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Can I Travel Outside The US With Advance Parole

December 18, 2012

A holder of the TPS status is allowed to apply for advance parole: a document authorizing the alien to travel abroad and return to the United States.

Section 212(d)(5) of the Immigration and Nationality Act (“INA”) grants the Attorney General authority to parole into the United States aliens seeking admission “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” 8 CFR § 212.5(f) authorizes USCIS to grant advance parole to aliens who will travel without a visa, by issuing “an appropriate document authorizing travel.”

The significance of the parole is that if a person entered without inspection, received a TPS or DACA status, traveled on parole and was in fact paroled back to the US, the person is no longer an EWI, and, can adjust status to one of the permanent resident.

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I-601 Fraud Extreme Hardship Waiver: I am inadmissible, but someone still needs my help!

December 17, 2012

If you entered the country using someone else’s passport, you are inadmissible, and hence cannot receive permanent residency even if you are married to a US citizen. However, if your US citizen or a permanent resident spouse or parent needs your help, the I-601 extreme hardship waiver might be your only option.

The first question anyone should ask is what constitutes an extreme hardship in the eyes of the USCIS. The answer is not so simple. The immigration officer will look at all the details of your application before making a decision. Every answer counts, which means you need to eliminate the possibility of  a misinterpretation. The extreme hardship can be demonstrated through an extreme financial hardship, medical hardship, psychological hardship, etc.

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I have married a US Citizen, now what? (citizen married to non citizen)

December 15, 2012

I’m sure we all know that by just marrying a US citizen you are not granted citizenship immediately right? Wrong, many people are unaware that paperwork has to be filed, and more importantly that after the paperwork is reviewed it can be stamped with that 6 letter word everyone fears the most, DENIED. Wondering what to do next after you have married a US Citizen? The first step is simple file for a green card; however, most immigrants overlook minor details, omit information, or just rush to hand in their application once they are legally hitched.

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USCIS To Charge A New Fee For Immigrant Visas $165

December 13, 2012

The New Fee is effective from 02/01/2013 and applies to consular processed Immigrant petitions. The Fee will be paid online through the USCIS website.

Read more Here.

NASSAU County Helps Attorneys-SANDY Survivors

December 11, 2012

As per Nassau County Bar Association President:

“WE CARE”, the charitable arm of the Nassau County Bar Association, has made a generous donation to provide assistance to members of the legal community of Nassau County suffering from Super Storm Sandy.

Administrative Judge Marano has formed a committee comprised of representatives of various segments of the Nassau County legal community who have donated funds, including the Association, COBANC, FOCO and the CSEA. The committee, chaired by former NCBA President Christopher McGrath, is working to gather information regarding the immediate needs of the legal community.

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После предыдущего отказа посольство выдало неиммиграционную визу сыну постоянно проживающей в США женщины

December 11, 2012

Мать и сестра 23-летнего Дмитрия (настоящее имя изменено) пришли в мой офис с просьбой помочь Дмитрию приехать в США, чтобы отметить семейное событие.

Сестра Дмитрия вышла замуж за гражданина США, и после замужества она смогла спонсировать Дмитрию и своей маме поездку в США. Однако, так как  Дмитрию уже исполнился 21 год, и он не имел права на ускоренную процедуру получения визы, ему пришлось остаться в своей стране. Семья очень переживала, они попытались обратиться за визой В-1 для Дмитрия, однако ему опять было отказано.

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USCIS New Policy On I601 And I212 Filing

December 6, 2012

USCIS Published new memo on the location of filing of I-601 and I-212 waivers. The field officers will now be allowed to accept and consider the filings in exceptional circumstances. Those circumstances may include: medical emergency, physical threats, aging outs issues, etc.

You may read the memo HERE.

USCIS Ciudad Juarez Field Office No Longer Accepting Form I-601

EB5 Statistics Is Released By The USCIS

December 4, 2012

The USCIS issued its statistics for the entrepreneur immigrant visa petitions and for application by the entrepreneurs to remove the condition from their green card status.

From the form available here it is apparent that in 2012 the USCIS received an unprecedented amount of the immigrant visa petitions and as a result the number of approved petitions was high as well. However, how successful the applicants were?

The ratio of receipt/ approval in 2010 was 1.43; in 2011: 2.42; and in 2012: 1.64. So what does it mean? It means, that when the ratio of the tow number is close to 1, there was approximately equal  number of receipt and approval that year. If the number is high, lets’ say like 4.6 in 1999, it means, that denials/non approvals were way higher than the number of application files. So, using this measure, the most successful for immigrant entrepreneurs year was 2009; and the worst year was 1999. It is just a fun statistics and it does not include  “roll over” applications and approvals of applications submitted din prior years.

House Passes STEM Jobs Act

November 30, 2012

By a vote of 245 to 139 the House passed the STEM Jobs Act, which now will be moved to Senate for consideration.  The Act is disfavored by the Obama administration as it does not provide long term solutions for the Immigration issues:

 The Administration opposes House passage of H.R. 6429. This legislation, if enacted, would allocate immigrant visas for advanced graduates of a limited set of STEM degree programs, would offer a limited number of visas for families through the “V” nonimmigrant visa program, and would eliminate the long-standing Diversity Visa program that makes immigrant visas available to certain individuals from countries with low rates of immigration to the United States.
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