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Immigration Law

Immigration Law Answers Blog

News, Information, Opinions, and Online Resources for People with Immigration Questions.
By Robert Kraft

Post Frequency: 2.9/day

Last Entry: March 07, 2011 at 17:08:57

What Does "Relatively Short Period of Time" Mean?

Posted on September 15, 2009
Attorney Eugenia Ponce recently wrote a blog post here cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post: Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time...

Good News for a Violence Against Women's Act Petitioner

Posted on August 31, 2009
Attorney Eugenia Ponce of our firm attended an adjustment of status interview last week with our client, based on the client's approved I-360 VAWA petition. A VAWA petition (Violence Against Women's Act) allows the spouse, parent, or child of a U.S. citizen, or a Lawful Permanent Resident (LPR) who was battered or subject to extreme cruelty to self-petition independently of the abusive U...

Surviving Spouses and Children of Deceased U.S. Citizens: Apply For Relief!

Posted on August 31, 2009
Surviving spouses and their qualifying children, whose U.S. citizen spouses died before the second anniversary of marriage, are eligible to request deferred action. Deferred action is filed with U.S. Citizenship and Immigration Services (USCIS) and once granted it allows surviving spouses and children to remain in the United States for a temporary authorized period of time (two years for this program) without being removed from the United States during that authorized time...

Non-Immigrant Visa Suspension in Honduras

Posted on August 26, 2009
Effective today, August 26, 2009, the U.S. Department of State has temporarily suspended non-emergency, non-immigrant visas services in the consular section in Honduras due to the continued political unrest.

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It's Never Too Late To Become A Citizen!

Posted on August 20, 2009
Our client, a 92-year-old citizen of Yugoslavia, who had been a permanent resident of the U.S. since 2000 is going to take her naturalization oath on Friday, August 19, 2009. After 92 years of being a citizen of Yugoslavia, she was ready to apply for U...

Important Message to Eligible Adjustment of Status Applicants Based on Special Immigrant Religious Worker Classification!

Posted on August 18, 2009
The U.S. Department of State has released its September 2009 Visa Bulletin. For the month of September 2009, the visa bulletin displays unavailable visas for the employment-based category – third preference category, other workers, fourth preference category, and certain religious workers...

Notification Requirements for Employers of Religious Workers

Posted on August 17, 2009
A petitioner who sponsored a foreign national based on a temporary religious worker (R-1) visa is required to notify U.S. Citizenship and Immigration Services (USCIS) within 14 days if the R-1 beneficiary is working less than the required number of hours, or the beneficiary was terminated before the expiration of his or her authorized stay...

Additional Airport Locations Utilizing Global Entry Program

Posted on August 13, 2009
U.S. citizens and lawful permanent residents (LPR) of the U.S. who are pre-approved, low-risk travelers are eligible to participate in the Global Entry Program, which allows expedited clearance upon arrival from international travel. The U.S. Customs and Border Protection (CBP) began their pilot system on June 6, 2009, in seven airport locations throughout the United States...

H-1B Cap Still Not Reached

Posted on August 12, 2009
H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification which specifically applies to individuals in a 'specialty occupation...

DS-160 Non-immigrant Online Application Form

Posted on August 05, 2009
Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States...

H-1B Petitions Cap for Fiscal Year 2010 Not Reached Yet

Posted on August 03, 2009
As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed...

Experience at U.S. Consulate in Johannesburg, South Africa - Non-immigrant Visa

Posted on August 03, 2009
We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U...

Severe Penalties for Sham Marriages to Gain Citizenship

Posted on July 28, 2009
On July 24, 2009, the U.S. Immigration and Customs Enforcement (ICE) arrested an Ohio immigration attorney and a businessman on charges of marriage fraud. The Ohio-based immigration attorney and the businessman were alleged to have entered into separate sham marriages with two U...

New Passport Agency Located in Dallas, Texas

Posted on July 22, 2009
U.S. citizens throughout the southwest border region who suddenly have an urgent travel need now have access to a new passport issuance facility. On July 13, 2009, the 22nd U.S. passport issuance facility opened in Dallas, Texas. The Dallas Passport Agency joins the Houston Passport Agency in providing in-person passport services to U...

Lawful Permanent Residents - Keep Trips Abroad Relatively Short

Posted on July 17, 2009
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR's intent was not to return to the U...

