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Highly skilled may wait less for visas By: David H. Nachman and Michael Phulwani
Posted by: euser
January 24, 2012

In a rare show of bipartisan comity on the angrily contested issue of immigration, the House of Representatives on November 29, 2011 passed a bill that tweaks the visa system to allow more highly skilled immigrants from India and China to become legal permanent residents.

The bill, originally offered by Representatives Jason Chaffetz, a conservative Re-publican from Utah, and Lamar Smith, a Texas Republican and chairman of the House Judiciary Commit-tee, sailed through by a vote of 389 to 15. Joining as sponsors were several Democrats, who are outspoken liberals on immigration, including Re-presentatives Luis V. Gutierrez of Illinois and Zoe Lofgren of California.

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Guidance on pending deportation cases - By: David H. Nachman and Michael Phulwani
Posted by: euser
January 23, 2012

The following guidance was provided by the Department of Homeland Security to ICE Attorneys reviewing the CBP, USCIS, and ICE cases before the Executive Office for Immigration Review.

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EB-2: National Interest Waivers Provide Individuals with Permanent Status - By: Michael Phulwani, Esq. and David Nachman, Esq.
Posted by: euser
January 11, 2012

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.

There is no regulatory or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis. The procedure is to file the case with evidence to establish that the alien's proposed services will be in an area of substantial intrinsic merit and will have a national benefit, and that the alien has some track record of success in his or her field.

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Visitor B-1/B-2 VISAS
Posted by: euser
January 10, 2012

B-1/B-2 visas are the most common nonimmigrant visas used for temporary entry into the United States. B-1 visas are typically used for business-related visits while B-2 visas are used for pleasure-related visits. With few exceptions, those who enter the U.S. must be in possession of a visa granted by a U.S. consulate abroad.

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AMERICAN DREAM ACT
Posted by: euser
January 10, 2012

Congressman Howard Berman (for himself, Mr. Lincoln Diaz-Balart of Florida, Ms. Roybal-Allard, and Ms. Ros-Lehtinen) introduced the "American Dream Act" (Bill H.R.1275) on March 1, 2007 in the House of Representatives to amend the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain aliens students who are who are long-term United States residents and who entered the United States as children, and for other purposes. A companion measure was also introduced in the Senate by Senator Durbin (for himself, Mr. Hagel, and Mr. Lugar).

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ADJUSTMENT OF STATUS
Posted by: euser
January 10, 2012

Adjustment of status (AOS) is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident (LPR). AOS is an alternative to obtaining an immigrant visa through a U.S. consulate abroad, a process known as "consular processing" (CP). Depending on processing times at U.S. Citizenship and Immigration Services (USCIS) service centers, AOS may be preferred by foreign nationals over CP because: (1) it avoids the expense and inconvenience of travel to the home country; (2) AOS applicants, including dependent family members, are entitled to employment authorization and permission to travel while the AOS application is pending; (3) employment-based AOS applicants receive job mobility (i.e., "portability") benefits provided under recent legislation; and (4) there are more options for reconsideration of an unfavorable decision by the USCIS.

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U Nonimmigrant Status (U Visa) victims of Criminal Activity, Part III
Posted by: euser
January 04, 2012

This is the concluding part of a series of articles on U nonimmigrant visas which can be granted to individuals and their families who may fall victim to many types of crime in the U.S., such as rape, murder, manslaughter, domestic violence, sexual assault, human trafficking, etc.

Q: Can a U-1 Nonimmigrant File a Form I-929, Petition For Qualifying Family Member of a U-1 Nonimmigrant, on Behalf of a Sibling?
A: No, only the spouse, children, and parents (if the petitioner is under 21) of a U-1 nonimmigrant are eligible.

Q: When Can a U-1 Nonimmigrant File a Form I-929 on Behalf of a Qualifying Family Member?
A: U-1 nonimmigrants may file the Form I-929 concurrently with, or at any time after they have filed, their Form I-485 based upon their U status.

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U Nonimmigrant Status (U Visa) Victims of Criminal Activity, Part - II
Posted by: euser
January 04, 2012

This is the continuation of a series of articles on U nonimmigrant visas which can be granted to individuals and their families who may fall victim to many types of crime in the U.s., such as rape, murder, manslaughter, domestic violence, sexual assault, human trafficking, etc.

Q: Can a Foreign National Petition for U Nonimmigrant Status From Outside the United States?
A: Yes. USCIS has determined that the legal framework for U nonimmigrant status permits foreign national victims of criminal activity to petition for such status either inside or outside the United States.

If not admissible to enter the United States as a foreign national, an applicant for a U visa must obtain a waiver of inadmissibility through submission of a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. This waiver is adjudicated by the Vermont Service Center of USCIS on a discretionary basis, allowing the petitioner to continue with the U nonimmigrant visa process.

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U Nonimmigrant Status (U Visa) Victims of Criminal Activity, Part I
Posted by: euser
January 04, 2012

Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status

The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Qeustions and Answers pertaining to U nonimmigrant visas.

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Not letting go of the DREAM - by Michael Phulwani & David Nachman
Posted by: euser
January 04, 2012

Senator Dick Durbin (D-III) just won't let it go. And that's a good thing when it comes to the DREAM Act, a bill that will provide a pathway to immigration compliance to thousands of undocumented students and young adults. Fueled by his passion for justice, Durbin is determined to see the DREAM Act become the law of the land. Others, like Senators Oren Hatch (R-Ut) and John McCain (R-Az), who originally co-sponsored DREAM, long ago fell victim to partisan politics and dropped their support for the decade old proposal. But, Senator-Durbin, who remains doggedly determined to do the right thing, has chaired the first ever hearing on the DREAM Act.

The DREAM Act was originally conceived as a bipartisan measure to help a tiny segment of the undocumented population; the children of unauthorized immigrants who were brought to the US as youngsters and who, through no fault of their own, now find themselves living in immigration limbo without legal status or a chance to build a future in the only country most have ever known. The DREAM Act was a bill that attracted broad bipartisan support because it helped helpless children.

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