THE STORY: Days before marijuana is set to be legalized in Canada, the U.S. reversed a decision that would have possibly banned workers in the Canadian marijuana industry from entering the U.S. THE CONTEXT: In June, Canada became the second nation in the world to pass legislation that would legalize and create a market for marijuana. The country is set to officially legalize cannabis on October 17th, creating what is expected to be a … [Read more...] about Arrivals: This Week in Immigration News (10.8.2018 – 10.12.2018)
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Asylum for LGBT People
Can LGBT people apply for asylum? The short answer is yes. Those who are LGBT or perceived as LGBT can be defined as a "social group" for asylum purposes. Applicants must still meet the general requirements. Asylum is for people who have suffered past persecution or who fear future persecution based upon a protected category. LGBT is a social group that counts as such a category. What kind of LGBT asylum cases have you worked on? LGBT … [Read more...] about Asylum for LGBT People
Arrivals: This Week in Immigration News (10.1.2018 – 10.5.2018)
THE STORY: Thousands of international students who are recent graduates could lose their jobs because of delays in the processing of their H-1B visa applications. THE CONTEXT: Foreign nationals who study in the U.S. are required to get a work visa after their student visa expires if they wish to continue working in America, and more often than not, that work visa is the H-1B visa. The problem is, securing an H-1B visa in a timely fashion … [Read more...] about Arrivals: This Week in Immigration News (10.1.2018 – 10.5.2018)
L-1A vs. L-1B Visa
This post will serve to highlight a few key differences between the two types of L-1 visas from a functional and strategic planning point of view. Since the specific definition and requirements of the L-1A visa and L-1B visa have been discussed in previous posts, we will start with a brief overview of each option as a reference. Broadly speaking, the L-1 is a nonimmigrant visa option for employees of companies located abroad. This … [Read more...] about L-1A vs. L-1B Visa
Arrivals: This Week in Immigration News (9.24.18 – 9.28.18)
THE STORY: Congress is considering whether to remove caps for green cards based on immigrants' country of origin. The move would speed up the application process for hundreds of thousands of Indian and Chinese immigrants awaiting green cards. THE CONTEXT: As it stands in the U.S., there are a certain number of green cards allotted to each country. While immigration officers can reassign green cards from countries that haven't met their … [Read more...] about Arrivals: This Week in Immigration News (9.24.18 – 9.28.18)
Immigration Court Hearings
I’ve just received a Notice to Appear (NTA) telling me I am in removal proceedings. What can I expect at the Immigration Court? The Notice to Appear (NTA) is the charging document which places a non-US citizen into removal proceedings (formerly called “deportation” proceedings). The document contains a list of “charges,” in other words, the accusation as to why the non-citizen is deportable from the United States. In the Immigration … [Read more...] about Immigration Court Hearings
Arrivals: This Week in Immigration News (9.17.18 – 9.21.18)
THE STORY: The Department of Homeland Security is trying to revise key parts of the H-1B visa. The proposed changes would revise the definition of a speciality occupation, potentially making it more difficult for foreign workers to secure H-1B visas. THE CONTEXT: H-1B visas are temporary visas for foreign workers in speciality occupations. The H-1B has become one of the most standard ways for highly skilled foreign workers and … [Read more...] about Arrivals: This Week in Immigration News (9.17.18 – 9.21.18)
Our I-751 has been denied, now what?
First, let's discuss what an I-751 is... A I-751 is a petition that is filed to remove the conditions on US residency. If a couple is married for less than two years when their initial marriage-based green card case is adjudicated, the non-US citizen spouse is given conditional residency. This residency lasts two years. 90 days prior to the expiration of that conditional status, the conditional resident is required to file an I-751, … [Read more...] about Our I-751 has been denied, now what?
Arrivals: This Week in Immigration News (9.5.18 – 9.12.18)
THE STORY: On Tuesday, U.S. Citizenship and Immigration Services enacted a new policy that provides officers with the discretion to deny any visa or green card application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when the application is submitted without the required evidence. THE CONTEXT: Since President Trump signed an executive order in 2017 ordering his administration to further enforce … [Read more...] about Arrivals: This Week in Immigration News (9.5.18 – 9.12.18)
Arrivals: This Week in Immigration News (8.31.18 – 9.7.18)
Introducing Arrivals, a weekly series that highlights three of the biggest stories in U.S. immigration news from that week. -- THE STORY: The Trump administration is making it more difficult for legal immigrants to live and work in the U.S. Businesses from hotels to tech companies are saying they are having trouble filling roles with the foreign employees they usually rely on. THE CONTEXT: Trump made it clear on the campaign trail … [Read more...] about Arrivals: This Week in Immigration News (8.31.18 – 9.7.18)