Archive for the ‘Legal News’ Category
USCIS Increases Fees by an Average of 21%
Effective December 23, 2016, new fees for almost all applications filed with USCIS take effect. On average, fees per application have increased by 21%. This is the first fee increase by USCIS in 6 years. Some notable fee increases are below. N-400 (Naturalization): from $595 to $640 (+ $85 biometrics fee which remains unchanged) I-129f […]
The Future of Our Immigration System: A Clintopia or a Trumpocalypse?
As we approach the end of Trump’s latest reality TV endeavor (running for President), we can only hope that this reality TV show comes to an end. While after the latest unveiling of Trump’s truly amoral and scary character, it appears that Hillary has the upper hand, this has not always been the case. Acclaimed […]
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 […]