9 Common Questions by Conditional Residents Held in Limbo

Hiba Ghalib Blog Leave a Comment

Our immigration system is constantly evolving. Updates are made seemingly on a daily basis, attempting to address challenges and reflect new priorities. In 1986 as part of the Reagan Administrations immigration reform bill, Congress enacted what is our current framework for marriage-based permanent residence requirements.  One such requirement was the enactment of a 2 year  “conditional“ greencard for immigrants whose …

The New and Much Improved Standard for National Interest Waivers under Matter of Dhanasar and Why this is Important for Entrepreneurs and Employers

Danielle Claffey Blog Leave a Comment

On December 27, 2016, the Administrative Appeals Office (“AAO”) issued a precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), vacating the 1998 decision is Matter of New York State Department of Transportation (NYSDOT), 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998).  Subsequently, on March 8, 2017, U.S. Citizenship and Immigration Services (“USCIS”) confirmed that they resumed processing …

What You Need to Know About the USCIS Fee Increase!

Danielle Claffey Blog Leave a Comment

U.S. Citizenship and Immigration Services (USCIS) decided that they’re not charging enough for application filing fees, so they recently published a notice proposing a fee increase.  I say “proposed” because the Department of Homeland Security (DHS) must first publish the proposal in the Federal Register and allow 60 days for the public to comment on the fee increase before it …

I Filed An Immigration Application With USCIS A Long Time Ago And I Have Not Heard Anything—What Can I Do?

Charles Kuck Blog Leave a Comment

It depends on the type of application you filed and how long it has been pending for. Some applications have definite processing times. For example, an application for a work permit (or Employment Authorization Document) should generally take no longer than 90 days from the date of filing (8 C.F.R. § 247a.13(d)); by law, USCIS must adjudicate naturalization applications within …

Do I really need an attorney for an interview with Immigration Services (USCIS)?

Charles Kuck Blog Leave a Comment

It will largely depend on whether negative factors exist in your case (for example: a complicated immigration history, a criminal record, issues with fraud, multiple marriages or petitions, etc.). An immigration attorney works like an insurance policy: you may or may not need one at the time of the interview, but when you do, you will be glad you hired …

USCIS Expands Worksite Inspection Program to L-1 Employers

Kuck Immigration Partners Blog Leave a Comment

The Fraud Detection and National Security Directorate created and implemented the Administrative Site Visit and Verification Program in July 2009 as part of its ongoing enhancement to the integrity of the immigration benefit process. Under the Verification Program, Inspectors conduct unannounced pre- and post-adjudication site visits to verify information contained in certain visa petitions.  Recently, there has been increasing talk …

The New Provisional Waiver – A Promising Program Foundering

Charles Kuck Blog Leave a Comment

For a year we waited for USCIS to put into effect changes it had discussed in processing the needed waiver for the 10 year bar found in INA § 212(a)(9)(B) for those people married to U.S. Citizens who had entered the United States without inspection.  The announcement of the change to a “provisional” waiver program brought with it much anticipation …

DOMA is Gone, and USCIS Accepts Same Sex Marriage Cases

Charles Kuck Blog Leave a Comment

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.”  Secretary Napolitano has  directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa …

USCIS- Moves Forward, Proposing a Change in the Process for Certain Inadmissibility Waivers

Kuck Immigration Partners Blog Leave a Comment

Just few days ago, on March 30, 2012, USCIS posted the Notice of Proposed Rulemaking (NPRM) changing the process for certain inadmissibility waivers in the Federal Register. If you’re interested in reading the entire rule and all the other attachments …here’s the link, enjoy the 60 + pages… So in a nutshell who qualifies and what does the proposed rule …

USCIS Knows What Its Problems Are. Will It Now Fix Them?

Kuck Immigration Partners Blog Leave a Comment

Recently, the USCIS conducted a survey of more than 5,000 “stakeholders” (folks who care about and participate in the U.S. immigration system in some way). These stakeholders were asked to identify the key areas of concern for them. The USCIS has now released its initial report from this survey, identifying the areas of concern most frequently raised by stakeholders. The …