Many people are reporting that they have been unable to book INFOPASS appointments to visit their local USCIS offices. For the last several weeks, no appointments appear to be available. For individuals who have prepared their cases pro se, this can be incredibly...
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Year: 2017
Expect Processing Delays for Work Permits and Advance Parole
A November AILA practice alert has confirmed what many practitioners and clients have experiencing lately, namely an appreciable delay in the processing of work permit and advance parole applications. Nationally, people are reporting four to seven months to receive...
Not All Deportable Conduct Requires a Conviction
In order for our government to remove a foreign national on the basis of criminal conduct, a conviction is normally required. In terms of what constitutes a conviction, the Immigration and Nationality Act (INA) states as follows:(A) The term 'conviction' means, with...
Exceptions to the Affidavit of Support I-864 | What If I Don’t Make Enough?
In nearly all family-based cases, an affidavit of support is required to be executed by the petitioner/sponsor. Due to the stringent guidelines, however, not all petitioners qualify to meet 125% of the poverty guideline level, thereby placing the visa or green card...
How Long Can I Stay Outside the US Without Losing My Green Card?
Most permanent residents are aware that while they are authorized to stay indefinitely inside United States, they risk losing their status if they remain outside for an extended period of time. For all practical purposes, a green card holder will likely be refused...
Automatic Extension of Work Permits | What If EAD Expires While Renewal Pending?
For foreign nationals navigating our immigration system, one of the greatest sources of anxiety is the expiration of work authorization in light of USCIS's interminable processing delays, which have only increased during the present administration. Due to the sheer...
Do You Have To Answer a Text Message From ICE? | DHS May Start Calling, Texting, and Emailing Illegal Immigrants
Two weeks ago, the Portland Mercury reported that immigration enforcement officers in that state were allegedly texting undocumented immigrants in order to entrap them into disclosing their immigration status and other crucial information. The article can be found...
Not All Green Card Holders Qualify for the 212h Criminal Waiver
The Board of Immigration Appeals ("BIA") recently issued a precedential decision late this month that may be of interest to green card holders who are or may be facing removal proceedings. The case is Matter of Giovanni Rosalia VELLA, 27 I &N Dec. 138 (2017). The...
2017 Rule Change for Citizenship Through Military Service
The Department of State released two significant policy changes that will impact the ability of lawful permanent residents to naturalize through military service. The two new policies pertain to security screening and honorable service certifications necessary to...
Immigration Law Also Protects Abused Husbands, Parents, and Children | I-360
It is a common misconception that the "VAWA visa" is available only to females. This stems from the fact that the federal law that authorized protection for battered and abused spouses is entitled the Violence Against Women Act. However, the Act's protections do not...