The Department of State Visa Office has made several predictions regarding the movement of priority dates for the remainder of 2009 and beyond. These predictions include the following: Regarding the EB1 category, all countries are expected to remain current for 2009 but this is expected to change in 2010 for India and possible China due … Read more
In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions. Motion to Reopen; Motion to Reconsider; Appeals When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the … Read more
On May 11, 2009 the US Department of State designated Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan as “countries of particular concern” for religious freedom violations. While this determination was made in connection with any immigration laws, it can be used to support certain types of immigration petitions where the applicant … Read more
When pursuing permanent residency through employment, the applicant must choose to file his or her application through a particular employment based category. The most common categories are the EB-2 and the EB-3 categories. The EB-2 generally requires the applicant to hold a master’s degree or the equivalent and the EB-3 category requires the applicant to … Read more
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