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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
