YOU SAID “I DO” – NOW WHAT? MARRIAGE BASED GREEN CARD INTERVIEW An alien (no not the kind from outer space) and a U.S. citizen have fallen in love and gotten married. The desire to obtain permanent residency in the United States is followed by filing a marriage based immigration petition. After all the paperwork… Continue Reading
Discussion of immigration issues, news, legal developments, and more
HOW TO WRITE AN AFFIDAVIT TO SUPPORT A MARRIAGE BASED IMMMIGRATION PETITION
Affidavits are widely used in immigration cases. In many cases, affidavits can be submitted in connection with an immigration petition. For example, in marriage based immigration petition, affidavits of third parties are often submitted to prove the bona fide marital relationship between petitioner and the alien. What is an affidavit? An affidavit is a declaration… Continue Reading
Re-entering the U.S. with a Valid I-94 Form & Expired Visa (Automatic Revalidation)
An H-1B visa holder intended to take a cruise trip to Mexico with his family. His only concern is that the H-1B visa is expired even though his I-94 is still valid. Can he take the trip and return to the United States without a valid visa? The answer is that he may be able… Continue Reading
Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation
WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in… Continue Reading
How Immigration Enforcement Works (or Doesn’t) in Real Life
A new report by the Center for Immigration Studies, “Deportation Basics: How Immigration Enforcement Works (or Doesn’t) in Real Life,” discusses the ground-level process of what is now called “removal proceedings” and the issues that surround it. The report is available at here. Among the findings: •A large percentage of aliens flee from removal proceedings… Continue Reading
Pulitzer Prize Winner Jose Antonio Vargas’ life as an undocumented immigrant
You can read the New York Times article here.… Continue Reading
Obama’s 05-10-11 Remarks on Immigration Reform
In a sweeping seech in El Paso, Texas, on Tuesday, President Obama rallied voters to unite in support of comprehensive immigration reform – a longstanding campaign promise on which he has yet to deliver. While immigration rights activists largely approved of the sentiment behind the gesture, many argue that more action must be taken –… Continue Reading
USCIS Fact Sheet On Public Charge
Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically… Continue Reading
USCIS Issued FAQ on Gap between F and H status
USCIS issued an FAQ today that discusses the automatic extension of post-completion Optional Practical Training (OPT) and F-1 status in the U.S. for students with pending or approved H-1B petitions for an employment start date of 10/1/11, under the Fiscal Year 2012 H-1B cap. Which petitions and beneficiaries qualify for a cap-gap extension? H-1B petitions… Continue Reading
US Labor Department announces protocols for certifying U visa applications
WASHINGTON – The U.S. Department of Labor announced protocols to complete the portion of the U visa nonimmigrant status application requiring certification by a law enforcement agency that the applicant is a victim of a qualifying crime and willing to cooperate with law enforcement in the investigation and prosecution of that crime. U visas, as… Continue Reading