2017

Blog Posts in 2017

  • Criminal Convictions that Result in Deportation

    As an immigrant, there are certain crimes that will make you subject to removal proceedings, even if you are a green card holder . Even if there is only evidence that you committed a crime, you may find yourself in removal proceedings. Immigrants are at the greatest risk of deportation if they are convicted of a “crime of moral turpitude” or an aggravated felony. Crimes of Moral Turpitude The ...
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  • Department of Homeland Security announce enhanced security measures for all flights to United States

    New screening rules went into effect on 10/26/2017 for all U.S. - bound airline passengers that could mean more detailed inspections of carry-on bags and electronic devices, as well as security interviews by airlines employees. The new rules are part of an effort by the Department of Homeland Security to more thoroughly screen travelers headed to the United States. The enhanced security measures ...
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  • Red Flags of Marriage Fraud

    When a U.S. citizen marries and sponsors a non-citizen spouse for an immigrant visa or green card , you can expect that the U.S. Citizenship and Immigration Services (USCIS) will examine their application very closely. Marriage fraud is a common way that immigrants and their citizen sponsors try to obtain legal residency and entry to the U.S., so immigration authorities are on the lookout for red ...
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  • USCIS Resumes Premium Processing for all H-1B Petitions Effective Immediately

    On October 3, 2017, USCIS announced that premium processing was once again available to all Petitioners seeking H-1B visas. H-1B visas allow skilled workers in certain specialty occupations to temporarily work and reside in the United States. When a request for premium processing is made and the requisite fee is paid, USCIS has 15 calendar days during which to make a decision on the application. ...
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  • President Donald Trump Issues New Travel Ban

    President Trump has issued a presidential proclamation banning or restricting travel from eight countries, adding Chad and Venezuela and North Korea to the original list of Iran, Libya, Somalia, Syria, and Yemen. Nationals of Sudan, who were impacted by earlier versions of the travel ban, are not included in the proclamation as senior administration officials said a review of Sudan’s cooperation ...
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  • USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

    On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap, five months after it was suspended temporarily in order to handle the huge rush of petitions that were being filed. The FY 2018 cap has been set at 65,000 visas. Premium processing for the annual 20,000 additional petitions that ...
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  • New DOS rule regarding alien conduct inconsistent with his or her non-immigrant status within 90 days of entry

    On September 1, 2017, the U.S. Department of State (“DOS”) updated the Field Adjudicators Manual (“FAM”) by adding a new rule so as to provide U.S. consular officers with new guidance relating to the term “misrepresentation” as it relates to aliens in the U.S. If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the US Consular ...
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  • Employment-based green card applicants to be subject to in-person interview

    Effective October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will require employment-based visa holders who are applying for lawful permanent residence to attend an in-person interview. Currently, such interviews are generally waived. However, under the new policy, such waivers won't be granted. USCIS has not released any information concerning logistics and staffing, but ...
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  • Do I Qualify for an H-1B Visa?

    An H-1B Visa is for temporary specialty workers who meet specific requirements and immigration regulations. To qualify for an H-1B Visa, you must do the following. Basic Requirements You have to be coming to the U.S. to perform services in a specialty occupation. Jobs that require the theoretical and practical application of a body of highly specialized knowledge, are considered specialty ...
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  • Uncertainty Surrounds the H-1B Visa Program

    The H-1B Visa has helped thousands of foreign workers secure gainful employment here in the United States. The program offers work visas for jobs that require theoretical and practical application of a body of highly specialized knowledge. Those who have obtained an H-1B Visa often see this milestone as the start of a long and hopefully permanent stay in the U.S. However, since the election of ...
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  • The International Entrepreneurial Rule Faces Delay And Possibly Rescission

    The International Entrepreneurial Rule, announced in January 2017, was supposed to go into effect July 17, 2017, but the Department of Homeland Security issued a memo on July 10, 2017 delaying its implementation until March 14, 2018. According to the memo, this delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to ...
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  • One-Time Increase in H-2B Nonimmigrant Visas for FY 2017

    On July 19, 2017, the Department of Homeland Security and Labor published a final rule increasing the numerical limit (“cap”) on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017, beyond the annual cap of 66,000 visas allotted for this current fiscal year. These visas will be available only to American businesses which attest that they will likely ...
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  • Supreme Court temporarily allows broader exemptions for relatives from countries affected by Travel Ban

    The Supreme Court has for the time being allowed the Trump administration to implement restrictions on the nation's refugee program, but it let stand a lower court order from Hawaii regarding the extended definition of a ‘close familial relationship’. The Supreme Court stated last month that the Travel Ban could go into effect and be applied to people from Iran, Libya, Somalia, Sudan, Syria and ...
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  • The Citizenship Test: What to Expect

    If you are applying for naturalization, there are several steps to complete your application. One of these steps is a naturalization test , which tests your ability to read, write, and speak English, as well as measure your knowledge of U.S. history and government. Here’s what you should expect from these examinations. Language Test The English proficiency test is meant to demonstrate that you are ...
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  • What Is an Investor Visa & Who Qualifies?

    The U.S. offers a way for wealthy investors to enter the country to stimulate the economy. Known as an investor visa, the EB-5 visa can allow investors to enter the country and immediately obtain permanent residence. There are a limited number of these visas issued each year, and the number of visas issued to investors of any one country is also limited. If the limit of either quota is reached, ...
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