Diversity Lottery – Opening October 4, 2016 to November 7, 2016
Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as "diversity immigrants." These are immigrants from countries that have historically low rates of immigration to the United States. Persons from the following countries are not eligible to apply, because more than 50,000 people fro...
ASYLUM – It’s not as easy as you may think
I get calls all the time from random people asking about various ways to get their relatives to the United States. In particular, I had person call me yesterday which wanted to get his sister-in-law to the United States and figured that filing for Asylum was the best way possible. So, naturally I educated the person on the basic ...
Applying for a US Passport – No More Glasses: November 1
Starting November 1, 2016, If you are applying for a US Passport and you wear glasses, you will no longer be allowed to wear glasses in your passport photograph. See the full press release from the Department of State.
Understanding Physical Presence and Continuous Residence – Naturalization
Unfortunately, a common problem I see with my clients is the misunderstanding of what all is required for one to become naturalized. The most common issue that people have problems with and do not understand properly are the concepts of continuous residence and physical presence.
Continuous Residence basically means that the a...
DACA – What is going to happen?
As the fog from the 2016 election has lifted, we are now faced with the reality that things are going to change significantly come January 20, 2017. One of the things destined for a significant change is Deferred Action for Childhood Arrivals, also known as DACA. President Elect Trump made it clear that the executive order that g...
DACA – Senators trying to help DACA recipients
Great article in the Guardian from over the weekend that shows that some in the Senate are trying to help those who are recipients of .
601A – Do Not Underestimate the Hardship
Do not underestimate the power of hardships. A hardship, alone, may not seem enough to be extreme. To establish an extreme hardship, it is not necessary to demonstrate that a single hardship, taken in isolation, rises to the level of extreme. Rather, any relevant hardship factors must be considered in he aggregate, not in isola...
Muslim Ban 2.0 – A Brief Synopsis of the Major Provisions
This is a brief summary of the Executive Order issued on March 6, 2017. This order rescinds the Executive Order (13769) issued on January 27, 2017 and creates the following new rules and regulations. A summary of what the Executive Order covers is below:
Who does the ban apply to?
Foreign nationals, who do no...
Lying to Get a Visa – Don’t do it
Why do people lie to get a visa or an immigration benefit? I frankly don't know. But, it seems people lie often to get an immigration benefit, without realizing the consequences of their actions. It could end up haunting them for the rest of their lives.
Section 212(a)(6)(C)(i) provides as follows:
Any alien who, by fraud o...
USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees
WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23.
USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits...