Marital Dissolution carries special complications for immigrants to the U.S., especially those who gained their U.S. permanent residence ("green cards") through marriage to a petitioning spouse (whether a U.S. citizen or U.S. permanent resident). While petitioning spouses in such marriages are often quick to claim that the immigrant spouse had deceptive motives in getting married, this New York Appellate Division opinion clearly shows that a trial court that orders an annulme

The golden rule of U.S. immigration is "maintain your status" (or, in the case of permanent residents, "maintain evidence of your immigration status"). An immigrant's permanent resident card ("green card" or Form I-551) does not grant them permanent resident status. Rather, it merely acts as evidence of their permanent resident status. Consequently, most often, there are no dire immigration consequences for possessing an expired green card. Unfortunately, this does not apply

In the last year, COVID-19 has forced many aspects of our lives onto the Internet. As a result, USCIS had to adapt its operations to facilitate the safe processing of U.S. immigration applications. As USCIS continues to expand its online services, it has increased the number of immigration applications that are eligible to be filed online with “My USCIS” (available at my.USCIS.gov). The online portal is a great avenue for users to file immigration applications (for which onli

The hunt for post-graduate employment is an incredibly time-sensitive endeavor for F-1 students. As such, we have created the following crash course to guide you through the process. Overview Students can work in the U.S. for up to three years (depending on their field of study) by seeking employment authorization from USCIS under the Optional Practical Training (OPT) program. While enrolled in OPT, the student's employer or another prospective employer may petition for the s

Many people dream of having the opportunity to live and work in the U.S. Unfortunately, obtaining this dream can be quite challenging. Employment visa applicants must contend with complicated application procedures, stringent eligibility requirements, and unforgiving government agencies. One of the most common types of employment visas is the H-1B visa for specialty occupations. This visa, at minimum, requires applicants to possess a bachelor's degree, license or certificatio

The H-1B season is winding down, with 43 days left in the H-1B petition filing period. If you are an immigration lawyer or employer preparing an H-1B petition (or the beneficiary of an H-1B petition), you may want to consider the following: 1. File your petition early! USCIS will not permit petitioners to submit applications outside of the 90-day filing period (April 1 to June 30, 2021). It is best to file early inasmuch as shipping delays can cause applications submitted at

Eligibility To Apply For H-1B One of the most common employment-based visas is the H-1B visa for specialty occupations. It is suitable for applicants competent in the theoretical and practical application of specialized knowledge in their field. At a minimum, they must possess a bachelor’s degree in their specialty from an accredited institution. Foreign degrees must be equivalent to similar U.S. qualifications. Alternatively, applicants may have an unrestricted state license

After having held a telephone hearing for a current case, Sanchez v. Mayorkas, the U.S. Supreme Court appears poised to support the Administration's position on a pivotal issue concerning Temporary Protected Status (TPS). Specifically, the Supreme Court may soon rule that TPS holders who entered the U.S. illegally are not eligible to Adjust Status (i.e. become legal permanent residents). This is in accordance with a law that was enacted in 1990. In order to Adjust Status, an

En medio de la crisis de la frontera sur, la Casa Blanca está programada para nominar candidatos para dirigir dos agencias críticas con el Departamento de Seguridad Nacional: Aduanas y Protección Fronteriza de EE. UU. (CBP) y Servicios de Ciudadanía e Inmigración de EE. UU. (USCIS). Estas agencias forman un parte integral para determinar cuales ciudadanos extranjeros pueden ingresar y permanecer en los EE. UU. CBP es responsable para la seguridad fronteriza, las aduanas, la i

Amid the southern border crisis, the White House is scheduled to nominate candidates to head two critical agencies under the Department of Homeland Security— U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). These agencies are integral to determining which foreign nationals are allowed to enter and remain in the U.S. CBP is responsible for border security, customs, immigration and facilitating lawful international trade and travel

