Visa Lawyer Blog

by

Canadians have unique procedural options to apply for admission in a status that authorizes employment. The different procedural options primarily are for L‐1 intracompany transferees and TN professional workers.

Intracompany Transferees L1 Visa:

Under the North American Free Trade Agreement (NAFTA), citizens of Canada are authorized to present a petition for L‐1 classification concurrently with an application for admission to the United States. Customs and Border Protection (CBP) officers are authorized to adjudicate such L petitions.

Continue reading

by

Do you want to become a US Citizen? Foreign nationals who wish to become citizens of the United States may do so through the naturalization process. Citizenship confers many advantages — the right to vote, protection from the government, access to certain jobs and benefits, and the option to hold public office.

A great tip from AILA regarding the timing of filing is provided here:

INA § 334 permits a naturalization applicant to file a Form N-400, Application for Naturalization, up to 3 months before the date the applicant would first meet the 5-year or 3-year continuous residence requirement. See INA §§ 316(a), 319(a); 8 C.F.R. §334.2(b). While the application can be filed within this 3 month time period, the applicant cannot be naturalized until he or she has met the 5-year or 3-year continuous residence requirement, in addition to meeting the other statutory requirements for naturalization. See INA §§ 316, 319.

Continue reading

by

Just a week ago, on November 30, 2012, USCIS adopted new filing policies and procedures regarding the exceptions for permitting filing Form I-601 (Application for Waiver of Grounds of Inadmissibility) and any associated Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) at international USCIS offices. These new exceptions apply to all USCIS offices.

This new policy is a modification to the original filing process adopted by USCIS on June 4, 2012, which requires waiver applicants located outside the United States to file their Form I-601 and Associated Form I-212 with a USCIS Lockbox for adjudication by the Nebraska Service Center (NSC). The original filing process also requires that applicants in Mexico who filed Forms I-601 and associated Forms I-212 by December 4, 2012, waiver applicants in Mexico had the option of filing their applications either with the USCIS Lockbox or with the USCIS Ciudad Juarez Field Office.

Any applicants in Mexico who file Forms I-601 and associated Forms I-212 after December 4, 2012, must file with a USCIS Lockbox for adjudication.

Continue reading

by

On December 3, 2012, USCIS Director Alejandro Mayorkas held a public engagement on the EB-5 Immigrant Investor Program. Director Mayorkas provided updates on creation of the separate office for administration of EB-5 Immigrant Investor program.

The EB-5 program has spurred the creation of tens of thousands of new jobs and the injection of billions of dollars into the U.S. economy since Congress created the program in 1990. Interest in the EB-5 program has grown exponentially in recent years, both from domestic project developers seeking capital and foreign investors who have the capital that can fuel economic growth. In the recent years, EB-5 immigrant investor program has grown a lot.

In the fiscal year 2012, USCIS approved more than triple the number of petitions approved in Fiscal Year 2009. USCIS has met the unprecedented growth and interest with a corresponding dedication of resources.

Continue reading

by

Clients and our Blog visitors often ask me about Waivers. What is a waiver, is it a form of punishment, will it cure any Immigration violation? Certain violations of Immigration Law will make the applicant eligible for a waiver.

The most common violation is unlawful presence, and there is a waiver for this violation.

The statute, itself, defines unlawful presence as an individual who is “present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.” Additionally, the inadmissibility bar only applies to those individuals who have been in the United States and accrued unlawful presence after April 1, 1997. For purposes of INA §212(a)(9)(B)(i), unlawful presence is calculated for any unauthorized time during a single stay in the United States. Thus, if a person accrues 179 days of unlawful presence (one day short of the 180-day threshold) and departs the United States only to later reenter the United States and accrue an additional 179 days of unlawful presence, the person is not subject to the three-year bar.

Continue reading

by

In the first post-election effort to reform U.S. immigration policy, the House on Friday approved a Republican-sponsored measure, STEM Jobs Act, by a margin of 245 to 139.

The bill eliminates the diversity visa program and reallocates up to 55,000 new green cards – the document that establishes legal permanent U.S. residency, for foreign students who graduate from U.S. universities with advanced degrees in science, technology, engineering, and math fields.

In a sort of concession to Democrats, Republicans added a provision to the bill that allows spouses and minor children of legal permanent residents to come to the U.S. after waiting one year in their native homeland for their green card application to be processed. But Democrats were not persuaded, with many of them saying the family concession was not enough to compensate for the elimination of lottery visa, which they argued should not have been dropped.

Continue reading

by

We have been waiting anxiously for updates on the processing of the E2 Treaty for Israeli Nationals, so far no news from the Israeli side.

Recently the Law firm of Mintz Levin inquired with the US Embassy in Tel Aviv and here is a report from their end:

Recently, Mintz Levin inquired with the U.S. Embassy in Tel Aviv about the status of plans to implement the E-2 visa. Specifically, we requested a projected timeframe for E-2 visas to become available for our Israeli citizen clients, many of whom are waiting to file E-2 applications. The response we received indicated that the Embassy is clearly taking steps internally to be in a state of preparedness to issue E-2 visas as soon as the law is implemented. However, the news is mixed: there is a delay within the Israeli government. Specifically, the Embassy is waiting for the Israeli government to specify the reciprocal treatment to be offered to Americans seeking a comparable visa. According to the Embassy, this requires government coordination between the Israeli Ministry of Foreign Affairs, Ministry of the Interior, Ministry of Industry, Ministry of Trade and Labor and possibly the Ministry of Justice.

Continue reading

by

With recent Deferred Action cases getting approved by USCIS, those who are able to get work authorization will also need a social security number. Once work authorization has been approved, a person who has been granted Deferred Action should apply for a social security number directly with their Social Security Administration office.

When applying for a social security number, the Deferred Action recipient must bring their Employment Authorization Card (I-766) along with proof of age and identity. Such documents to prove age and identity include the following:

• Foreign birth certificate;

Continue reading

by

When the Obama administration announced in August a plan to grant two-year deportation deferrals to young undocumented immigrants who came to the U.S. as children, it sparked anger among some critics who said it was little more than a free pass.

Those critics can rest a bit easier now, as it turns out the most recent data provided by the Department of Homeland Security indicate far fewer undocumented immigrants have applied for the program, known as Deferred Action for Childhood Arrivals, than expected.

Of the estimated 900,000 young immigrants believed to be eligible for deferred action, just over 300,000 have filed requests with the Department of Homeland Security. Of course, California led the nation in applications. Just over 82,000 were filed by immigrants in California, followed by Texas, New York and Florida. Only 53,000 of the total applications have been approved by the government.

Continue reading

by

Currently there is a major difference between US Citizens sponsoring foreign spouses to residency, and Permanent Residents (Green Card holders), that are filing for their spouses.

Green card holders married to non-U.S. citizens are able to legally bring their spouses and minor children to join them in the USA, but only after an extensive multi-year delay, during which time the family is separated. The foreign spouse of a green card holder must wait for approval of an ‘immigrant visa’ from the State Department before entering the United States.

Due to numerical limitation on the number of these visas, the current wait time for approval is four to five years for all non-retrogressed countries (including Western Europe), and many more for the retrogressed countries. In the interim, the spouse cannot be legally present in the United States (let alone work), unless he/she secures a visa for himself/herself using some other means.

Continue reading