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Court Holds That K-4 Visa Applicant Cannot Adjust Status On Own Marriage

The Board of Immigration Appeals recently determined that a K-4 visa applicant cannot adjust status based upon her marriage to a U.S. citizen. The BIA ruled that the applicant could not adjust status because she had entered the United States on the K-4 visa. Due to the restrictions on the K-4 visa holder, she could …

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New York State To Combat Immigration Consultant Fraudsters

Governor Cuomo has announced that New York State will make a concerted effort to protect its residents from immigration fraudsters who are expected to emerge with the new Dreamers Deferred Action program. As has been discussed previously on this website, Dreamer Deferred Action will allow qualifying individuals to obtain immigration status and work authorization. Many …

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The Blue Moon of Immigration Law: EB-2 Priority Dates Not Current Across the Board

In nature, the Blue Moon is a rare occurrence – it happens only when there are two full moons during one calendar month. Since it takes 28 days to complete a moon cycle, it does not happen too often.

In immigration law, the Blue Moon occurs even more rarely – it is when the Employment-based …

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8.5 Million Lawful Permanent Residents Eligible to Naturalize

The Department of Homeland Security has announced its estimate that there are 13.1 million lawful permanent residents living in the United States. Of those individuals, it is estimated that 8.5 million are eligible to become naturalized citizens.

With over half of the permanent resident population being eligible to naturalize, it bags the question – why …

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Are You Unknowning Discriminating With E-Verify? Beware!

Each year, the number of companies using E-verify is increasing. E-verify provides employers an additional resource to verify the employment authorization of their newly hired employees. However, it is becoming quite clear that many companies are using E-verify in discriminatory ways – often without even knowing their actions are not allowed. Companies must ensure they …

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Second Circuit Confirms K-1 Visa Holders Can Only Adjust Status Through Original K-1 Petitioner

In Caraballo-Tavera v. Holder, the Second Circuit confirmed that individuals who enter the United States as K-1 visa holders cannot adjust status (aka become a green card holder) except through marrying and adjusting status through the original K-1 visa petitioner.

In the case, the applicant had entered the United States as a K-1 visa holder …

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Dreamer Deferred Action Details, Concerns & Warning

Deferred Action For Dreamers

Overview: Recently, the Obama Administration indicated that the government would begin offering Deferred Action to “Dreamers” who meet certain requirements. As the announcement is new, not all of the requirements and/or processes have been finalized. Until more details become available, many immigration lawyers are suggesting that many possible applicants should wait …

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