Today, the Department of State (DOS) announced that it has expanded the qualification criteria for travelers seeking to procure a National Interest Exception (NIE) in order to visit the U.S.. DOS expanded the qualification criteria by adding new categories of individuals who would be eligible to receive NIEs. These developments apply to travelers subject to the travel restrictions outlined in Presidential Proclamations 9984, 9992, and 10143. In a statement, DOS identified the

On March 31, 2021, President Trump's Proclamation 10052 expired. This proclamation temporarily suspended the issuance of certain employment-based non-immigrant visas. These included the following visas: H-1B: grants temporary employment for foreign workers in specialty occupations; H-2B: grants employment for non-agricultural foreign workers who provide services for a limited time based on their employer's seasonal/temporary needs; J: permits participation in exchange program

Earlier today, U.S. District Judge Andrew Hanen deferred ruling on the future of the Deferred Action for Childhood Arrivals (“DACA”) program. After hearing arguments from both sides in this closely watched, high profile case, Texas v. U.S., Judge Hanen extended the deadline for the filing of crucial papers to April 9, 2021. The lawyers representing the State of Texas and various other co-plaintiffs have implored Judge Hanen to hastily invalidate DACA. The DACA recipients impl

Becoming a U.S. citizen is a momentous occasion. This change in status endows individuals with several new privileges and protections. These include eligibility to: Travel using a U.S. passport; Sponsor family members to live in the U.S. and obtain citizenship for children under 18; Apply for federal grants and scholarships; Apply for public benefits; Apply for federal jobs and run for public office; Serve on a jury; and Vote in U.S. federal elections. Furthermore, U.S. citiz

Last week Monday, the White House released a statement indicating that Temporary Protected Status (TPS) will be accessible to Venezuelans present in the U.S. for the next 18 months, until September 2022. The designation was made by the Secretary of Homeland Security Alejandro N. Mayorkas in light of Venezuela’s current humanitarian crisis. The country’s hardships have been marked by ”widespread hunger and malnutrition, a growing influence and presence of non-state armed group

At a White House briefing on Monday, Secretary of Homeland Security Alejandro Mayorkas has announced avenues of relief for migrant families separated by the U.S. Department of Justice's Trump-era Zero Tolerance policy. He noted that affected families would be given a choice to be reunited in the U.S. or their home countries. Furthermore, the Family Reunification Task Force is set to explore lawful pathways that will permit these individuals to remain in the U.S. and access re

The last month has witnessed a double assault on actions surrounding public charge inadmissibility. The Supreme Court has agreed to take up a case opposing the Inadmissibility on Public Charge Grounds final rule implemented in 2019 under the Trump administration. This development comes after the Supreme Court set aside numerous attempts by lower courts to freeze the rule through injunctions. This decision follows President Biden's request for actions on public charge inadmiss

In December 2020, thousands of young people flocked to apply for DACA (“Deferred Action for Childhood Arrivals”) after a federal judge ruled to reinstate the program. This celebrated development came after President Trump had attempted to rescind it, deeming it unlawful. In Brooklyn, U.S. District Court Judge Nicholas Garaufis mandated that the Government fully restore the program, and accept and process new applications. The DACA program grants prosecutorial discretion and w

In a bid to create a more humane immigration system, President Biden issued Proclamation 10141: ‘Ending Discriminatory Bans on Entry to The United States’. This Proclamation serves to counteract the Executive Order and Presidential Proclamations that the Trump administration issued regarding foreign terrorist entry and other public safety threats. These are the specific Presidential decrees, made by President Trump, which President Biden’s proclamation seeks to address: Execu

Background In April 2020, the White House implemented Presidential Proclamation 10014 (P.P. 10014). It sought to halt the entrance of immigrants who could present a risk to the United States labor market during the economic recovery associated with the Novel Coronavirus outbreak. In order to safeguard the health and safety of their staff, U.S. Embassies and Consulates across the globe shuttered and ceased visa processing. State Department employees were recalled to the U.S.,