Question: I Was Given a 10 Year Visa, Can I Stay in the U.S. the Entire 10 Years?

Posted on July 16, 2009
Answer: NO. Most individuals are not aware that a visa that is placed in a person's passport does not determine the length of authorized stay in the United States. When a foreign national is admitted into the U.S., he or she is issued Form I-94 Arrival/Departure record...

Permanent Residency Based on Employment & Family

Posted on July 15, 2009
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States...

Update on H-1B FY 2010

Posted on July 14, 2009
H-1B visas are a relatively swift path to employment for foreigners with bachelor's degrees and U.S. employers to sponsor them. Each year, the U.S. government makes 65,000 H-1B visas available to qualified individuals on a first-come basis. The cap has been reached every year for the last several years, and for fiscal year 2008, it was reached on the first day of filing...

Non-Immigrants Leaving the U.S. - Don't Forget to Return Form I-94

Posted on July 13, 2009
Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States...

Eight Tips for Proper Filing of Immigration Forms

Posted on July 10, 2009
Certain immigration forms are used to petition U.S. Citizenship and Immigration Services (USCIS) to classify a foreign national for an immigrant or a non-immigrant visa based on either employment or family. Prior to submitting the forms to USCIS, there are 8 simple tips to follow for proper filing...

H-1B Cap Petitions for Fiscal Year 2010 Not Reached Yet

Posted on July 09, 2009
As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed...

Obama Administration to Implement Bush Program Targeting Illegals

Posted on July 09, 2009
The Wall Street Journal reports, "The Obama administration said Wednesday it would implement a Bush-era program aimed at cracking down on federal contractors that hire illegal immigrants." The program will require employers to "check whether employees are entitled to work in the U...

What Is Conditional Residence, and How Do I Remove Conditions?

Posted on July 07, 2009
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status...

Religious Workers - What Do I File With an Adjustment of Status Application?

Posted on July 06, 2009
With the recent implementation by U.S. Citizenship and Immigration Service (USCIS) allowing concurrent filing of Form I-360 Religious Worker Petition and Form I-485 Adjustment of Status Application, most applicants want to know what documents to submit with an adjustment of status (AOS) application...

Information for Travelers to Honduras

Posted on July 06, 2009
The political unrest in Honduras continues, and the U.S. Embassy in Tegucigalpa advises that U.S. citizens restrict travel to necessary trips only on July 6, 2009. A curfew effective July 5 from 6:30 p.m. to 5:00 a.m. July 7 has been imposed by the Honduran government and U...

Honduras Consular Section Closed July 1, 2009 - July 3, 2009

Posted on July 01, 2009
The U.S. Embassy in Honduras announced today that due to the political situation in Honduras, the Consular Section will be closed July 1, 2009 and July 2, 2009. Thus, all non-immigrant and immigrant visa appointments for July 1, 2009, and July 2, 2009, have been cancelled and applicants will be contacted directly for rescheduling appointments...

66 Arrested in North Texas Crackdown on Transnational Gangs

Posted on July 01, 2009
The Dallas Morning News reports that 66 gang members have been arrested in a North Texas sweep. This effort is part of a continuing U.S. Immigration and Customs Enforcement project targeting gangs that operate both in Texas and in other countries including Mexico, El Salvador, Honduras, and Laos...

USCIS Accepting Concurrently Filed Religious Worker Petitions Form I-360 and Adjustment of Status Applications Form I-485

Posted on June 30, 2009
Do you have a pending Form I-360 Special Immigrant Religious Worker Petition? If so, you are now eligible to file an application to adjust your status to permanent resident. On June 25, 2009, in response the district court's order in Ruiz-Diaz v. United States, No...

Notice to U.S. Citizens Traveling to Honduras

Posted on June 30, 2009
The U.S. Embassy recently issued a notice advising U.S. citizens to defer all non-essential travel to Honduras until further notice. This announcement is in response to the current unstable political and security situations. The U.S. Embassy will be open for emergency services but no visa services will be available June 29, 2009...

H-1B Cap Still Not Reached

Posted on June 30, 2009
As of June 26, 2009, approximately 44,800 H-1B petitions have been received and counted toward the 65,000 cap. USCIS continues to accept cap-subject petitions and advanced degree petitions until the 65,000 statutory cap limit is reached. More information is available at www...

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