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Immigration Benefits for Same Sex Couples?

Last week the Government announced that it would no longer defend the Defense of Marriage Act. This announcement has many potential implications for same sex couples. One potential implication is how, or when, the USCIS will begin recognizing same sex marriages when it comes to providing immigration benefits. As of right now, the USCIS does …

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Immigration Agency Naturalizes 98 Armed Forces Service Members In Afghanistan

The USCIS recently highlighted a naturalization ceremony it performed for 98 service members who are currently deployed to Afghanistan. The USCIS performed the ceremony with immigration officials from its Bangkok Field Office.

Normally, a person seeking to naturalize must be a permanent resident of the United States and must have been in the United States …

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Alternatives To H-1B Visa

Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization. The following is a list of potential options, however it is not exhaustive. If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option …

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Immigration Form I-129 Now Requires Answer To Export Control Question

Late last year, the USCIS introduced a new I-129 form for employers who seek to hire noncitizen workers. Among the changes in the form was a required certification that employers were required to make concerning compliance with the U.S. export control laws. Soon after announcing the new export control certification, the immigration agency yielded to …

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USCIS to Offer E-Verify Self-Check

The USCIS will soon offer an E-verify program that will allow individuals to self-check their work authorization status. The service will allow an individual to self-input information about themselves to determine whether there are any mistakes in a person’s record.

The e-verify system is a volunteer system that allows employers to verify a new employee’s …

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Do Immigrants Need To Register for the Selective Service?

A common question for many immigrants is, “do I need to register for the selective service?” In many cases, immigrants are surprised to learn that, yes, they are required to register for the selective service. To naturalize, many immigrants need to apply to the selective service. In fact, if an immigrant is required to register, …

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Attracting the Best and Brightest – An Immigration Article Published By Chris Gafner

Immigration attorney Chris Gafner has published an immigration law article entitled Attracting the Best and Brightest: A Critique Of The Current Immigration System. Published in the Fordham Urban Law Journal,the article provides an in-depth analysis of the current U.S. immigration system for attracting the best and brightest immigrants to the United States. The article also …

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USCIS to Issue Joint Advance Parole and Work Authorization Document for Family Immigration Petitions

The USCIS has announced that it will soon begin issuing joint advance parole and work authorization documents for applicants seeking family-based immigration petitions.

Normally, when an immediate relative of a U.S. citizen seeks to obtain permanent residency in the United States, the applicant will file an “adjustment of status” application and will concurrently file an …

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Delays At Texas for Immediate Relative Family Immigration Petitions

The Department of Homeland Security has announced that the Texas Service Center is experiencing delays in it adjudication of immediate relative family immigration petitions. The delays are due to a recent shift in petitions from the California Service Center to the Texas Service Center. Immediate relatives are family members who are the spouse, minor child …

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USCIS Updates its EB 1-A and EB 1-B Visa Criteria Guidelines

The USCIS recently released a policy memorandum concerning its adjudication of EB 1-A visa and EB 1-B Visa. The memorandum updates the USCIS’s guidelines to its adjudicators as to how to review an application’s documentation and refines how the adjudicators analysis each petition.

The EB 1-A visa (also known as the EB 1-1 visa) is …

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2010 Statistics for Immigration Court, BIA, and OCAHO

The Department of Justice’s Executive Office for Immigration Review has released its statistics from fiscal year 2010 for immigration courts, the BIA (Board of Immigration Appeal) and OCAHO (Office of the Chief Administrative Hearing Officer). The full report is available on the DOJ website. Here are some of the highlights:

Immigration Court receipts increased by …

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EB-5 Regional Centers and Indirect Job Creation

The EB-5 regional center program is the heavy lifter of the EB-5 visa category. Approximately 90% of all EB-5 visas that are issued each year are through an EB-5 regional center. One reason for this disparity is the view that regional centers require less commitment and concentration by the EB-5 visa holder. Additionally, the evidence …

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