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Visa Lawyer Blog

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San Diego Citizenship Lawyer – Should Immigration law favor children of US mothers, over US fathers?

A great program on KPBS this morning covered the case of Ruben Flores-Villar. Flores-Villar, 35, was born in Tijuana, Mexico, but grew up in the San Diego area, in the care of his father and grandmother. When he sought U.S. citizenship in 2006 — to fend off criminal charges of…

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H1B Visa Update – 9,525 cap-subject H-1B petitions received so far by Vermont Service Center

This is the latest update as of Tuesday, April 6, 2010, Vermont Service Center, as of close of business on Monday, April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were “regular” cap, and 2,734 were advanced degree. All cases received before…

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TN Visa Lawyer – Difference between the H1B Visa and The Trade NAFTA (TN) Category

With all the scrutiny around H1B visas these days, clients and lawyers are always seeking alternative visas. There are not many, but we will explore the best options in the next few articles. The Trade NAFTA (TN) category of the North American Free Trade Agreement (NAFTA) North American Free Trade…

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San Diego Immigration Attorney – Visa Issuances and Grounds for Exclusion Policy, 221(g) and Trends

The Congressional Research Service (CRS) issued report on legislative developments in visa policy over the past 20 years and analysis of statistical trends in visa issuances and grounds for exclusion. The conventional wisdom is that the terrorist attacks on September 11, 2001, prompted a substantive change in U.S. immigration policy…

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H1B Consular Process – Third Country Nationals (TCNs) Should Use Caution When Processing Non-Immigrant Visa Applications in Canada

As many readers know, H1B status holders in the US, may apply for visa stamp in Canada. This way avoiding a costly trip the country of origin. Such applicants are called Third Country Nationals. The US Consulate General in Cananda ACCEPTS the following types of NIV applications from Third Country…

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H1B Visas – How to make sure that your petition will be accepted for filing and not be counted against the cap?

Today is the first day that employers may file H1B petitions for FY 2011. We certainly released our cases on time yesterday, and are still open to new cases as long as the H1B cap will remain open. Under current law, an alien can be in H-1B status for a…

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LCA needs to be certified again with H-1B Petition Filing

USCIS has not extended its temporary accommodation for delays in the labor condition application (LCA) process. Earlier, USCIS agreed to accept H-1B petitions without a certified LCA, in certain situations, for a limited time. This exception was available from November 5, 2009 to March 9, 2010. The USCIS has declined…