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Immigration Judge Adjusts Status For “Aged Out” K-2 Status Holder

An immigration judge in Charlotte, North Carolina has allowed a K-2 status holder to adjust status to permanent residency despite the K-2 holder having turned 21 before the adjustment of status application’s submission.

K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens. To qualify for the K-2, the child must be …

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Immigration Agency To Adjudicate All Adam Walsh Subject Marriage and Fiance Visas At Vermont Service Center

The Immigration agency has announced plans to adjudicate all marriage and fiance(e) visa applications subject to the Adam Walsh Act at the Vermont Service Center. The Adam Walsh Act requires that the Immigration agency affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if that petitioner has been convicted of …

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USCIS Implements Help Haiti Act of 2010

The USCIS has implemented the Help Haiti Act of 2010. The Act allows the USCIS to grant permanent residency to certain Haitian orphans who were paroled into the United States following the earthquake in Haiti last year. For more information, please visit the USCIS website.

DOJ Issues Employer & Employee No Match Information

The Department of Justice has recently released information for Employers and Employees who have received “no-match” letters from the Social Security Agency. The “no-match” letters are sent when the social security numbers that are provided to the Social Security Agency do not match the social security numbers that the Agency has on record.

The check …

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Hazleton, PA Town To Pay $2.4 Million in Fees From Unconstitutional Immigration Law

Hazleton, PA was one of the first communities in the United States to enact a local law that would fine landlords of undocumented immigrants. Unfortunately for the town, the law has been ruled unconstitutional by the Court System. Even more unfortunate for the town – it will now have to pay $2.4 million in legal …

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What is the Difference Between Naturalization and Derivative Citizenship

Many use the words naturalization and citizenship loosely. Many even use the words interchangeably. However, don’t be confused – these words have distinct meanings and are not interchangeable.

Naturalization refers to the process through which a noncitizen becomes a citizen. The process requires that an applicant meet certain requirements, including having good moral character, being …

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USCIS Provides Information For Immigrant Domestic Violence Victims

In an effort to make its services more widely known, the USCIS has issued information for immigrant victims of domestic violence.

Too often, immigrants who come to the United States are subjected to domestic violence. Often, these abused immigrants believe that their immigration status puts them at a disadvantage in dealing with the domestic violence. …

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USCIS Stops Accepting Concurrent Religious Visa Applications and Adjustment of Status Applications

The USCIS has announced that it will no longer accept the concurrent filing of permanent residency religious visas (“EB-4 Visa” ) with an application for adjustment of status. Since 2009, the USCIS has allowed immigrants applying for the EB-4 visa to file a concurrent adjustment of status application along with a request for employment authorization …

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Clearer Standards Coming To EB 1-1 Visa and EB 1-2 Visa?

As previously mentioned, the USCIS has issued a preliminary memorandum concerning changes it is considering making to the EB 1-1 and EB 1-2 Visa category. The impetus for the memorandum is the Ninth Circuit’s Kazaran decision, which criticized the USCIS for creating novel interpretations of the EB 1-1 and EB 1-2 criteria.

The preliminary memorandum …

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USCIS Fees To Rise November 23, 2010

The Department of Homeland Security has finalized its change of fees for immigration petitions. Effective November 23, 2010, the following fees will be in effect:

Application/Petition Description Current Fees Proposed Fees I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker …

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Unauthorized Immigrants Contribute $120-240 Billion to Social Security System

A Washington Post article recently quoted Stephen C. Goss, the Chief Actuary of the Social Security Administration, as stating that undocumented immigrants have contributed between $120 billion and $240 billion to the Social Security Administration. This contribution is made without any likelihood that any of these immigrants will ever receive any benefits. In other words, …

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NY Schools Reminded What Not To Ask

The New York State Education Department recently sent a memorandum to school districts reminding them that it is inappropriate for them to ask for information or documentation about a student’s immigration status. The memorandum was written by the Department’s attorneys and references a 1982 Supreme Court Decision that recognized the right of all children to …

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Building Walls With Our Neighbors

The “Let’s build a Wall” debate is center stage in the discussion surrounding Comprehensive Immigration Reform. A secondary story to that debate is the destructive effect that “enhanced” border security is having on the communities along the Northern border. For hundreds of years, Canadians and Americans have developed towns, cities, and communities along the border. …

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Military Naturalization Provisions

Did you know that certain qualifying military personnel and veterans can apply for naturalization without having to pay any government filing fees? Qualifying foreign nationals can save up to $675 by using one of the special military naturalization provisions.

Sections 328 and 329 of the Immigration and Naturalization Act (INA) are the special naturalization provisions …

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Sadly True Immigration Comedy

I often describe the immigration process as a long, arduous road. Immigrating to the United States is a process that has many hoops and pitfalls. Unfortunately, many would-be immigrants are not aware of the pitfalls until it is too late.

Here is just one Australian’s long path to American permanent residency.