 01, 2017

This Past Weekend’s Executive Action, Shock and Awe

By |2017-01-31T09:58:04-06:00January 31st, 2017|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Foreign Exchange Student Visas to the U.S., General, Green Cards, 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|

Published January 31, 2017   Lightning struck, in a bad way, for U.S. based or U.S. bound nationals of seven countries this past weekend.  Citizens and nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and who are:  a) current or prospective U.S. lawful permanent residents or refugees or b) current or prospective temporary U.S. visa holders, find themselves in the most toxic of immigration scenarios they could have ever imagined, at least for the next 90 days. For prospective Syrian refugees, the door to the U.S. has been shut indefinitely.   With the stroke of a pen, President Trump immediately interrupted […]

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 […]

9 11, 2016

Do Not Panic

By |2016-11-09T16:22:17-06:00November 9th, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, immigration reform, 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.|

Published November 9, 2016 Panic is rarely a useful response to a stressful situation.   In the U.S. immigration arena in the aftermath of Donald Trump’s election to the U.S. presidency, panic is neither useful nor necessary. Yes, he spoke about a wall. Yes, he spoke about rounding up all undocumented immigrants. But did he mean it? If he said it, why wouldn’t he mean it? If he did mean it, what laws and political realities should the undocumented be aware of? Will our nation’s undocumented be rounded up for deportation? Very, very, very unlikely. While Trump made such an initiative a hallmark of his primary campaign, […]

4 10, 2016

Registration for 2018 Green Card Lottery Ends November 7, 2016

By |2016-10-04T09:30:28-05:00October 4th, 2016|Categories: General, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Uncategorized, Visa Lottery and Diversity Visas to the U.S.|

Published October 4, 2016   The Green Card Lottery (DV-2018) As in years past, millions of people from all over the world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from eligibility are natives of Bangladesh, Brazil, Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and Vietnam.  These specified, excluded countries are considered to be “high admission” nations, and Congress’ purpose in establishing the visa lottery program was to provide […]

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 […]

24 08, 2016

True or False: Donald Trump Means What He Says

By |2016-08-24T09:30:34-05:00August 24th, 2016|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Green Cards, immigration reform, 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.|

Published August 24, 2016   Over the past year I have watched the Donald Trump for President phenomenon with keen interest.   My attraction mostly had to do with Trump’s focus on immigration, his claims that it is at the root of so many of our society’s problems, and how he has the answers to these problems.     No less interesting to me is the wave of popularity Trump has ridden, despite asserting extreme or disparaging generalizations regarding Mexicans, Muslims, women and others.  And yes, eventually there were the public mockings of a disabled person and the parents of a fallen war hero.  […]

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 […]

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 […]

19 06, 2016

When an Employer Petitions a Relative for Green Card

By |2016-06-19T08:28:14-05:00June 19th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S.|

Published June 19, 2016   In the vast majority of cases where an employer looks to facilitate permanent resident (green card) status for a foreign national, the employer, as a first step, will generally be required to document the unavailability of U.S. workers to fill the position at issue.   Whether that foreign national is in the U.S. or still abroad, the employer will usually need to carry out a “good faith” test of the labor market – per Department of Labor regulations and via print ads and sometimes electronic media – and document that efforts to fill the position being offered […]

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