Foreign nationals who overstay their I-94 and are subject to INA 222(g) will need to apply for a new U.S. visa in their country of nationality.
Read More
An explanation about how long a noncontrolled Canadian can stay in the U.S., and how they can show their date of entry.
Read More
An individual with a properly filed pending application to adjust status does not accumulate unlawful presence while the application is pending, but would begin to accumulate unlawful presence starting on…
Read More
Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the…
Read More
These are two immigration concepts addressing the physical presence of a noncitizen in the United States.
Read More
The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.
Read More
The US Supreme Court ruling of June 7, 2021, held that TPS holders must have a lawful admission in order to become Lawful Permanent Residents (LPR).
Read More
If you file your change of status petition after your I-94 expired, you will have to show that it was due to extraordinary circumstances beyond your control.
Read More
I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport…
Read More
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we…
Read More
I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years ago when I was 20 years…
Read More
If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if…
Read More
On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule for students and exchange visitors. On…
Read More
On May 18, 2018, USCIS issued a memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F,…
Read More
On May 18, 2018, USCIS issued a policy memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their…
Read More
In a policy memorandum issued on May 18, 2018, USCIS has announced that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to…
Read More
The Diversity Lottery is a program that provides green cards for people from countries with historically low rates of immigration through a lottery system. 50,000 green cards will be awarded…
Read More