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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 … Continue reading “Court Holds That K-4 Visa Applicant Cannot Adjust Status On Own Marriage” 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 … Continue reading “New York State To Combat Immigration Consultant Fraudsters” 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 … 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 … Continue reading “8.5 Million Lawful Permanent Residents Eligible to Naturalize” 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 … Continue reading “Are You Unknowning Discriminating With E-Verify? Beware!” 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 … 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 … Continue reading “Dreamer Deferred Action Details, Concerns & Warning” Last year, the President and his immigration deputies announced a plan to review 300,000 immigration removal cases and determine, on an individual basis, whether to administratively close the case. Cases are judged based on a number of factors – but generally meant for those individuals who have acted with good moral character. Recently the United … Today, the President took action to alleviate the immigration stalemate within Congress. Using the same authority through which many Presidents have granted temporary protected status, the President set out certain rules that will allow qualifying individuals to gain protection from deportation (and work authorization) for two years at a time. Although the exact details of … The USCIS has announced that it has received enough petitions to meet the regular H-1B visa cap and the masters H-1B visa cap. The Masters cap was met on June 7, 2012, and the regular cap was met yesterday, June 12, 2012. Future posts will discuss what options are available in lieu of the H-1B. … Continue reading “Both H-1B Visa Caps Met for Fiscal Year 2013” The mad rush is on and it is unlikely that H-1B visa cap will remain open for more than a few weeks. The H-1B cap season began on April 1st with 20,000 Master Cap H-1B visa slots available and 65,000 normal H-1B visa slots available. Currently, only 1,300 Master Cap and 9,400 normal H-1B visa … CBS Sunday Morning Show recently reported a feel good story about a high school rocket science club from Presidio, Texas. The club, from an impoverished part of Texas appeared a bit out of place as it competed in a national rocketry competition with clubs from well-off school districts. Despite their appearance, the club competed just … Continue reading “Aerospace Teacher of the Year Seeks Immigrant Visa To Stay In United States” The USCIS has announced its decision to begin stateside processing of the I-601 application by individuals who are determined to be ineligible for admission to the United States by U.S. consulate officials overseas. The change is meant to make for a more consistent and efficient processing of the applications. Currently, if a person is determined … A common question that potential clients routinely ask me is: How much does the marriage visa process cost? Most potential clients I speak to know some of the costs – but not all. The following is meant to outline the costs involved when the foreign national spouse is outside of the United States. Part I … Continue reading “How Much Does the Marriage Visa Process Cost? Part II: Outside the United States” The USCIS has updated its numbers for the 2013 H-1B Visa Cap. The newest numbers show a quickening pace towards the H-1b visa cap. Given the current pace, it is possible that the numbers will be exhausted by July 1st – if not before. Here is just 20% of the H-1B Master’s Cap that remains … Continue reading “H-1B Visa Cap Update: Will the H-1B Visa Be Exhausted by July 1?” |
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