Immigration QA

Credit Reuters Happy days to the Indian national cricket team, taking its first grand title of a T20 World Cup.  A nearly blemish-free record by most accounts. By the way, this year was also America's first serious ICC Cricket tournament on home turf. The U.S. team actually won enough games to qualify for the 2026  T20 World Cup  in Sri Lanka and India! This rather reminds me of U.S. immigration law.  This is because, in addition to the many requirements for U.S. naturalization, applicants must have what is called Good Moral Character (GMC). This can be a highly discretionary standard used as a catch-all for a derogatory past that may not be technically disqualifying. Some people think it only matters for the previous five years. This is not true. For clients without a blemish on their record, I don’t submit proof of GMC.  For those that do, I work hard to prove this up.  So what is considered a blemish?  This must be examined early in a client screeni...

  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 ...

"Grace" is Minnesota's official state photograph. I was State Senator in 2002 when we officially voted for Minnesota's official "state photograph." A more prolific image originating from Minnesota than "Grace," I'm not aware of.  My colleague and friend, Rep. Loren Solberg , was the natural author of the bill since Loren lived in Bovey, Minnesota where the photograph was taken.  I think Loren also liked it because he bears resemblance to Charles Winden, the guy in the photo (Loren and I ribbed each other from time to time).  Read more about the history of Grace here. Speaking of grace, lately I've received a rash of calls from noncitizens who find themselves similarly situated to Mr. Wilden, praying for providential intervention in a recent job loss.  Primarily H1B visa holders, these folks have been laid off and are uncertain about their legal status and how to proceed with potential new employment in the United States.  The influx is prom...

Over the years I’ve been blessed to discover some effectives way to initiate the first call to a lawyer, and some not so effective ways. Initial contact with an attorney can move quickly and efficiently, or can take longer and lead to more confusion.  This post lists some of my own observations through 24 years of law practice to get the most out of your first call with an attorney. To clarify, it's not about WHAT to call a lawyer, as my imagination pales to many out there. It is about how to contact an attorney to make your first (or subsequent) call as productive--and inexpensive--as possible.  These are some helpful tips when contacting an attorney for the first time, or even when contacting your current attorney. Call from a Quiet Spot This is my biggest suggestion and most common problem. You are calling a lawyer because you have an important legal issue in your life that needs to be solved. If the attorney cannot hear you, or you cannot hear the lawyer, you risk losing i...

I RECEIVED THE FOLLOWING QUESTION TODAY:   My husband and father's cases have been in Administrative processing for over 9 months now. The Embassy is just delaying the process! ANSWER:   In general, there’s not much a lawyer can legally do to "unstuck" an application at an Embassy. An attorney can submit a letter, but Embassies are so bureaucratic it is doubtful the letter will reach the right person. An attorney can, however, sue the Department of State in U.S. federal court to force a decision one way or another, but this will cost thousands of dollars and the decision may go against you. One realistic course of action should be to contact your own Congressperson to write a letter to shake loose a decision. You should know, however, that if the application was problematic is some way, sometimes no answer is a good answer. Meaning, at least the application is not yet denied. To help determine your chances, a consultation with an attorney may help. But it will be essentia...

I recently answered the following question: Q: What are the requirements if I need to remove the condition on my two-year green card.  When do i need to apply exactly? A:  If you received your marriage green card within two years of marriage, your permanent residency is "conditional." This means you must prove your prove that your marital relationship still exists and is bona fide after two years. Obviously this is meant to prevent fraudulent marriages for immigration purposes. I  tell my clients this process it is basically like applying for your green card again in terms of what documents you need to provide. The form is I-751. The documents should come primarily from the two-year time period since green card approval. You are showing that you still have a bonafide marital relationship and that it was entered into in good faith. Provide joint bank statements, residential lease/mortgage/deed, joint tax filings, photographs, receipts from notable events, joint insurance, ...

I think most immigration advocates agree it's been a mixed bag.  There were immediate reversals of SOME of President Trump's most anti-immigration executive orders, but not all.  Suprising, given President Biden's pro-immigrant rhetoric. One example is the refugee moratorium, which the administration declined to lift until there was a public outcry.  Another is the many months it took the AG to recind the onerous Castro-Tum decision, which imposed procedural restrictions on immigration judges.   I myself had a client who grew up in the US but was deported under Castro-Tum rule, even though the immigration judge HERSELF ruled he was eligible for a U Visa. Before Castro-Tum, he could have stayed in America waiting for its approval. Under Castro-Tum, he was deported to a life in Mexico he's never known.  How many countless noncitizens were unfairly deported while Merrick Garland delayed this no-brainer move? Castro-Tum should have been rescinded the day he was conf...

"How much for an H1B?" It’s been a while since my last blog post and for that I apologize. First off, happy new year! And what better way to kick off 2020 than a new H1B visa filing season! I’ve discussed a lot of H1B issues in the past, and first usually refer newcomers to my blog post providing the big picture H1B process, and what it means to employers and foreign nationals. Please do read my  H1B Primer . “HOW MUCH FOR AN H1B?” Because I’m a solo practitioner, this is often the first question I get about the entire process.  It always feels strange to me, as if the time and expertise needed for immigration application is less if one uses a solo attorney.  More important, does the employee become less valuable depending on the price of the attorney?  So when I’m posed with a question about fees right off the bat, I try to answer with another question: “On a scale of 1 to 10, how important is the H1B’s approval?”  For foreign nationa...