Change of Filing Location for Form I-129F, Petition for Alien Fiancé(e)

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F). The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to … Read more

USCIS Updated H-1B Counts

On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers.  Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap.

USCIS Issued A Revised FAQ on Federal Contractors and E-Verify

In April 2010, the United States Citizenship and Immigration Service (“USCIS”) issued a revised Frequently Asked Questions on Federal Contractors and E-Verify. The FAQ addresses what Federal contracts are impacted by the Federal Acquisition Regulation (FAR), what employees are impacted by FAR, information regarding the initiation of E-Verify inquiries, how the rule impacts subcontractors and … Read more

Removing Conditional Status While Divorce is not Finalized

Conditional resident aliens are required to file a Form I-751 within 90 days before the second anniversary of the date on which the alien obtained permanent resident. If the marriage is terminated by divorce, the resident alien can file a waiver of the joint petition requirement. However, if the divorce is filed but not finalized … Read more

Traveling Outside the U.S. as an Asylum Applicant, an Asylee or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status

USCIS on January 4, 2007 issued a “fact sheet” regarding traveling outside the U.S. as an asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status. Those people are subject to special rules. For an asylum applicant, if he leaves the U.S. without first obtaining advanced parole, he will … Read more

Criminal Defense Counsel Has a Sixth Amendment Obligation to Inform a Defendant About Immigration Consequences

Supreme Court holds that criminal defense counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when  consequences are clear. http://www.supremecourt.gov/opinions/09pdf/08-651.pdf The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years.  His criminal defense lawyer advised him on the guilty plea … Read more

K3 Process and Approved I-130 Problem

Many petitioners after the filing of I-130 for their foreign spouses choose to file an I-129F so that their spouses can get a K3 visa to enter the U.S. to await the approval of the previously filed I-130. Normally, the I-129F petition will be approved before the I-130 petition. However, sometimes, before the foreign spouse’s … Read more