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immigration

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Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship Immigration

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

I am interested in applying for US citizenship, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a citizenship application also known as a naturalization application,…
October 20, 2020
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The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas? Immigration

The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas?

As explained in a separate blog post found here, the October 2020 Visa Bulletin generally saw significant forward movement on visa availability. The October Bulletin also showed that lower-preference employment categories (for example, the EB-3 category) are able to receive…
October 12, 2020
The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action? Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…
October 9, 2020
I filed a green card application. Should I apply for an Advance Parole and Employment authorization card? Family ImmigrationImmigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…
October 8, 2020
I hired an immigration lawyer who is not licensed in the specific U.S. state I plan to move to and work in. Is she permitted to represent me on my immigration case? Immigration

I hired an immigration lawyer who is not licensed in the specific U.S. state I plan to move to and work in. Is she permitted to represent me on my immigration case?

Yes. A lawyer in good standing who is licensed in any of the 50 U.S. states is permitted to practice U.S. immigration law in any state. Where is this stated in the law? Federal regulations explicitly state that an individual…
August 27, 2020
Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York Family ImmigrationImmigration

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…
August 18, 2020
What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US? ImmigrationL-1 Visa

What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US?

On June 22, 2020, a Presidential Proclamation was issued that impacts the ability of certain visa holders to enter the United States. Under this proclamation anyone who was outside the United States as of June 24, 2020 and did not…
August 17, 2020
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New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules ImmigrationNews

New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. This injunction applies to both the State Department and the Department of Homeland Security. In the new public charge…
July 30, 2020
I am getting married, and I want to help my partner and future spouse obtain a green card. What are my options? Immigration

I am getting married, and I want to help my partner and future spouse obtain a green card. What are my options?

When determining how to best help your spouse or potential spouse obtain a Green Card, we must first determine your current immigration status; whether you are currently married and where your spouse or potential spouse is currently residing. I am…
July 28, 2020
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