Section 245(i) and Proving Physical Presence

For individuals seeking to pursue permanent residence in the United States, the eligibility requirements of Section 245a of the Immigration and Nationality Act (“INA”) must normally be satisfied. While Immediate Relatives of United States… Read More
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Can I Get My Permanent Green Card If I am Abused By My US Citizen Spouse

Too often, many conditional lawful permanent residents remain trapped in abusive marital relationships because they believe that they will lose their status if the USC/LPR spouse “cancels their file” or fails to file for their permanent g… Read More
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Questions and Answers for Provisional Stateside Waivers

There is an excellent Questions and Answers available on the USCIS website regarding the Provisional Unlawful Presence Waivers, which to date, is still not yet in effect. At this stage, USCIS is encouraging the public to submit comments. The comment… Read More
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Under new decision, New Jersey children of K-1 fiance's (K-2 visa holders) may be able to file for green card even after turning 21!

A recent Board of Immigration Appeals (BIA) decision from June may help many people whose adjustment of status applications were wrongly denied on the basis that they had “aged out.” The decision is Matter of Le, 25 I & N Dec. 541 (BI… Read More
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What Constitutes Abandonment of Lawful Permanent Residence?

A very interesting decision came down recently regarding lawful permanent residence and what constitutes abandonment. The case is Khoshfahm v. Holder. Although this is a 9th Circuit Case, it is nevertheless illuminating, and provides a good discussio… Read More
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A Work Permit is no guarantee of success

Every so often, while trying to ascertain what immigration applications a client may have filed in the past, I hear, “immigration approved that case because they gave me a work permit.” Unfortunately, things are never that simple. An empl… Read More
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Measures to Prevent Lost Green Cards

On May 2, 2011, USCIS announced that it will be implementing a new procedure called the Secure Mail Initiative (SMI). Made possible with a partnership with the US Post Office, the SMI will supposedly allow USCIS to confirm delivery of important docum… Read More
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