This holds especially true for the best and brightest immigrants - including those applying through the extraordinary abilities visa and the outstanding professors and researchers visa.  [...]]]> Each year, the Department of Homeland Security provides statistics from the previous year.  These statistics provide great insight into immigration trends – especially when compared to previous years’ statistics.

This holds especially true for the best and brightest immigrants - including those applying through the extraordinary abilities visa and the outstanding professors and researchers visa.  The 2010 statistics show that EB 1-3 applicants (Multinational executives and managers) continue to be the largest subsection within the first priority worker section.  Additionally, the statistics highlight that most EB1 visa applicants are already in the United States.

Employment-based Visas -First  Priority Workers

This change is meant to improve the efficiency and security of the process. The forms that will now be filed at [...]]]> The US Citizenship and Immigration Services has announced that beginning October 30, 2011, it will begin requiring all N- forms to be filed as secure lockbox facilities instead of at local immigration agency offices.

This change is meant to improve the efficiency and security of the process. The forms that will now be filed at lockbox facilities include the:

• N-300, application to file a declaration of intent
• N-336, request for a hearing on a decision in naturalization proceedings
• N-600, application for certificate of citizenship
• N-600K, education for citizenship and issuance of certificate under section 322

After December 2, 2011 any forms filed with the local immigration agency offices will be returned.  For New York Immigrants, this means that these applications can no longer be filed at 26 Federal Plaza.

During the last month, the new Alabama law has been much maligned:

Two recently introduced bills are the Legal Workforce Act and the IDEA Act of 2011.

The Legal Workforce [...]]]> The last month has seen many new immigration bills introduced into Congress. Some of these bills look like viable steps towards improving the immigration policy of the United States – others do not invite such positive words.

Two recently introduced bills are the Legal Workforce Act and the IDEA Act of 2011.

The Legal Workforce Act would require all U.S. companies to use the E-verify system to verify all hires.  The bill fails to address how American companies are suppose to pay for the added cost of using E-verify, how requiring E-verify is any more useful than the current I-9 verification process, or how it will protect U.S. citizens who are not able to immediately accomplish an E-verify check.

The Immigration Driving Entrepreneurship in America (IDEA) Act of 2011 seeks to improve the ability of foreign national graduates of U.S. universities to remain in the United States and secure a route to permanent residency.  It also seeks to make it easier for foreign national entrepreneurs to set up companies in the United States.

K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens.  To qualify for the K-2, the child must be [...]]]> An immigration judge in Charlotte, North Carolina has allowed a K-2 status holder to adjust status to permanent residency despite the K-2 holder having turned 21 before the adjustment of status application’s submission.

K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens.  To qualify for the K-2, the child must be a minor, meaning that the child must be under 21 years old (and unmarried).  Once the K-2 visa holder enters the United States, he or she can adjust status to permanent residency once the K-1 visa holder marries the petitioning U.S. citizen.  In this case, the minor child turned 21 after entering the United States under K-2 status, but before filing an adjustment of status petition.  The USCIS denied the petition and  placed the K-2 visa holder in removal proceedings.  The USCIS held the position that the K-2 holder had “aged out” by not adjusting status before turning 21.

In removal proceedings, the immigration judge reviewed K-1 law (including K-1 visa cases, K-1 visa regulations and K-1 visa statutes), and concluded that the pertinent time for determining when a K-2 visa holder “ages out” is when that individual enters the United States.

K-1 visa petitioners who are in a similar situation should carefully approach their case as the courts throughout the country disagree about this issue.

The check [...]]]> The Department of Justice has recently released information for Employers and Employees who have received “no-match” letters from the Social Security Agency.  The “no-match” letters are sent when the social security numbers that are provided to the Social Security Agency do not match the social security numbers that the Agency has on record.

The check is done to prevent unauthorized work.  However, the Agency has been known to make mistakes and there is often much confusion about what an employer (or employee) can and cannot do to remedy the situation.  Many employers face the possibility of lawsuits if they do not act appropriately after the receipt of a “no-match” letter.

Here is the DOJ’s information for Employers

Here is the DOJ’s information for Employees

Naturalization refers to the process through which a noncitizen becomes a citizen. The process requires that an applicant meet certain requirements, including having good moral character, being [...]]]> Many use the words naturalization and citizenship loosely. Many even use the words interchangeably. However, don’t be confused – these words have distinct meanings and are not interchangeable.

Naturalization refers to the process through which a noncitizen becomes a citizen. The process requires that an applicant meet certain requirements, including having good moral character, being a permanent resident for a set amount of time (in most cases), swearing oath to the U.S. Constitution, and other important requirements.

Derivative citizenship, on the other hand, refers to a situation where a person has (or acquires) U.S. citizenship through the actions of their relatives and by meeting certain requirements. For example, in certain circumstances a child who is a lawful permanent resident automatically gains U.S. citizenship when a parent becomes a naturalized U.S. citizen.

To gain derivative citizenship, an individual need not complete a government application – it just automatically happens. However, once it is obtained, it is often necessary to obtain documentation of citizenship.

If you are thinking of naturalizing, or believe you may have derivative citizenship, please do not hesitate to contact a naturalization and citizenship attorney.

Too often, immigrants who come to the United States are subjected to domestic violence.  Often, these abused immigrants believe that their immigration status puts them at a disadvantage in dealing with the domestic violence.  [...]]]> In an effort to make its services more widely known, the USCIS has issued information for immigrant victims of domestic violence.

Too often, immigrants who come to the United States are subjected to domestic violence.  Often, these abused immigrants believe that their immigration status puts them at a disadvantage in dealing with the domestic violence.  This is not the case.   The immigration law has many features that allow it for domestic abuse victims to maintain their rightful immigration status (even without the support of an abusive U.S. citizen).

If you are a spouse or a child immigrant who has immigration status (or would have immigration status except for an abusive U.S. citizen), you probably have the ability to obtain (or maintain) permanent residency in the United States.

Your immigration status should never deter you from reporting abusive citizens.   Please contact Gafner Law Firm for a better understanding of your immigration possibilities.