Cancellation of removal for nonpermanent residents allows foreign nationals in the US who are currently in removal proceedings to remain in the US an obtain permanent residency (green card). Removal may be canceled if the application meets the following four conditions: 1. The applicant is currently in removal proceedings because he or she is inadmissible … Read more
Cancellation of removal is a form of discretionary relief available to all lawful permanent residents (LPRs) who are in removal proceedings. Removal may be cancelled if the application meets the following four conditions: 1. The applicant has been an LPR for at least five years; 2. The applicant has resided continuously in the US for … Read more
In virtually all types of green card application, the foreign national seeking permanent residence must have a sponsor. Typically the sponsor is the applicant’s employer or there is some type of familial relationship. For certain PhD holders, or even PhD students, the foreign national can act as both the sponsor and the applicant. The two … Read more
Foreign nationals who enter the US in J-1 visa status or change their status in the US to J-1 may be subject to INA Section 212(E). Persons subject to 212(E) are required to return to their home country for an aggregate period of two years or obtain a J-1 visa waiver to waive this requirement … Read more
The International Marriage Broker Regulation Act of 2005 (IMBRA) created harsh reporting requirements for US persons who seek to meet foreign nationals through dating services. IMBRA requires that potential US petitioners disclose certain criminal and marital history to matchmaking service companies before the companies may assist them in finding foreign natioanls interest in American suitors. … Read more
In order to obtain immigration benefits available to a spouse, there must be a valid marriage between the parties. In most situations, a marriage is valid for immigration purpose if it is recognized by the law of the state where it occurs. However, a marriage that is legally valid may still be disregarded if it … Read more
Foreign nationals who enter the US in J-1 visa status or change their status in the US to J-1 may be subject to INA Section 212(E). Persons subject to 212(E) are required to return to their home country for an aggregate period of two years or obtain a J-1 visa waiver to waive this requirement … Read more
Recent layoffs have made obtaining PERM certification much more challenging than in the past. If there is a layoff in the area of intended employment, PERM regulations require that the employer notify and consider all potentially qualified laid off workers in the occupation or related occupation. 20 C.F.R. § 656.17(k)(1). Moreover, the employer must disclose … Read more
Many H-1B visa holders are under the impression that there is a “grace period” following the conclusion of their stay in H-1B visa status. Most believe that if they are laid off, fired or otherwise terminated that they have 30, 60 or even 90 days to find a new H-1B sponsor or just to gather … Read more
Foreign nationals in the United States require a tax identification number from the Social Security Administration (SSA) or the Internal Revenue Service (IRS) to perform certain actions in the United States such as banking, taxes and obtaining a driver’s license. While, generally, a foreign national must have work authorization to obtain a social security number … Read more