Introduction Throughout our lives, we’ve always heard the quote, “Timing is Everything.” In the practice of immigration law, we have come to learn the hard way that this is true. Knowing how that timing works is essential for the PERM process because it is important to make time work in favor of the sponsoring employer…

Congressional negotiations on a federal spending bill remain very active. To avoid a federal government shutdown, a decision or a short-term continuing resolution (CR) to fund the government at current levels must be reached by Friday, January 19, 2017. Until a deal is made or a CR is passed, the threat of a shutdown remains…

On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. For more information on the rescission of DACA, see AILA’s Practice Alert: Trump Administration Rescinds DACA.  On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin…

Talking Points on DACA and the Dream Act While the decision from Judge Alsup is a positive step, Congress must not use this as an excuse to delay any longer on a permanent solution for Dreamers. The Trump administration is expected to appeal quickly, and this court decision will end up as another piece to a drawn…

  According to a notice in the Federal Register of the termination of Nicaragua’s designation for Temporary Protected Status (TPS),  TPS for Nicaragua will expire on January 5, 2018, and there will be a 12-month transition period before it terminates on January 5, 2019. SUMMARY: The designation of Nicaragua for Temporary Protected Status (TPS) is set…

  Notations on nonimmigrant visas (NIV) regarding the purpose and duration of stay are encouraged when the visas are limited and when the use of such notations would be helpful to the Department of Homeland Security (DHS) inspectors or other consular officers when processing future visa applications.  Positive notations such as VISIT UNCLE SAN FRANCISCO,…

Chain migration Chain-based immigration also known as “family-based immigration” allows an individual to obtain a permanent residency (Green Card) based on his/her family relationship.  Spouses and minor children of a lawful US citizen or a legal permanent resident qualify as immediate relatives and do not need to wait for a visa number. For those individuals, there’s no…

Following a recent Ninth Circuit Court of Appeals decision, ramirez v. brown, 852 F.3d 954 (9th Cir. 2017), some people with Temporary Protected Status (TPS) are now eligible for adjustment of status and can obtain a green card in the USA. This decision concerns only current TPS holders. People whose TPS has expired are not…

If you have a pending Asylum case, there may be another option available for you to obtain a permanent resident status. Individuals with pending affirmative Asylum applications can file for immigrant status, including employment (i.e. PERM, EB-1) or family petition. Following conditions must be met in order for a potential petitioner to be eligible: 1….

Every year millions of people enter DV visa lottery for a chance to win a Green Card and become eligible for a permanent residency in the US. The Diversity Immigrant Visa (DV) Program requires the principal DV applicant to have a high school education, or its equivalent, or two years of qualifying work experience as…

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