Student Visa
Apply for EAD and SSN Simultaneously
To work lawfully in the United States, you may need to obtain a Social Security Number (SSN) from the Social Security Administration (SSA). SSNs report wages to the government and determine eligibility for certain government programs. Earlier last month, USCIS released a new Employment Authorization Document (EAD) that now includes the option to apply for…
Read MoreChanges to Foreign Affairs Manual (90 day rule): New Guidelines for Inadmissibility for Misrepresentation
On the first of September, the Department of State (DOS) released new guidelines, published in the Foreign Affairs Manual (FAM), for the term “misrepresentation” for the purposes of deciding grounds for inadmissibility. Misrepresentation of intent to enter the US or receive a visa presents grounds for inadmissibility under INA. The new announcement eliminates the DOS…
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 MoreObtaining Waiver for Nonimmigrants
Nonimmigrants who are found ineligible for admission (inadmissible) for entry into the U.S. are permanently barred from entering or remaining in the U.S. Generally, an inadmissible individual can seek entrance on a temporary basis with an Immigration and Nationality Act (INA) §212(d)(3) nonimmigrant visa waiver. This waiver is available to foreign nationals who have been…
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 MoreSTEM OPT Rule Found Invalid
On August 12, 2015, the U.S. District Court for the District of Columbia issued a decision in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security vacating the Department of Homeland Security’s (DHS) 2008 rule which extends the duration of optional practical training (OPT) for eligible STEM students. However, the court stayed the…
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