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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

Global Usage of New Form DS-160 by Non-Immigrant Visa Applicants Expected April 30, 2010

Posted on December 16, 2009
The U.S. Department of State (DOS) reports that no later than April 30, 2010, all non-immigrant visa applicants worldwide will be required to use web-based form DS-160. The DS-160 form will combine the previous forms DS-156 and DS-157 and 158. Since not all U...

Apply for Advance Permission to Enter U.S. As a Non-Immigrant if Inadmissible

Posted on December 15, 2009
Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following: Communicable disease; Criminal record involving crimes of moral turpitude; Possession of or trafficking in a controlled substance; Trafficking persons; Involved in money laundering; Previously removed (deported) or previously overstayed a period of admission to the U...

Introduction of Immigration Reform Bill Jump Starts Reform Talks Going Into 2010

Posted on December 15, 2009
This press release is from the Immigration Policy Center: December 15, 2009 Washington D.C. - Today, Congressman Luis V. Gutierrez (D-IL) introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), in the House of Representatives...

Four Immigration Programs Extended Through September 2012

Posted on December 14, 2009
The following U.S. Citizenship and Immigration (USCIS) programs have been extended until September 30, 2012: E-Verify Immigrant Investor Pilot Program (EB-5) Special immigrant visa category for non-minister religious workers Conrad 30 USCIS will continue to accept and process the petitions/applications for the programs that have now been extended to September 30, 2012...

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Proposal to Increase Non-Immigrant Visa Application Fees

Posted on December 14, 2009
The U.S. Department of State (DOS) published a proposed rule today to increase the non-immigrant visa (NIV) application processing fees, also called Machine-Readable Visa (MRV) and Border Crossing Card (BCC) fees. The increase would apply to NIV in passports and to BCC issued to applicants in Mexico...

Rep. Gutierrez to Introduce Immigration Reform Bill January 15

Posted on December 11, 2009
As pointed out by the Immigration Policy Center: Today, Rep. Luis V. Gutierrez (D-IL.), announced that he will be introducing a comprehensive immigration reform bill in the House of Representatives on Tuesday, December 15, 2009. Congressman Gutierrez said 'We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President...

Tidbits From Ruben Navarrette, Jr.

Posted on December 09, 2009
On December 8, 2009, Ruben Navarrette, Jr., a Syndicated Columnist and Editorial Board Member for the San Diego Union-Tribune was in Dallas, Texas to talk about 'Business Immigration Reform." He provided some interesting immigration facts. The following are a few excerpts...

Quick Bits of Immigration Info

Posted on December 07, 2009
Foreign nationals in the United States with lost or stolen passports or I-94 cards may file for an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document with the Immigration Service. Applicants may apply by submitting Form I-102 with the applicable filing fee of $320...

Remittances to Mexico Fall 36%

Posted on December 02, 2009
This news item is from the Wall Street Journal. Apparently the condition of the U.S. economy is so bad that immigrant workers here cannot send home the money they did in past years. The Bank of Mexico said Tuesday that remittances to Mexico fell 36% to $1...

Three Types of Site Visits

Posted on November 25, 2009
The Chief of Staff of U.S. Citizenship and Immigration Service's (USCIS) Fraud Detection and National Security (FDNS) office explained three different types of site visits being conducted by USCIS. Risk Assessment Program Fraud Study: program is part of a study to help design profiles of potential fraud...

Editorial: Obama's Bold Step On Immigration Reform

Posted on November 23, 2009
This excellent editorial appeared recently in the Dallas Morning News: The Obama administration deserves credit for tenacity. Like Rocky Balboa after being battered and bloodied by successive bouts on Capitol Hill over health care and the economy, the administration keeps coming back for more...

Secure Communities Program Update

Posted on November 19, 2009
The Department of Homeland Security (DHS) and Immigration Customs Enforcement (ICE) announced that the Secure Communities Initiative, which launched this year, has identified more than 110,000 criminal aliens. ICE initiated the Secure Communities Program, which partners with local law enforcement agencies, to identify and remove criminal foreign nationals...

Pilot Program for Travelers on Flight 6

Posted on November 18, 2009
On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6...

