Permanent residents who file for their unmarried sons or daughters over the age of 21 are often dismayed and disappointed to learn-only after it is too late--that their petitions may be jeopardized by the marriage of their children. How and why does this happen? The...
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Visa Issues
DNA Tests May Be Considered for Sibling Petitions
The Board of Immigration Appeals ("BIA") issued an important precedential decision last month regarding sibling DNA test results. The decision is Matter of RUZKU, 26 I & N Dec. 731 (BIA 2016). The holding basically establishes that direct sibling DNA test results...
Do Religious Marriages in India have to be registered for US Immigration? | Spouse Visas
One very common misunderstanding regarding marriages in India is the legality or validity of certain ceremonies. In general, the United States will recognize, for immigration purposes and otherwise, marriages abroad provided that the marriages performed abroad conform...
Immigration May Look At Facebook and Social Media | Visa Screening
An intriguing article came out last week in the New York Times regarding the use of social media by the Department of Homeland Security to identify and root out potential terrorists. According to the article, the DHS is considering new policies to scrutinize the...
Filing for New Spouse After Green Card | 2nd Marriage Issues
Under certain circumstances, a bona fide marriage with a United States Citizen or Lawful Permanent Resident not entered into for immigration purposes may form the basis of an application for permanent residence. However, far too often, foreign nationals are under the...
The Hidden, Unforeseen Consequences of Alien Smuggling on Visas
Criminal convictions and fraud/misrepresentation before the government are not the only ways to run afoul of the immigration laws and jeopardize an application for permanent residence or immigrant visa. One often overlooked ground of inadmissibility is alien...
New Airport Rules May Affect Illegal Aliens Flying Domestically
One of the most common sources of anxiety for undocumented and out of status people is whether they can travel within the United States, particularly by air. By now, many people are hopefully more aware that international flights outside the US can seriously...
Advance Parole for DACA holders
Advance parole is most often understood in the context of adjustment of status applications where the applicant is given advance permission by USCIS to leave the US while his or her green card case is pending without being considered to abandon it. However, one does...
Filing for Green Card Under the November Visa Bulletin | New Procedure
Transcript of Episode 4 of our US Citizenship and Immigration Podcast on Itunes. Check it out and subscribe!"Hello. Welcome to Episode Four of the Lee & Garasia Immigration Podcast. Thanks for joining us.Two New Visa BulletinsToday I want to talk about the new...
Some People May Be Able To File I-485 Sooner Under New Visa Charts
The U.S. Citizenship & Immigration Services (USCIS) recently announced the implementation of new procedures that will decrease waiting periods for eligible adjustment of status applicants. Furthermore, the new procedure will allow the Department of State (DOS) to...