FILING I-130 PETITIONS AT USCIS OVERSEAS OFFICES

In limited circumstances, I-130 petitions may be filed directly with a US embassy, which will forward the request to a USCIS overseas office for adjudication.  The I-130 is the first part of a family based immigrant visa petition. In 99% of all cases, the I-130 is filed in the United States even if the beneficiary plans to in...

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Issues with the Biometric Scheduling System

Persons living on the east coast filing Adjustment of Status applications for permanent residence, Employment Authorization Documents (EAD), Advance Parole Documents, Permanent Residence Card renewals  or replacements and re-entry permits (I-131), all need to first obtain biometric appointments (basically getting fingerprinting at a...

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BIOMETRICS OUTSIDE OF THE US

Anyone who has filed for a re-entry permit or I-90 (green card renewal) knows that they need to be fingerprinted in the US. This has caused much disruption for those living abroad. We have always wondered why the USCIS could not process these biometrics abroad. Recently, the USCIS said, " USCIS generally collects biometrics overseas...

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H-1B Cap Reminder

There are only eight (8) weeks before the start of the FY 2016 H-1B Cap filing season and to ensure timely filing, it is recommended that employers start submitting LCAs and gathering the necessary documents. Last year, the United States Citizen and Immigration Services received a record number of 172,500 cap petitions and it is like...

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March 2015 Visa Bulletin Released with Few Changes

The U.S. Department of State (DOS) recently released its March 2015 Visa Bulletin. The Visa Bulletin regulates adjustment of status (AOS) and consular immigrant visa applications by setting priority date cutoffs. Foreign nationals can file their AOS applications or obtain immigrant visas at a U.S. embassy or consulate abroad if their...

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H-4 Employment Authorization extended.

 The following is a summary of a notice diffused by the US Citizenship and Immigration Services on February 24, 2015.  Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 depend...

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Block on Executive Action

On Monday, February 16, U.S. District Judge Andrew Hanen temporarily blocked President Barack Obama's executive action on immigration, giving a coalition of 26 states time to pursue a lawsuit aimed towards permanently stopping the orders. Hanen issued a memorandum stating that the lawsuit should go forward, and that without a prelimi...

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L-1 Blanket Petitions at foreign U.S. embassies

For L-1 blanket petitions at a foreign U.S. embassy, a visa stamp and I-129S (with Petition Expiry Date endorsed) will be issued to the applicant.  The duration of the visa stamp's validity will depend on the nationality of the applicant and can vary anywhere from 3 months to 5 years, but the common expiration period for I-129S i...

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What About H-1b visas for Nurses?

On February 18th, the USCIS issued a memo with further guidance as to if nursing positions would qualify as a specialty occupation and thus qualify for an H-1b visa. The following is a summary of that memo. One of the main requirements for a position to be eligible for H1B classification is that it can only be filled by s...

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ID Requirements for Public Schools in New York

In 1982, the Supreme Court ruled that in the United States, any individuals including illegal immigrants are secured with the right of free education from elementary to higher education (secured in the U.S. constitution). However, some public schools in New York demanded students and their guardians to submit documents to prove their...

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