Some non-citizens who are granted Temporary Protected Status (TPS) originally entered the U.S. without inspection and were therefore not considered to be admitted or paroled into the country. Since admittance or parole is a requirement for adjusting status to lawful permanent resident, the lack of inspection has prevented some TPS beneficiaries from successfully applying for […]
Learn MoreFor various reasons, U.S. Citizenship and Immigration Services (USCIS) may find you ineligible to be admitted to the U.S. as an immigrant, to adjust your status to legal permanent resident, or to obtain a K or V nonimmigrant visa or Temporary Protected Status (TPS). Depending on your circumstances, you may be able to apply for […]
Learn MoreUnited States Citizenship and Immigration Services (USCIS) increased the automatic extension of work authorization from 180 days to 540 days for certain applicants, effective May 4, 2022. If you have timely filed a Form I-765 application to renew your employment authorization document (EAD), and you were eligible for the 180-day automatic extension, you are now […]
Learn MoreA federal judge in Texas struck down Deferred Action for Childhood Arrivals (DACA) in July. Declaring the Obama-era immigration policy unlawful, the ruling blocks new applicants but allows existing DACA participants to maintain their protected status and renew their applications as needed. While the Biden administration immediately announced it will appeal, the ruling has created […]
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Many U.S. states have legalized marijuana, which may lead noncitizens to believe they can use marijuana without any immigration consequences. But possession of marijuana is still a federal offense, and immigration law treats any marijuana-related activity as a crime with harsh immigration penalties. If you are a noncitizen, you may be found inadmissible or removable, […]
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Sweeping immigration reform bills were introduced in the House and Senate last week. Based on the priorities outlined by President Joseph Biden on his first day in office, the U.S. Citizenship Act would provide a pathway to citizenship for nearly all of the 11 million undocumented immigrants living in the United States, while increasing legal […]
Learn MoreResumption of Visa Processing and Clearing the Backlog of Cases in Waiver Processing The Proclamation states the Secretary of State shall direct all Embassies and Consulates to resume visa processing in a manner consistent with the revocations listed. The Secretary of State will provide the President, within 45 days, with: Information about the number of […]
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The incoming Biden Administration is faced with standard challenges that come with the job, in addition to a raging pandemic in a very divided country. Immigration reform will have stiff competition in getting President Biden’s attention. As of this writing, Congress is also divided. Republicans still control the Senate, and without a Democratic win in […]
Learn MoreAims to ameliorate the damage done by the executive branch since Trump took office WASHINGTON, DC – Today, the American Immigration Lawyers Association (AILA) released recommendations on immigration reform and called upon the incoming Biden-Harris administration to take swift action to fix the immigration system. The set of key actions were developed in consultation with AILA’s national policy […]
Learn MoreBased on concerns raised by members that USCIS’s instructions on the filing of Form I-485 with Form I-944 were unclear as to what would happen to applications received on October 13, 2020, and what is meant by “received”, AILA asked for additional clarification from USCIS. In response, USCIS updated its instructions to read: If you filed your […]
Learn MoreOn August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a final rule outlining changes in fees for certain immigration and naturalization benefit requests which was scheduled to take effect October 2, 2020 (final fee rule). The final fee rule is expected to impact immigrants and nonimmigrants in several ways. Although the rule reduces […]
Learn MoreThe Visa Bulletin is a tool for you and the U.S. Government. The U.S. Government can only give out a limited number of Green Cards (or Immigrant Visas or visa numbers) every year: 226,000 for Family-Based immigrants and 140,000 for Employment- Based immigrants. The law limits how many can be used for each country and […]
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