April 2007 Immigration Update
Headlines: H-1B Rush Begins; Reform Bill Introduced in House; Other Developments – H-1B cap could be filled immediately; bipartisan reform legislation is introduced in the House. USCIS Reminds Applicants of New Filing Procedures Effective April 2 – Effective April 2, 2007, all Forms I-129 and I-539 are to be filed directly with the California Service […]
GEARING FOR THE FY 2008 H-1B CAP
by Cyrus D. Mehta* Every potential H-1B filer is scrambling to make it into the FY 2008 Cap, which starts on October 1, 2007. Petitioners can file six months in advance, and thus the first day for accepting an H-1B petition is April 1, 2007. This year, April 1, 2007, falls on a Sunday. Therefore, […]
RESUSCITATING NONIMMIGRANT VISA STATUS IN THE UNITED STATES
The general rule is that one can only apply for a change or extension of nonimmigrant visa status while the applicant is still in status. For example, if an individual is admitted into the US in business (B-1) visa status, which is valid till March 30, 2007, and his or her business purpose will not […]
UNDERSTANDING THE FBI NAME CHECK POLICY THAT IS CAUSING NATURALIZATION DELAYS
by Cyrus D. Mehta A detailed internal memo from the US Citizenship and Immigration Services (USCIS) explains the labyrinthine FBI name check procedure that has caused delays to many people applying for citizenship or other immigration benefits, such as permanent residence. The Interoffice Memorandum by Michael L. Aytes, Associate, Director, Domestic Operations, USCIS, dated December […]
March 2007 Immigration Update
Headlines: Employment Third Preference Category Stagnates – Little if any forward movement in the employment third preference category is expected in the near future. DHS Launches Traveler Redress Inquiry Program – DHS TRIP provides a way for travelers to address situations where they have been incorrectly delayed, denied boarding, or identified for additional screening. CBP […]
FOURTH CIRCUIT HOLDS THAT ADJUSTMENT APPLICANTS CAN EXERCISE JOB “PORTABILITY” IN REMOVAL PROCEEDINGS
by Cyrus D. Mehta* On February 22, 2007, the US Court of Appeals for the Fourth Circuit in Perez-Vargas v. Gonzales, __ F.3d __, 2007 WL 529357 (4th Cir. Feb 22, 2007) (No. 05-2313) ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings. As a background, Congress […]
FINDING THE ТGOLDEN MEANУ IN DUAL REPRESENTATION Р UPDATED
The practice of immigration law invariably involves the representation of two clients. One immigration attorney represents both spouses as well as the employer and employee. While it is ideal for each party to have his or her own attorney, it may not be cost effective or efficient for the co-clients, who generally retain one attorney […]
BIA RULES THAT CHILD STATUS PROTECTION ACT RETROACTIVELY APPLIES TO CHILDREN OF US CITIZENS
The Board of Immigration Appeals (BIA) in Rodolfo Avila-Perez, 24 I&N Dec. 78 (BIA 2007) ruled that the Child Status Protection Act (CSPA) applies to beneficiaries of immediate relative visa petitions that were approved before August 6, 2002, its date of enactment. Section 201(f)(1) of the Immigration and Nationality Act (INA) freezes the age of […]
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 […]
