What Proof?

Many people don’t this, but the standard of proof that the applicant has to show in an immigration case is the preponderance of the evidence standard. What that means is that it must be more likely than not that something is true. In other words more than 50% likely that something is proven. Unfortunately, it seems often that CIS h...

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Did You Know?

The USCIS Adjudicator’s Field Manual (USCIS AFM) which is the manual the CIS uses to adjudicate cases, says that a branch of a foreign entity CANNOT sponsor an manager for a green card through the I-140 process. Although the USCIS AFM does not have the same force of law as the Immigration and Nationality Act or a properly promulg...

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ITIN Numbers

The obtaining of individual taxpayer identification numbers (ITIN) became significantly harder in 2012. ITIN's are used by many undocumented immigrants to pay taxes on monies earned in the United States. We also use them for foreign nationals who are not eligible for Social Security numbers, ITIN's issued by the Internal Revenue Serv...

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H-1B Entrepreneurs

Historically, foreigners have been instrumental in the creation of many successful companies in the US. However, the US immigration laws have become less and less welcoming to foreigners who wish to create their own companies. In 2010, a memo was promulgated that made things much more difficult for entrepreneurial petitions. Someti...

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B-1 In Lieu Of H-1B – Will This Useful Category Survive?

The visa category known as is a lesser-known and frequently misunderstood option. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose of performing duties related to their foreign employment. The B-1 in lieu of H-1B classification has become quite controvers...

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New I-9 Form

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately, all NEW hires by U.S. employers should fill out the new version of Form I-9. Starting May 7, 2013, use of the new version of the form is mandatory. now has 9 pages:  Official Instructions (pages 1-6), the form on which the emp...

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New I-94 System

The U.S. Customs and Border Protection recently announced that it has submitted a rule that will automate Form I-94 Arrival/Departure Record to streamline the admissions process for individuals lawfully visiting the United States. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S. ...

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The Bill For Comprehensive Immigration Reform

The talk in congress is getting heated on the immigration debate. I would like to bring your attention to several items in the bill The bill for Comprehensive Immigration Reform is an overall positive bill and the Senators and all involved must be applauded for their efforts. Having said that, there are some provisions in the bill t...

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Your F-2A Will Be Current In August

AILA Liaison announced that the  contained significant changes for the family-based 2A (spouses and children of lawful permanent residents). The F-2A category, which in July had a cut-off date that hovered around September/October 2011, will be “current” for all chargeability areas in August and “is expected to remain so for ...

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Equal Rights Wins! DOMA Loses!

Sitting in the enormous Grand Ballroom at the Westin Hotel in San Francisco, surrounded by hundreds and hundreds of immigration lawyers, the room pulsed with long-awaited anticipation and an undeniable sense of victory.  On that June 27, 2013 early morning – it was my very first, annual conference of the American Immigration Lawy...

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