TN Professional
Abandonment of LPR (Green Card) Status (Part I)
Maintaining Legal Permanent Resident (LPR) status requires intent to permanently reside in the United States. Accordingly, an LPR is subject to a removal order from an Immigration Judge if found to have “abandoned” intent to live in the U.S. permanently. The issue of abandonment often arises when an LPR travels abroad. Although the LPR’s intent…
Read MoreWhat Is a Public Charge?
Determination that a person is a “public charge,” under U.S. immigration law has been used as grounds for inadmissibility and deportation of immigrants for many years, although deportations on public charge grounds are very rare because the standards are very strict. U.S. immigration officials use the term “public charge” in reference to a person who…
Read MoreModernizing PERM on DOL’s Agenda
In November 2014, the White House released a Presidential Memorandum directing agency heads to make recommendations for improving the U.S. immigration system. In tandem with the release of President Obama’s November 21, 2014 Memorandum, Department of Homeland Security Secretary Jeh Johnson also issued a Memorandum dated November 20, 2014, instructing the U.S. Citizenship and Immigration…
Read MoreBIA decision on Priority Date Retention at Odds with Longstanding USCIS Policy
Recently, the Board of Immigration Appeals (BIA) issued a non-precedential decision – In re: Grace Estrellado – that merits attention because the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. More specifically, under past practice, USCIS allows a beneficiary of a new I-140 to retain the priority…
Read MoreAdvance Parole Does not Trigger Unlawful Presence
Traveling abroad on advance parole but with unlawful presence? The Matter of Arrabally and Yerrabelly, 25 I&N Dec.771 (BIA 2012) as an example of the interplay between travel and status. In the landmark decision Matter of Arrabally and Yerrabelly, the Board of Immigration Appeals (BIA) found a husband (Arrabally) and wife (Yerrabelly) – both of…
Read MoreDriver’s License in Georgia with a Pending Application with USCIS
On January 1, 2014, Georgia Senate Bill (SB) 122 became effective which authorizes the issuance of a temporary driving license or identification card to a noncitizen applicant whose Georgia driver’s license has expired, or will expire within 30 days. Noncitizen applicants must present evidence that they have filed, or on their behalf has been filed,…
Read MoreNewsAlert! H-4 EAD Rule Approved
We are delighted to announce that the rule allowing certain H-4 spouses to apply for EAD (Employment Authorization Document) has been approved. The final rule will go into effect in 90 days on May 26, 2015. We will shortly post additional details about the rule.
Read MoreU.S. Embassy in Jamaica Puts New Restrictions on Third-Country National Visa Applicants
A Third Country National (TCN) Visa is a process whereby an alien, who is already in the U.S., can apply for a non-immigrant visa with a U.S. Consulate, located outside of their home country. This often makes the process more convenient for non-immigrants applying for the same visa status as his/her current visa status in…
Read MoreForeign Beneficiary May Challenge Revocation of I-140 Immigrant Petition
One of the most widely used provisions of American Competitiveness in the Twenty First Century Act (AC21) is the portability provisions that permits employment-based green card beneficiaries to move the green card application to a new employer provided certain conditions are met. The United States Court of Appeals for the Eleventh Circuit with jurisdiction over…
Read MorePresident’s Executive Actions on Immigration
On November 20, 2014, President Obama announced a series of immigration initiatives that could become effective as early as in the next 3 to 6 months. More than 4.5 million individuals potentially may stand to benefit from these long-awaited Executive Actions, including recipients of Deferred Action for Childhood Arrivals (DACA) program. These initiatives will allow…
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