Recently there has been an increase in denials for the Provisional Unlawful Presence Waiver based on the “Reason to Believe” standard that USCIS officers are implementing when adjudicating the case. To understand the importance of this new standard, there are a few facts to understand regarding the Provisional Hardship Waiver.…
As many of our readers know, Green Card holders can not confer immediate benefits on Spouses and Children under 21. There is a waiting period determined by the Visa Bulletin. But according to the August 2013 Bulletin, the F2A category (Spouses and Children of Permanent Residents), will become current. What…
In a recent news report, Former President George W. Bush made statements that threw his weight behind comprehensive immigration reform during an interview that aired Sunday on ABC’s “This Week,” saying it is “very important” Congress fixes a “broken” immigration system, and predicting that a comprehensive bill “has a chance…
With the focus now shifted to the House to work on the immigration bill the Senate recently passed, it would seem like common sense that the situation for DREAMers would see some improvement since Obama instituted his own Dream Act. A recent look at the laws of some states clearly…
As many Americans are about to celebrate 4th of July, we have to remember that many others among us who truly feel American, can not legally state they are one of us. Let us hope that by the end of this year we could allow many many good people among…
I am still at the American Immigration Lawyers Association Annual Conference in San Francisco. We just finished a panel about LGBT Same Sex Immigration Issues. The confusion is whether Gay Couples can now file for Immigration benefits and how will that work. The representative from Marriage Equality was very helpful…
I am attending the American Immigration Lawyer’s Association National Conference in San Francisco. USCIS Alejandro Mayorkas just stepped down from the podium. He specifically stated that Same Sex couples that are legally married could file I-130 Petitions and Adjustment cases. He said the USCIS kept records of all denied I-130…
The Senate has voted to approve of the Immigration Bill they have drafted and allow the House to consider its proposal by a strong vote of 68-32. With 14 Republicans voting in favor, the Democratic leadership and the bipartisan group of eight senators who drafted the original bill seemed determined…
Today, the United States Supreme Court struck down the Defense of Marriage Act (DOMA), describing the federal law as an assault on fundamental human rights. In his opinion, Justice Kennedy said the law served “no legitimate purpose” to justify the effect of the law, and was a way to “disparage…
The Senate’s immigration-reform bill this week moves into its most critical stretch, with a major border-security amendment under consideration and a final vote on the landmark legislation expected before senators leave Washington for their Fourth of July break. “It is the crucial week — the crucial week,” Sen. John McCain,…