Family

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Does the Federal Government Shutdown Affect Your Immigration Case?

As the U.S. government shutdown continues, many foreign nationals are asking if and how this may impact them. Who is affected by the government shutdown? The following are the government programs that are affected by the shutdown: EB-5 Immigrant Investor Regional Center Program. Please note, that this only concerns Regional Center Investor Program, not the […]

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How new “Public Charge” Rule Affects Your Immigration Case?

There are two public charge provisions: a ground ofinadmissibility, and a ground of deportability. The first applies toindividuals, seeking entry to the United States. The second applies to those,who are already present in the U.S. In the light of recent changes to immigration policy and, specifically, to the “public charge” rule, it is important to […]

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Root Law Group Supports U.S. Senators Asking USCIS to Stop Punishing International Students

On August 9, USCIS issued a new guidance, changing thepolicy on accrued unlawful presence by nonimmigrant student and exchangevisitors. According the new policy, “individuals on student visas wouldimmediately begin accruing unlawful presence in the United States if they leftschool or worked without authorization, even if they were never notified of theviolation by USCIS or an […]

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Know Your Rights: What to Do if You are Detained at a Port of Entry (Lawful Permanent Residents)

What to Do If You Are Detained at a Port of Entry (LPR)   Source: AILA Doc. No. 18110604.

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Can Trump End Birthright Citizenship?

President Donald Trump has confirmed plans to issue an executive order ending birthright citizenship, which grants citizenship to children born in the US regardless of their parents’ citizenship. According to Matthew Kolken, an immigration lawyer who is an elected member of the American Immigration Lawyers Association’s (AILA) board of governors, the very Supreme Court justices whom […]

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Marriage and Living in Marital Union Requirements for Naturalization

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA). Background In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be […]

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Allegations of Fraud at the Adjustment of Status Phase for Asylee

In recent months, there have been reports that USCIS has requested waivers of inadmissibility from asylee adjustment of status applicants based on alleged fraud relating to the asylees’ initial arrival to the United States. Allegations of Fraud or Material Misrepresentation Recently, there have been reports of USCIS issuing RFEs or otherwise raising inadmissibility under INA […]

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U.S. citizens applying for green cards for noncitizen spouses see growing waits

More and more couples applying for a green card through their marriage are experiencing a longer wait period for their Green Card interview. Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers. Among those […]

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Update on FAM Changes to Public Charge

In January 2018, the Department of State revised the public charge provisions of the Foreign Affairs Manual (FAM). Most significantly, 9 FAM 302.8-2(B), which previously stated that “[a] properly filed, non-fraudulent Form I-864 [Affidavit of Support] … should normally be considered to meet the INA 212(a)(4) requirements and satisfy the totality of the circumstances analysis,” […]

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Special Naturalization Provisions for Children

USCIS issued a policy alert updating the USCIS Policy Manual with guidance to clarify certain special naturalization provisions for children. In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on the marriage under section 319(a) of the Immigration and Nationality Act (INA). Children who […]

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