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Visa Lawyer Blog

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Visa Waiver overstay and Marriage Based Adjustment of Status – Update Coming Soon

Here is the latest from the American Immigration Lawyers Association on the Visa Waiver Denials issue. Following reports from AILA chapter USCIS liaisons that a favorable resolution on the question of adjustment eligibility for Visa Waiver Program (VWP) admittees has been reached, AILA Liaision has confirmed that USCIS HQ has…

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EB1 Extraordinary Ability Green Card – Bodyguard of Extraordinary Ability for Celine Dione

Mr. Skokos is, by all accounts, an accomplished security consultant. But the Department of Homeland Security doubts he is at the very pinnacle of his profession, so accomplished the world over that Mr. Skokos, a Canadian citizen who lives in Las Vegas, merits a special visa to live permanently in…

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U Visa – Extensions of status for U derivatives

U nonimmigrant derivatives may apply to extend status with the VSC when the status was initially granted for less than the three years required for adjustment of status under INA §245(m). Although the regulations at 8 CFR §214.14(g)(2) contemplate extensions of U derivative status in cases where the derivative is…

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Marriage Based Adjustment of Status – NBC Liaison Practice Pointer: NBC Interview Notices

This may not be a big issue but worth reporting. Some of our clients have received information from USCIS that interview appointments are scheduled at the National Benefits Center (NBC). If you receive an I-797 Interview Appointment Notice, e-mail, or update from Case Status Online indicating that an interview is…

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L1A Visa Update – New Petitioner Certification Required to Confirm Export Control Compliance

As of February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) will require that all employers filing Form I-129 petitions seeking employment of H-1B, H-1B1, L-1 and O-1A workers certify that they have reviewed Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to ascertain whether or…

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H1B Visa Attorney – USCIS to Begin Verifying Petitioner Data through External Business Information Service (VIBE), more RFE’s?

A few days ago we received a Request for Evidence (RFE) for one of our H1B transfer cases as well for a new H3 visa Petition. The Request was stating that the employer can not be verified in the Validation Instrument for Business Enterprises (VIBE) Program, and the employer must…