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 […]
