Petition for Alien Relative

I have lost my Immigration Court Case What Now!

The purpose of this brief article is to equip clients in removal and deportation proceedings in the United States with an understanding of their options in the event they lose their case in immigration court. All hope is not lost.

We understand that this is a devastating time for our clients.  We have taken over several cases that were lost be prior attorneys or counsel and taken the next essential steps to give clients another chance to win a meritorious… Continue reading

DOS Announces U.S.-Russian Agreement on Visa Issuance

Exciting News Flash  from Department of State for Russian Citizens:

Excerpted:

Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov today announced an agreement on the issuance of nonimmigrant business, tourist, private and humanitarian visas to the Russian Federation, and for business and tourist visas to the United States, as well as short-term official travel visas to both counties in keeping with the joint statement issued during the meeting of President Obama and President Medvedev in Deauville,… Continue reading

U.S. Citizenship and Good Character- The Case for DWIs

U.S. Citizenship is not an automatic right but requires proof that a Permanent Resident has “good moral character”.  Many of our complex citizenship cases involve client’s who have been charged with multiple DWI (Driving While Intoxicated) while in Permanent Resident Status.  Although this can affect a citizen application and can result in denial, many cases are still approved despite.  The following factors are key in a case being approved although convicted of more than one DWI in a five or… Continue reading

Is There Any Way Out of the Two Year Residency Requirement Etched in My United States J-1 Visa?

The good news is yes.  A special document called a No Objection letter is needed from the Department of State (DOS).  It is a complex process requiring an experienced immigration attorney in order to successfully remove the two year residency requirement that accompanies many J-1 Visas.

First, you have to complete the Waiver application online with DOS. This will generate a whole DS3035 packet which you will then have to sign and submit, along with supporting documents, to the Waiver… Continue reading

Hope For F-1 Students To Stay In The U.S. Despite Falling Out Of Status Due To Medical Conditions.

Hope For F-1 Students To Stay In The U.S. Despite Falling Out Of Status Due To Medical Conditions

If you or someone you know initially enters the country on an F-1 student visa, and falls out of status due to medical reasons, there is hope under U.S. Immigration Laws.

Humanitarian Parole may always be a consideration; however, the following legal solutions may prove more successful. It is imperative that a student who falls ill and stops attending classes moves quickly to… Continue reading

Visa Waiver and the Minor: Can a Minor Waive their Immigration Rights?

As we discussed in our previous blog articles, the use of a visa waiver by eligible foreign nationals can be surprisingly risky. But what does this mean for a minor who enters on one?

In order to receive a visa waiver, a foreign national agrees to waive his immigration rights in the event he or she overstays the visa waiver, an incident which would result in serious U.S. immigration consequences.

In the case of a minor, the following scenerio often… Continue reading

H1B Employee Tip: H1B Portability as it Relates to the I-140 and I-485-Extending Beyond 6 Year Period

Many of our clients have experienced layoffs requiring them to seek alternative employment in H-1B status.  Porting over to another employer requires a very detailed legal analysis by an experienced immigration lawyer.  Our law firm provides tips from time to time on various situations that the H-1B visa holder may find him or herself experiencing.  Here is an example of one:

Scenario and Question

If an employee currently has 5 months remaining within his initial 6 year term.  He or… Continue reading

U.S. Visa Waiver Program—Wonderful Privilege or Serious Risk?

The Visa Waiver Program (“VW”) is a program available to select countries wherein an individual traveling to the United States to visit need not first obtain a visa from his or her local U.S. consulate.

At first glance, who would not be excited about the option of skipping the headache of applying for a visa at the U.S. Consulate before traveling.  However, the purpose of this article is to explain some of the drawbacks that need to be considered depending… Continue reading

HELPING THE REMOVAL NIGHTMARE TO BE OVER SOONER! Petition for Alien Relative Relief, Form I-130 and Expedited Relief in Removal Proceedings

On August 20th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).

Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed… Continue reading