A preference category immigrant is an immigrant visa beneficiary that has been classified by her petitioner but cannot apply for an immigrant visa (Green Card) to enter the United States because no visa is yet immediately available to her. The Citizenship and Immigration Services (CIS) issues the immigrant beneficiary a priority...
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Sometimes Voluntary Departure is the Best Option
Voluntary Departure is the departure of an alien from the United States because of an immigration offense without an order of removal from the immigration court. Once an alien is granted the voluntary departure, he gives up all rights to any other available relief and must depart the United States...
A US Permanent Resident Can Reside Outside the United States and Still Qualify for Naturalization
Residency and physical presence in the United States are among the centerpiece requirements for naturalization in the country. The applicant must reside in the country for the five year period immediately before he files his naturalization application. If married to a United States citizen, he must reside continuously in the United...
Deferred Enforcement of Departure Extended for Liberians in the United States
Deferred Enforced Departure Extended for Liberians in U.S. Release Date: September 28, 2016 USCIS Automatically Extends Validity of Employment Authorization Documents WASHINGTON—President Obama has announced an extension of Deferred Enforced Departure (DED) for certain Liberian nationals through March 31, 2018. U.S. Citizenship and Immigration Services (USCIS) will automatically extend employment...
There is No U-Visa Without a Signed Certification
Without an executed and signed certification, the Citizenship and Immigration Services (CIS) cannot issue a U-Visa. Certification is where the U-Visa applicant requests and a law enforcement officer confirms that the applicant suffered from a qualifying U-visa crime, and is helpful or likely to be helpful in the prosecution of the...
A Violent Crime Against an Undocumented Immigrant Could Earn Him A U-Visa
Congress enacted the U-visa in October of 2000 under the Victims of Trafficking and Violence Protection Act (VTVPA). It was part of a two category law designed to protect victims of violent crime and human trafficking. After its enactment, it did not appear that the Department of Homeland Security (DHS)...
The Benefits of the Expanded I-601A Provisional Waiver of Unlawful Presence
The expanded I-601A provisional waiver of unlawful presence rule came into effect on August 29, 2016. The rule expanded the 2013 provisional waiver rule that created a shelter for individuals who had accrued unlawful presence by entering the United States without inspection and admission, and continued to unlawfully reside in...
The US District Court Grants Defendants’ Motion for Summary Judgment
DAHHANE v. STANTON Email | Print | Comments (0) Case No. 15-CV-1229 (PJS/BRT). ADAM DAHHANE, Plaintiff, v. LINDA LORRAINE STANTON, also known as LINDA LORRAINE STANTON-DAHHANE; and BONNIE LYNN STANTON, Defendants. United States District Court, D. Minnesota. August 12, 2016. View Case Cited Cases Citing Case Attorney(s) appearing for the...
DACA Renewal Application Timeline
The DACA benefit that came into effect under President Obama’s 2012 executive order was not affected by the Texas and the 25 other states rebel legal action. Immigrants under the benefit should not forget to renewal when it is time to do so. A failure to renew has far-reaching immigration...
Immigration Re-entry Permits: The US Permanent Resident’s Shelter
Generally, a Lawful Permanent Resident or Green Card holder cannot continuously reside outside the United States for over a one year period, or for frequent less than one year short intervals without jeopardizing his residency status. For residing outside the US for too long or too frequently, he could abandon...