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According to US Supreme Court, Crimes of Violence Are No Longer Considered Aggravated Felonies (Deportable Offences)

The Supreme Court affirmed the Ninth Circuit’s judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a “crime of violence” is unconstitutionally vague. (Sessions v. Dimaya, 4/17/18) By Maria Sacchetti A Supreme Court ruling on immigration ignites a new political battle over federal officials’ power to deport foreigners who have […]

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TPS to Green Card: How Does it Work?

As a TPS holder, you are not guaranteed eligibility for legal permanent resident status. While several bills have been brought before Congress to create pathways to citizenship, none have become law yet. To stay in the United States legally after your TPS expires, you need a green card that is obtained through an Adjustment of […]

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Dispelling Four Myths About the H-1B Visa

By Sweta Khandelwal Immigration issues seem to pervade the news but of all the visa programs that allow foreign-born people to legally work in the U.S, it seems that the H-1B visa program generates some of the most debate. Unfortunately, most of the time, this debate feels very much one-sided, with news reports about abuse of […]

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USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

USCIS announced that between 4/30/18 and 10/31/18, the USCIS California Service Center (CSC) and the CBP Blaine, WA port of entry will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under NAFTA. A petitioner can choose to not participate in this pilot. From April 30, 2018, to Oct. 31, 2018, […]

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Practice Pointer: Calculation of Fines in an ICE I-9 Audit

Section 274A of the Immigration and Nationality Act provides ICE the authority to fine employers for various action relating to the unlawful employment of aliens. The process begins with service of a Notice of Inspection (NOI) to review the employer’s Forms I-9, Employment Eligibility Verification. If paperwork, hiring, or continuing to employ (H/CTE) violations are […]

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Who Qualifies for E2 Nonimmigrant Visa?

The E-2 visa allows businesspeople from certain countries to work in the U.S. for a business in which they invest. To qualify for an E-2 investor visa, the applicant must “develop and direct operations of an enterprise in which he has invested or is actively investing a substantial amount of capital. As a foreign citizen, […]

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What do you need to know about Adjustment of Status (I-485)?

Application to Register Permanent Residence or Adjust Status (Form I-485) is used by a person in the United States to adjust his or her status to permanent residency. Form I-485 usually submitted with other supporting documents. Requirements Under Regular Adjustment Procedures [INA §245]: The AOS applicant must: have been inspected and admitted or paroled (some limited […]

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Who Qualifies for U Visa?

The U visa is a nonimmigrant visa given to victims of crime who have suffered substantial mental or physical abuse, and who are willing to assist law enforcement and government officials in the investigation or prosecution such crimes. You may be eligible for nonimmigrant U status if you are an alien and: You have suffered […]

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10 Questions You Need to Ask Before Choosing an Immigration Lawyer

Are you looking for an immigration lawyer? Here are a top ten questions you need to ask before making your final decision. Does a lawyer have a license to practice law? Check if the lawyer has a license to practice law. Go to your home state’s bar association website and search for the lawyer’s name. How […]

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H-1Bs for Foreign National Seeking Second Degree at Institution Authorizing Immediate CPT

Background Information Recently, there have been a lot of examples indicating that U.S. Citizenship and Immigration Services (“USCIS”) has taken a restrictive reading of 8 C.F.R. § 214.2(f)(10) and as a result, it has issued a limited number of Requests for Evidence (“RFEs”) and denials for H-1B change of status petitions where the foreign national […]

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