Clarity and Strength in Immigration Law

Permanent Residence (Green Cards)

Form I-485: Latest Victim of USCIS Form Changes

July 5th, 2017
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Posted by Emily Sumner

USCIS has a habit of making sweet and short forms much longer and more complicated. This is not to say that just because a form is short, it’s less complex. If you have dealt with US immigration before, you know that completing the forms correctly can make or break a case. In recent months, USCIS […]

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Visa Bulletin Predictions – June 2017

July 5th, 2017
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Posted by Emily Sumner

In June, Charlie Oppenheim, the “man behind the curtain” for the visa bulletin spoke with AILA and provided the following insights and predictions for green cards:  EB-1 China and India: this category will not be current again until October 1, 2017 EB-2 Worldwide: A cut-off date will be established in the August visa bulletin! This […]

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Do You Really Need My Birth Certificate for the Green Card Application?

June 28th, 2017
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Posted by Emily Sumner

When a foreign national is applying for permanent residence in the US, whether through consular processing or through adjustment of status in the US, a copy (and original) of the foreign national’s birth certificate is generally required. We list this document on our document checklists, and clients often say things like: I don’t have my […]

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Visa Bulletin Predictions – June 2017 and Beyond

May 9th, 2017
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Posted by Emily Sumner

The man behind the visa bulletin, Charlie Oppenheim, has recently shared some of his predictions and insights into the visa bulletin with the American Immigration Lawyers Association (AILA). The highlights include: EB-1 and EB-2 Worldwide: There has been a “dramatic” increase in the demand in these categories, and there may be a cut-off date over […]

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Can I Visit the US While the I-130 Petition Is In Process?

May 2nd, 2017
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Posted by Emily Sumner

When we assist couples or families with the I-130 petition and consular processing, or the K-1 fiancée visa, clients often ask if the foreign national family member can enter the US to visit while the petition is in process, or while waiting for the consular processing portion of the process to play out. Our answer […]

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INA § 264(e) – Documentation of Immigration Status

March 8th, 2017
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Posted by Emily Sumner

Several clients have recently asked about the requirement to carry documentation of their immigration status with them at all times. This is not a new requirement. The requirement comes from the Immigration and Nationality Act (INA)  § 264(e), which states:   (e) Every alien, eighteen years of age and over, shall at all times carry […]

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Travelling in the Age of Trump

February 9th, 2017
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Posted by Emily Sumner

Many of our clients, including H-1B visa holders, are concerned about traveling outside of the US and returning in light of Mr. Trump’s recent executive orders. As of the time of this writing, the “travel ban” that was the center of one of the executive orders has been temporarily stayed. Therefore, travel has generally resumed […]

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Trump and H-1Bs: What’s Going On?

January 31st, 2017
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Posted by Emily Sumner

Our office is fielding lots of questions these days from H-1B employees and employers wondering how the H-1B program will be affected by the new administration, and/or by new laws that are currently being proposed in Congress. The short answer is that we just don’t know what will happen in the future, but that there […]

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Immigration-Related Executive Orders: Week of Jan 23

January 31st, 2017
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Posted by Emily Sumner

The media and social media has been abuzz this past week about the recent Executive Orders that Mr. Trump has signed. Two orders were published on January 25, 2017 regarding immigration policy—“Border Security and Immigration Enforcement Improvements” & “Enhancing Public Safety in the Interior of the United States”. A third, “Protecting the Nation from Foreign […]

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Conditional Residence: How to Remove the Conditions of a Marriage-Based Green Card

November 15th, 2016
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Posted by Emily Sumner

What is Conditional Residence? When a US citizen spouse or permanent resident petitions for a green card for their foreign national spouse and the couple has been married for less than two years as of the time the residency is approved, USCIS will grant conditional residence. When a person has conditional residence, the green card […]

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