Secretary Napolitano Makes the Case for Comprehensive Immigration Reform

Posted on November 13, 2009
'If we are truly going to fix a broken system, Congress will have to act' The following is a statement from Lynn Tramonte, Deputy Director of America's Voice: We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform...

DNA Testing During Visa Application Process

Posted on November 11, 2009
Individuals unable to provide documentation to prove a biological relationship may prove the biological relationship through DNA testing. The DNA testing is the only acceptable non-documentary method, and only if no other credible proof of the relationship exists...

H-3 Trainee Visa Category

Posted on November 04, 2009
The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians)...

Senate Measure Gives Rights to Widows of Citizens

Posted on October 28, 2009
In a long-overdue move, the Senate last week approved a law that would stop the so-called "widows penalty" in immigration situations. Until now, if an immigrant had an application for permanent residency on file based on marriage to a U.S. citizen, and the citizen died within the first two years of the marriage, the application was annulled and the immigrant was deported...

Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act

Posted on October 26, 2009
Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible. There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States...

L-1 Visas for Foreign Employees Seeking Intra-Company Transfers to the U.S.

Posted on October 23, 2009
Generally, foreign nationals who are employed with a company abroad and who wish to enter the United States to continue working for the same employer, subsidiary, branch office, or affiliate may enter the United States via the L-1 Nonimmigrant Visa for Intracompany Transfer...

Latino in America - Tonight on CNN

Posted on October 22, 2009
This excellent program airs tonight on CNN at 8:00 p.m. Central Time. You can read about it at the CNN Web site.

Don't Try To Use A B-1/B-2 Tourist Visa If You Plan To Become A Student

Posted on October 19, 2009
Attorney Eugenia Ponce recently had a telephonic consultation with a client who wanted to enter the United States on a B-1/B-2 tourist visa to visit various universities throughout the United States and to attend admissions interviews. He wanted to know what the student visa requirements were and whether he would face any challenges if he tried to obtain his student visa while in the United States on a tourist visa...

Standardized Agreements - ICE and State and Local Law Enforcement

Posted on October 16, 2009
Just announced today, a standardized agreement was developed in an effort to ensure uniformity between 67 state and local law enforcement agencies and the U.S. Immigration and Customs Enforcement (ICE). The agreement is in response to program 287(g) initiated this summer in an effort to improve public safety and enhance ICE's presence with local law enforcement agency's by identifying criminal aliens who are a threat to local communities, and removing these criminal aliens...

The H-1B Program: Tips for Employers and Employees During Unannounced Site Visits

Posted on October 12, 2009
The USCIS Office of Fraud Detection and National Security has started an assessment of the H-1B program where they have immigration officers go to the H-1B employers and employees and make unannounced site visits. The unannounced site visits will occur at the place of business that is listed on the H-1B petition, so they will go to the employee's work site...

Important Reminder for Diversity Visa Lottery (DV-2011) Applicants

Posted on October 01, 2009
The Diversity Visa lottery (DV) for the fiscal year 2011 must be submitted electronically between noon, October 2, 2009, and noon November 30, 2009. The entry form (E-DV) must be submitted online during the registration period available at www.dvlottery...

All Employment Based Visas Allocated For Fiscal Year 2009

Posted on September 25, 2009
The U.S Department of State (DOS) has advised that there are no more employment-based visa numbers available for fiscal year 2009, which concludes September 30, 2009. This affects all employment based categories, but particularly applicants in the employment-based non-ministerial fourth category (EB-4)...

All Employment-Based Visas Allocated For Fiscal Year 2009

The Waiver Process

Posted on September 23, 2009
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S. If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar)...

USCIS Web Site Makeover Improves Services

Posted on September 22, 2009
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site. Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report: The updated Web site is organized according to categories...

One Path to Permanent Residence in the United States - The Diversity Visa Lottery Program

Posted on September 21, 2009
Foreign nationals who do not have employment sponsorship or family ties in the United States have another avenue to immigrate to the United States with the Diversity Visa Lottery Program (DV program). Thus, a foreign national does not need to have a U...

Five Tips About Sending Checks to USCIS

Posted on September 16, 2009
Before submitting petitions and applications to U.S. Citizenship and Immigration Services (USCIS), it is vital to make sure the appropriate filing fees for the particular application is included. We've had several queries regarding payment to USCIS in connection with the filing fees...

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