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H-1B Visa Application Season Begins April 1st

Although it hasn’t had the same meaning during the last few years, the H-1B Visa application season begins April 1st. That date marks the first date on which employers can petition for workers to begin working during fiscal year 2012. Thus, those that apply on April 1st can begin working on October 1, 2011 – …

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Immigration Agency To Adjudicate All Adam Walsh Subject Marriage and Fiance Visas At Vermont Service Center

The Immigration agency has announced plans to adjudicate all marriage and fiance(e) visa applications subject to the Adam Walsh Act at the Vermont Service Center. The Adam Walsh Act requires that the Immigration agency affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if that petitioner has been convicted of …

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New York City Immigration Office Holding Same-Sex Immigration Petitions?!

UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no longer …

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Some USCIS Local Offices Accepting Same Sex Immigration Petitions?!

UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no …

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Good Moral Character and the Naturalization Application

An individual applying for naturalization must have “Good Moral Character.” The immigration agency has wide discretion in determining whether someone has good moral character. However. there are some set principles that apply. If you are thinking about naturalizing, please contact a naturalization lawyer to ensure your eligibility. As the follow demonstrates, naturalizing can get confusing.

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Startup Visa Reintroduced Into Congress

The much talked about Startup Visa has been reintroduced into Congress. The Startup visa was first introduced in 2010, and needed to be reintroduced following the January change in Congress. Whether the Startup Visa will gain any traction is yet to be seen. Congress does not currently seem interested in improving America’s much maligned immigration …

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DHS Announces Ability to Self-Check With E-verify

The Department of Homeland Security has announced the ability to curious individuals to self-check whether they have work authorization in the United States. The self-check is available at the USCIS website. Currently it is only available in a few states, including Virginia, Arizona, the District of Columbia, Colorado and Idaho.

The …

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Immigration Court Allows K-1 Visa Holder to Adjust Status After Marriage Ends

The BIA Immigration Court has recently ruled that a foreign national who entered into the United States through the K-1 Visa can adjust status to a permanent resident even after the marriage to the K-1 Visa petitioner has ended. In the case, Matter of Sesay, the K-1 visa holder had married the U.S. citizen spouse …

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USCIS Changes H-1B Cap Exemptions Policy Based On Relations and Affiliations

The H-1B visa cap has been reached for the current year. However, the cap does not apply to certain groups of H-1B visa applicants. One such cap exempt group is potential workers at institutions of higher education.

Further, after prodding from businesses and other shareholders, the USCIS has begun to review its policy on whether …

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High School Valedictorian, Would-be NASA Scientist Faces Deportation

A high school valedictorian from New Jersey faces the likelihood of deportation from the United States. Afterward, the valedictorian will likely be barred from entering the United States for ten years. The valedictorian aspired to be a NASA scientist, but because he entered the United States as a minor and without authorization, unless something dramatic …

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Immigration Benefits Available For Same Sex Couple Diplomats

Beginning last month, the Department of State has announced that its diplomats can obtain immigration status for foreign national spouses who are of the same sex. This marks the first time that the United States immigration system has acknowledged same sex couples. Whether further changes will be made is yet to be seen.

Immigration Agency Offers Relief to Japanese

Following the damaging earthquake in Japan, the United States immigration agency has offered immigration relief to Japanese nationals and citizens. Individuals whose immigration status is about to expire will be allowed an additional 30 days of immigration status. To find out more information, please visit the USCIS website.

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New Filing Address For Change of Address

Effective March 15, 2011, the USCIS has announced that all individuals who must notify USCIS of a change in address, must use a new address:

DHS/USCIS Harrisonburg File Storage Facility Attn: AR-11 1344 Pleasants Drive Harrisonburg, VA 22801

To notify the USCIS of a change of address, noncitizens must use form AR-11.

 

USCIS Proposes H-1B Visa Lottery

The USCIS has announced that it plans to implement a system that would allow for H-1B visa seeking companies to “pre-register” for an H-1B before beginning the process of completing an H-1B visa application. The change is a significant step forward as the change is expected to save U.S. companies $23 million in the next …

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How To Request Expediated USCIS Immigration Processing

The immigration process sometimes feels like it is based on geological time. Often, it is impossible to get the immigration agency to move any faster. However, in certain circumstances, the USCIS will consider a request to expedite an immigration petition.

The USCIS expedites petitions on a case-by-case basis. To be considered for an expedited request, …

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