Immigration QA

Did you know you can rent your own personal vault in an actual bank?  A young man called me today because he needs a new Social Security card, but can’t prove U.S. citizenship with merely a copy of the  certificate. He lamented the $500 application fee to replace it. I don’t blame him.  But the point remains: Lack of essential documentation is a frequent root cause of immigration (and life) problems.  Safe deposit boxes are a reliable way to store documents like birth certificates, naturalization certificates, passports, wills, family heirlooms, and Social Security cards. See link below. Non-citizens in particular should start to use them as well as fireproof safes that can be gotten for relatively cheap off Amazon and Walmart. This is particularly so in the initial stages of immigration when non-citizens tend to move frequently, increasing the chance for loss. I think it’s important to begin educating on documentation preservation. PS I don’t agree with some critici...

  Extensions can be beautiful yet complicated. Like hair extensions, H1B extensions can be a very good thing, but are complicated to achieve.  To be sure, both require particular attention. Recently I received some questions about extending an H1B visa. BACKGROUND An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required.  There is an annual cap on these visas and competition is high to just be allowed to apply for the H1.  Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors ...

  I recently answered the following question: Q:   I am applying for a citizenship based on marriage. I was wondering when I am filling out the form do i base my answers on 3 years work, travel and residence history or do i still have to include 5 years worth of work, travel and residence history? Do I need to include an additional sheet explaining why i have submitted just 3 years worth of work, travel and residence history or should i just scratch the number 5 in the form wherever necessary and put the number 3 above that?   A:   Don't scratch anything out. I think your separate sheet idea is better. There is also space in some of the answers for explanations on the form itself, so use those whenever possible. Since you are only using three years it is important that you emphasize, In your supporting documentation that you are eligible for that timeline. This means demonstrating, almost like you did in your green card application, that you have continued to re...

I was recently asked what I'd like non-immigration attorneys to know about the practice of immigration law. The first thing that came to mind is it's complexity.  This is not to say other areas of law are not incredibly complex, but a flavor of what a typical immigration lawyer encounters may be enlightening for lawyers and non-lawyers alike. In a landmark decision expanding rights of noncitizens regarding proper immigration advice before a guilty plea, the U.S. Supreme Court specifically stated, “Immigration law can be complex, and it is a legal specialty of its own.” Padilla v Kentuck y (2010).  The court was right to underscore this, and it’s understandable how many can overlook just how complex immigration law is. For example, different “legal statuses” exist for noncitizens depending on their purpose of entry. There are temporary entries ranging from visitor or student, to refugee and myriad of narrowly defined occupations.  Then there is Legal Permanent Residency, o...

The 46th President of the United States, Joe Biden, has issued  immigration changes on his inaugural day .  His transition organization issued a fact sheet laying out many executive orders to sign as he steps into the White House for the first time as U.S. President, including several immigration policies.  UPDATE 01/21/21: Those executive orders and actions are now in effect and their language can be found on the White House web page or this link . Day-1 executive orders orders are commonly prepared and signed by all modern U.S. Presidents.  Some are meant to reinforce the new President's priorities, and some are to temporarily suspend the previous President's orders, especially prior agency regulations that have not yet been finalized and may be cancelled by the President/agency heads. President Biden's inaugural schedule includes primarily ceremonial visits.  But once he arrives at his new abode for the next four years, he will step into the oval office...

During our day to day activities, it's easy to miss the impact of immigration on our lives. But this guide takes a new angle and discusses why an natural born American citizen might use an immigration lawyer. I OWN A BUSINESS 1) The I-9 form is a critical piece of hiring any employee. It verifies that your new hire is legally allowed to work in the United States. But few people realize the I-9 is actually an immigration form. Completing this form improperly can lead to results worse than an IRS audit! 2) If your business requires specialized occupations, such employees may be hard to find. If you discover a foreign national that fits the qualification, an immigration lawyer is all but required to help navigate a complicated and nuanced work permit process.  Here's a link to my primer on H1B visas:   H1B Visa Primer . 3) If you are interested in capitalizing your business, there are incentives to foreigners to invest upwards of $1 million into a qualified business i...