Employment Based Green Card
Employment-Based Interview Update
Under the direction of the executive order “Protecting the Nation From Foreign Terrorist Entry Into the United States,” USCIS announced plans to require interviews for adjustment of status (AOS) based on employment. Previously, only a small percentage of employment-based AOS required an in person interview. Now, USCIS will require all employment AOS petitioners with pending…
Read MoreUnderstanding Your Status: Lawful Status, Period of Authorized Stay, & Lawful Presence
A foreign national’s legal status at the time of a change, extension, or adjustment of status can influence the outcome of an immigration matter. An error in maintaining legal status may prevent the foreign national from receiving the desired immigration benefits. It is important to understand your current legal status and how it may determine…
Read MoreFOIA Request to Resolve Immigration Issues
The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S.…
Read MoreSteps to Replace Lost Passport with U.S. Visa
Losing a passport with a valid U.S. visa, particularly in a foreign country, is always a huge setback especially for those who are on a short vacation and must return to the U.S. to resume their employment or to attend school. Irrespective of the care one takes to guard important documents, every year many passports…
Read MoreEmployment-Based Green Card Applicants to be Interviewed
Starting October 1, the U.S. Citizen and Immigration Service (USCIS) will require in-person interviews for adjustment of status (AOS) applications (I-485) based on employment (e.g., Form I-140) and refugee/asylee relative petitions. Under the direction of the January executive order “Protecting the Nation From Foreign Terrorist Entry Into the United States”, USCIS director James W. McCament hopes…
Read MoreGlobal Entry Enrollment Open for Indian Citizens
Travel to United States just became easier for citizens of India. In July, U.S. Customs and Border Protection (CBP) announced that India would be added to the list of approved Global Entry countries. According to the CBP, the Global Entry program allows expedited clearance for pre-approved, low risk travelers upon arrival in the United States.…
Read MoreSupreme Court Rules Citizenship Cannot be Rescinded Due to False Statements
Can a naturalized citizen have her citizenship revoked for making an immaterial false statement in her naturalization application? On June 22, 2017 the Supreme Court in Maslenjak v. United States decided that to rescind one’s citizenship due to false statement made during the immigration process, the statement has to be material. In other words, “the…
Read MoreWarrantless Searches by CBP at the Border and Port of Entry
U.S. Customs and Border Patrol (CBP) agents have the broad legal authority to conduct searches at the border and Port of Entry (POE). Unlike police officers who need search warrants, CBP can conduct searches “without individualized suspicion” as stated in CBP’s policy. U.S. citizens, lawful permanent residents, and visitors alike are subjected to CBP searches,…
Read MoreRights available to Green Card Holders upon returning to the United States
As a Lawful Permanent Resident (LPR), also known as a Green Card holder, you are free to travel outside the United States without affecting your permanent resident status. U.S. Customs and Border Patrol (CBP) screens all travelers returning to the U.S. To determine abandonment, CBP would consider the length of time you were abroad, the…
Read MoreChange in Authorized PERM Signatory at Audit
The Board of Alien Labor Certification Appeals (BALCA) recently reversed a Permanent Employment Certification (PERM) denial involving a change in the PERM application’s signatory at the time of an audit. The facts and legal issues of the case are summarized below based on public records. Please note that Sharma Law Offices, LLC did not represent…
Read More