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)
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
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)
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?
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)
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)
Reversing a long standing policy, the USCIS now denies advance parole applications when a green card applicant travels outside of the US while their advance parole application is pending. Prior to the reversal, the USCIS did not deny pending advance parole applications when an applicant traveled during its pendency. In many scenarios the new policy of denial when travel occurs during pendency is a moot point, as the green card applicant … [Read more...] about Denial of Pending Advance Parole Applications
I heard that there was a recent change to how the Government will schedule asylum interviews. Can you tell me more about that? Applying for asylum has always been a difficult and complicated process, one in which an experienced asylum lawyer is essential. This is truer than ever, especially with recent changes in asylum procedures that were announced by the Administration at the end of January 2018. Basically, the changes can be … [Read more...] about Changes to Asylum Procedure
Deferred Action for Childhood Arrivals (DACA) is at the top of the news headlines again. What is going on, and where do we go from here? On September 5, 2017, the executive branch announced that DACA would be brought to an end. In addition, it was announced that only a very small number of renewal applications would be accepted, namely from those DACA recipients whose DACA status would be expiring between September 5, 2017 and March 5, … [Read more...] about DACA, What Now?
Everyone’s favorite time of year is right around the corner. No, I am not talking about Valentine’s Day or Spring Break…I am talking about H-1B cap season. It seems like only yesterday we were filing a batch of H-1B cap cases. This is particularly true since we are still dealing with the fallout of the increased scrutiny experienced by H-1B cap case applicants and their employers under President Trump’s Buy America, Hire America … [Read more...] about H-1B Lessons for 2018