Archive for the ‘Legal News’ Category
USCIS Increases Employment Authorization Validity Time for Asylum Applicants
Effective October 5, 2016, United States Citizenship and Immigration Services has announced that it will increase the validity periods of Employment Authorization Documents for Asylum applicants. This will apply to currently pending employment authorization requests by asylum applicants, as well as those who file in the future. Instead of the previous one-year validity, the documents […]
U.S. v. Texas: The Latest Chapter in the DAPA Battle
Earlier this year on June 23, 2016, the currently 8-member Supreme Court reached a stalemate in a 4-4 tie vote regarding the legality of President Obama’s and DHS’ DAPA program (Deferred Action for Parents of Citizens and Residents). Unfortunately, this tie resulted in upholding the 5th Circuit’s decision that the program was unconstitutional. Now, on October 3, 2016, the Supreme Court […]
Immigration Law Tech Tip: Avoiding Abandonment of your Greencard based on Time Abroad, The Reality Versus Common Misconceptions.
Within immigration law, there is often a conflict between the actual law and what many perceive to be the law based on enforcement or simply ambiguous legal principles. One of the most common scenarios where we see this disconnect pertains to how long a lawful permanent resident can remain outside of the United States without […]
Understanding the Roots of a Broken System
I have been involved now in immigration law for almost 16 years, first as an immigration paralegal in San Francisco before law school, next, defending foreign nationals against charges of illegal entry after deportation as a federal public defender and now as a lawyer focused 100% on immigration law. Despite this lengthy history with immigration law, […]
The Supreme Court listens to arguments in U.S. v. Texas
On April 15, 2016, the United States Supreme Court listened to oral arguments for the case U.S. v. Texas, which is the case dealing with whether are not the proposed deferred action for parents program and the expanded deferred action for children program will be implemented. The state of Texas is leading the lawsuit by taking the […]
Applying for a Greencard for my Wife or Husband: Frequently Asked Questions
Q1: What is a “One Step” immigration application? A one step application is what immigration attorneys call an immediate relative adjustment of status application because the two steps of the process can be filed together. The foundational form for Step 1 is form I-130 (petition for alien relative). During this step, we must prove the […]
A Tricky Problem: How Long Am I Authorized to Work When I Change H-1b Employers?
Many foreign nationals (“FN”) in H-1b status are aware of “H-1b Portability”, which allows a H-1b FN to transfer to a new H-1b employer upon the filing of a H-1b petition by the new employer. The genesis of this rule is in a law called AC-21 (or “The American Competitiveness in the Twenty-First Century Act […]
H-1b Season is upon us!
If you are interesting in applying for a H-1b visa this year, please review the below and give us a call. H-1b visas can only be applied for once a year (on April 1, unless you already have a H-1b visa or work for a “Cap exempt” employer) and preparations should begin now. If you […]
Lakewood, Colorado to temporarily house up to 1,000 immigrant children
In April 2016, the Federal Center in Lakewood will become the temporary home for up to 1,000 immigrant children. These children are fleeing to the U.S. from impoverished and gang infested Central American countries. The facility, a vacant office warehouse, will be the largest of its kind in the country and will be run by […]
A Survey in The Atlantic Further Confirms the Need for More Visas to Spur Innovation
In the November 2014 issue of The Atlantic (dubbed “The Technology Issue”), a piece titled “The View from the Valley” provides additional, powerful evidence of the severe shortage of talent in the U.S. and the negative effect this shortage is having on innovation. The survey is particularly potent because it is not an immigration centered […]