False Naturalization Statements Leads to Jail Time

When completing a naturalization application, or any application for visa or citizenship privileges, applicants are held under the penalties of federal law. In Worcester, Massachusetts a man is in custody under charges of making a false statement on an application for naturalization. While many believe making false statements to conceal any past unpleasantries (e.g. former…

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Multiple Petitions for Same Beneficiaries: FY20 H-1B

Federal regulations prohibit the filing of more than one H-1B petition for the same beneficiary in the same Fiscal Year, regardless if the filing is adjudicated by a parent company and its subsidiary or related entity. However, some petitioners may be unsure if the company filed more than one petition, particularly if a petition for…

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USCIS Resumes H-1B Premium Processing: 2018 Filings

Recently the United States Citizenship and Immigration Service (USCIS) announced that the service would resume premium processing on February 19thfor those regular pool H-1B petitions filed on or before December 21stof 2018. This announcement follows an earlier resumption of premium processing for fiscal year 2019 masters-cap petitions. Those petitioners who have received a transfer notice…

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Revised Form I-539 (H-4, L-2, F-2, B-1, B-2, etc.) Available March 11th

United States Citizenship and Immigration Service (USCIS) announced new changes to the Form I-539, Application to Extend/ Change Nonimmigrant Status. On the cusp of the H-1B filing season, this new change will swiftly alter form requirements for several visa petitions, including the dependents of H-1B visa holders. Change to Form On March 11, 2019 and…

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Checklist for Evidence of “Good Faith” Marriage (I-751)

A U.S. conditional resident filing for the Petition to Remove Conditions on Residence, Form I-751, must provide information of a “good faith” marriage. The Form I-751 petition, made available to those conditional permanent residents who obtained status through marriage, requires evidence that the marriage was legitimate, and not a means to subvert immigration laws. Types…

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Birth Tourism Crackdown: Arrest of China-Linked Operators

In California, three people were arrested for allegedly operating a so called “birth tourism” scheme marketed towards Chinese clients. The charges included conspiracy to commit immigration fraud, international money laundering, and identity theft. According to the US Attorney General’s office, those in custody are accused of maintaining a business in Southern California that charged Chinese…

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H-1B Lottery Goes Electronic: FY 2021

On January 30th, the Department of Homeland Security released a final rule and amendment to H-1B petition regulations for those petitions subject to the H-1B cap. The new regulation requires petitioners filing H-1B visa petitions subject to both the regular cap and advance degree exemption to first electronically register with the United States Citizenship and Immigration Services…

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USCIS Increases Scrutiny for Family Based Applications

In the past few months, the United States Customs and Immigration Service (USCIS) has launched new initiatives to promote greater scrutiny towards several types of immigration applications. Under these new guidelines, Lawful Permanent Residents (LPR) and U.S. Citizens have received an alarming amount of RFEs, or request for evidence, for family-based applications. Petition for Alien…

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ICE Creates Fake University: DHS Sting

Under the direction of the Department of Homeland Security, a special investigation ICE task force created a fake University to catch foreign students trying to stay in the United States using the ‘Day 1 CPT’ program. Through a bogus online presence and fake office front, the University of Farmington had all the trappings of a…

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Request Certificates of Citizenship Online: Online Filing

The United States Citizenship and Immigration Service (USCIS) announced late last month a new set of eligible visas and naturalization filings for online applications. With an online account, applicants can now complete and file a Form N-600, Application for Certificate of Citizenship. Additionally, USCIS announced that N-600K, Application for Citizenship and Issuance of Certificate Under…

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