Legal Advice

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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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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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EB-5 Regional Center Sunset

EB-5 Regional Center program is scheduled to sunset on September 30, 2018. Here are some updates to keep in mind: Non-Regional Center EB-5 Has No Sunset. It is important to remember that only the EB-5 Regional Center Program has a sunset date. If only direct job creation is requested by a client (non-Regional Center), then […]

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Talking Points and Background Information on USCIS RFEs and NOIDs Guidance

What is It? On July 13, 2018, USCIS issued new guidance regarding adjudicator discretion to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The new policy makes it easier for USCIS to deny an application or petition without first issuing an RFE […]

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“Buy American, Hire American” – Hurting U.S. Companies?

On April 18, 2017, President Trump issued the “Buy American and Hire American” (BAHA) Executive Order[1], ushering in a new immigration regime in the Department of Homeland Security (DHS).[2] While the laws have not changed, the presidential directive has radically transformed DHS’s approach to adjudicating immigration cases, some would argue, to the detriment of some […]

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New Complaint Accuses ICE of Threatening Undocumented Parents Into Signing Deportation Papers or Never Seeing Their Kids Again

A complaint filed with the Department of Homeland Security accuses ICE of engaging in the “pervasive, illegal practice” of coercing the undocumented immigrant parents separated from their children at the border into signing documents, including deportation documents, they may not have understood. The complaint comes via the American Immigration Council and the American Immigration Lawyers Association, filed […]

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Who Qualifies for the STEM OPT Extension?

Who is Eligible for the STEM OPT Extension? Certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion optional practical training (OPT). To qualify for the 24-month extension, you must: Have been granted OPT and currently be in a valid period of OPT; Have […]

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