Children of Diplomats May Have Claim to Birthright Citizenship

Citizenship through birthright is available to persons born in the United States and subject to US jurisdiction at the time of their birth. This has been the law in the US since the adoption of the 14th Amendment, which enshrined the constitutional right to citizenship and equal protection for freed slaves and others.   This […]

How Past Crimes Affect Immigration Status

Crimes affect a person’s immigration status. Crimes can make an applicant ineligible for a visa, and can trigger deportation for immigrants already in the US. Which crimes trigger what outcomes? This question does not have a simple answer, because the law has multiple layers and is constantly changing. The relevant statute is the Immigration and […]

The EAD: Work Freedom Above All Other US Visas

The United States Government (more specifically, the United States Citizenship and Immigration Services, or USCIS) often issues a document called an Employment Authorization Document, or EAD, to foreigners currently located in the US.  For those that are fortunate enough to be approved for an EAD, this document (which comes in the form of a card) […]

EB-5 PROGRAM

EB-5 Program

The EB-5 visa, created by Section 203(b)(5) of the U.S. Immigration Act of 1990, was established to attract foreign capital and create U.S. jobs by providing a method of obtaining a Green Card for foreign nationals who invest either $1,000,000 generally or at least $500,000 in a “Targeted Employment Area.” Under the program, immigrants are granted […]

New Guidelines For Prosecutorial Discretion of Deportation Cases

On August 18, 2011, the State Department announced that it intended to reexamine all of the cases demanding deportation (300,000 cases in total) from people living in the US. The purpose of this reexamination was to determine if some cases can be closed, while others would proceed. This was welcome news for many immigration lawyers […]

Insights Into the US Government’s Attempt at Immigration Reform in the 21st Century

The immigration reform bill that was sent to the Senate this week has been the subject of a tremendous amount of media coverage so far, and will be subject to much more as it (probably and gradually) moves into law in some final form. It’s easy to ignore what goes on in Washington; besides being […]

Employment Based Temporary Visas

Employment Based Temporary Work Visa

H-1B Visa (Specialty Occupations) The H-1B visa is the most common temporary working visa available.  It requires a U.S. employer sponsoring the foreign national for a specialty occupation, that is, an occupation requiring at least a U.S. Bachelor’s degree or foreign equivalent degree, to perform the job demands.  There are three steps in obtaining H-1B […]

Unraveling the Mysteries of the Public Charge Admissibility Requirement (Part 3)

 Affidavit of Support There has been much confusion regarding the affidavit of support and in what instances it is required of the applicant.  There are two different affidavits of support: (1) Form I-864, which is a required affidavit of support for certain applicants; and (2) Form I-134, which is an optional affidavit of support. Form […]

The Self-Employed H1B Work Visa – Myth or Reality?

There is no arguing that new technology is changing the way that business operates throughout the world.  The continued improvement of internet speed and capabilities combined with a growing number of tech-savvy entrepreneurs has led to an unprecedented number of start-up companies around the globe.  Virtual companies are forming in every location that can be […]

Checking Your Case Status with USCIS

Every year millions of people participate in the process of requesting a visa or some type of immigration benefit from the United States Citizen and Immigration Services (“USCIS”). With thousands of immigration applications being sent to USCIS on a weekly basis, and with newly established security protocols for each application, it is no surprise that […]