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.
Khadija DerrickFebruary 17, 2023
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 the day after the application is denied.
Khadija DerrickAugust 15, 2022
The provisional waiver also known as the stateside waiver is a waiver authorized by law to waive the 3- or 10-year bar from seeking an immigration benefit resulting from a noncitizen living in the United States without status for a…
Khadija DerrickApril 13, 2022
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 concept of a noncitizen being present in the United States…
Khadija DerrickMarch 14, 2022
These are two immigration concepts addressing the physical presence of a noncitizen in the United States.
Khadija DerrickMarch 10, 2022
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.
Khadija DerrickFebruary 7, 2022
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).
Khadija DerrickJune 8, 2021
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.
Khadija DerrickJune 1, 2021
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 have available? Honestly, not that many. One option to consider…
Jenny ZhanFebruary 18, 2021
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 that is valid until at least 6 months beyond the…
Jenny ZhanJanuary 21, 2021
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 have available? Honestly, not that many. One option to consider…
Jenny ZhanSeptember 22, 2020
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 old. I married a United States citizen last year and…
Jenny ZhanSeptember 1, 2020
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 you can stay in the U.S. while the petition is…
Jenny ZhanMay 26, 2020
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 May 18, 2018, USCIS issued a memorandum announcing that it…
Jenny ZhanFebruary 19, 2020
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, J, or M visitor status. For the information on the…
Jenny ZhanMay 7, 2019
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 F, J, or M visitor status. To learn more about…
Jenny ZhanAugust 10, 2018
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 maintain their F, J, or M visitor status. Unlawful presence…
Jenny ZhanJune 5, 2018
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 for Fiscal Year 2018 (which begins on October 2017), and…
IanScottSeptember 16, 2016
