Entries by Cyrus Mehta

February 2007 Immigration Update

Headlines: CDMA Issues H-1B Application Alert – The FY 2008 cap is expected to be met quickly; CDMA advises clients to begin preparing well in advance of the April filing start date. USCIS Proposes Large Fee Increases – Business immigration forms will cost a lot more to file under USCIS’s proposal. ABIL Invites Companies to […]

SECOND CIRCUIT PROVIDES MORE GROUNDS FOR NON-CITIZENS TO REOPEN AND RESCIND IN ABSENTIA REMOVAL ORDERS FOR LACK OF NOTICE

By Cristina M. Velez* A potential client tells you that he was ordered removed in absentia years ago, and that he failed to appear before the Immigration Court in New York because he never received notice of his hearing, although he claims to have provided his correct address. He tells you that the Immigration Judge […]

ARMED AND READY FOR THE MARRIAGE BASED ADJUSTMENT INTERVIEW

BY: ELIZABETH REICHARD* Hold on to your seats. It has happened. The U.S. Citizenship & Immigration Services (USCIS) is actually processing marriage-based adjustment applications in an expeditious manner. They generally involve marriages between U.S. Citizens and Foreign Nationals. When I started practicing immigration law a few years ago, applicants in New York waited a year […]

January 2007 Immigration Update

USCIS Issues Guidance on Periods of Admission for H and L Workers – USCIS has released guidance on determining periods of admission for certain H and L workers. DOL Issues FAQ For RIR Conversions – The DOL has introduced a “hold harmless” policy when requesting a conversion. SSA Explains How Foreign Workers Can Get Social […]

THINKING POSITIVELY ABOUT 2007

by Cyrus D. Mehta* 2006 was one of the most momentous years for US immigration policy. For the very first time, hundreds of thousands of immigrants and their supporters spontaneously took to the streets to demand a better future for themselves and their children into the US. The marches were peaceful and highlighted the fact […]

USCIS CLARIFIES ELIGIBILITY UNDER ¤ 245(i)

by Cyrus D. Mehta* Although § 245(i) of the Immigration and Nationality Act sunset on April 30, 2001, it still is a boon for non-citizens who are considered “grandfathered” under this provision. A grandfathered individual can still adjust status in the US to permanent residence even though he or she would otherwise be barred by […]