Over the last year, there has been alarming uptick of consular cases denied on public charge grounds. Under this ground, a visa may be refused if the "applicant is likely, at any time after admission, to become primarily dependent on the US Government (federal, state,...
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Common Immigration Questions and Problems
Can A Dependent Family Member Immigrate If The Main Beneficiary Dies? | 204l
One of the most frequently asked questions we run into concerns the legal ability of derivative family-based beneficiaries to immigrate if the principal beneficiary is not able to. The common context in which this occurs is when a principal beneficiary dies before...
What Happens If I Don’t Change My Address With Immigration? | AR-11
In this climate of increased immigration enforcement, more and more undocumented aliens are being picked up at an alarming pace. Those with outstanding removal and deportation orders are particularly at risk, as they are essentially considered fugitives by Immigration...
Update on Immigration Interpreters| Can My Family Member Translate for Me?
In the middle of January 2017, USCIS released a Policy Memorandum concerning "The Role and Use of Interpreters in Domestic Field Office Interviews." The new memo (PM-602-0125.1) standardizes guidance on the use of interpreters agency wide in order to ensure that the...
What Can I Do With Immigration Before Trump Takes Office on January 20?
Many undocumented or "illegal" aliens are understandably concerned and apprehensive about President-elect Trump's impending immigration policies once he takes office on January 20. Many have opined that he will likely cancel DACA and institute more aggressive...
How The Permanent Immigration Bar Is Triggered | 212(a)(9)(C)
There is the three-year bar. There is also a ten-year bar. But many unsuspecting undocumented aliens are shocked to learn that there is also something loosely termed the "permanent bar." Unlike the three and ten year bars, which last for three and ten years,...
Can My Family Member Return To The US After Deportation?
With respect to immigration consequences, removal from the United States is commonly regarded as the most punitive measure the US government can impose on a non-US Citizen. Depending on the circumstances of and setting in which the removal order is issued, an...
How To Prove A Strong Case of Extreme Hardship | New Rules and Policy
Starting next month (December 5, 2017), USCIS will begin implementing new policy guidance regarding extreme hardship waivers and how they should be adjudicated. The new instructions for officers, as laid out in the updated USCIS Policy Manual, is a tremendous resource...
Working or Marrying on Tourist or Visitor Visa | The 30/60 Rule Regarding Fraud
When the subject of the "30/60 day rule" is discussed, it is often brought up in the context of marriage based cases in which a foreign national marries or files for adjustment of status within 30 to 90 days after entering the US. The issue is whether the alien...
Will My Priority Date Be Canceled If My Son Or Daughter Marries? | Family Immigration Issues
One major area of confusion and frustration concerns priority dates for family based cases. The assignment of a priority date is extremely important in estimating when a preference based family case is ready to be adjudicated by USCIS or the Department of State....