Our Immigration Law Tech Tips provide valuable insight into the complexities of U.S. immigration law. Our aim is to help clients, colleagues and anyone interested in learning more on family immigration, business immigration and deportation. Check back often as this section is constantly growing to keep pace with the ever-changing immigration world. And of course, if there’s an area you’d like to hear more on—especially as our immigration system is undergoing immense changes—reach out to our Denver legal team or get the latest in our Immigration News Blog.
The Basics of the H-1b Lottery Registration Process
The H-1B lottery registration process is done online via the USCIS website. Because H-1b visas are filed by a petitioning employer, the employer must create the USCIS online account. You can find instructions on how to create an account for your organization here. Most employers work with immigration law firms throughout the H-1b process, including […]
Can You File for Naturalization (Citizenship) While your I-751 Petition “To Remove the Condition” is Still Pending
The I-751 Petition The I-751 petition is to remove conditions on residence. This petition only needs to be filed for those who applied for residency and were married for less than two years on the date their green card was approved. To know whether you need to file an I-751 or not, you can check […]
Applying for Advance Parole as a DACA Recipient
Adjustment of status is the process of getting a green card in the U.S. This process requires a lawful entry or parole into the U.S. Many DACA recipients do not have a lawful entry or parole since they were brought to the U.S. by their parents without a visa when they were very young. For […]
The Lawful Entry Requirement to Adjust Status in the U.S. (and the alternative, the I-601A stateside waiver process)
A person is only eligible to adjust status based on a family relationship if they entered the country lawfully, namely, if they were inspected and admitted or inspected and paroled. There is one exception to this requirement namely, if a person meets the requirements of section 245(i) of the Immigration and Nationality Act (the “INA”). […]
UNDERSTANDING THE LABOR CONDITION APPLICATION
The Labor Condition Application (LCA) is required for every H-1B application and must be included in the Public Access File.
NATZ: PRESENCE, PRESENCE, PRESENCE
If you think you might be outside of the United States for more than a year, or even more than 6 months, you should talk to an immigration attorney. There may be things you can do before you leave that will preserve your residency or continuous presence.
Social Security Numbers and Driver’s Licenses During the Green Card Process
One will be able to apply for a social security card and driver’s license after receiving their employment authorization document, or EAD, associated with the I-485 adjustment of status process
How a Bill Becomes a Law
How a bill becomes a law, how this affects U.S. immigration law, and what Shaftel Law can do.
Temporary Protected Status (TPS) – The Basics
A great resource from AILA regarding the U.S. Department of Homeland Security recently adding new countries to the TPS program, including Venezuela, Burma, and others.
When Tax Issues Affect One’s Ability to Naturalize (Become a U.S. Citizen)
To be eligible for naturalization (the process of obtaining U.S. citizenship), a lawful permanent resident must show “good moral character” for the five years preceding the naturalization application. Good Moral Character (“GMC”) encompasses conduct beyond simple an absence of criminal behavior. The most common non-criminal GMC problems we see are failure to pay child support […]
Third Country Nationals: Applying for a Non-immigrant Visa in a Country Other Than Your Home Country
Third Country National Visa Processing Non-immigrant visa holders who are lawfully present but have either an expired visa or changed their status in the United States must receive a new visa before re-entering the United States after international travel. For various reasons, many would rather not return to their home country and want to receive […]
TPS: Origins and Updates
TPS: The Origins The 1967 United Nations Protocol Relating to the Status of Refugees established for its state parties what is known as the principle of nonrefoulment, “which asserts that a refugee should not be returned to a country where he/she faces serious threats to his/her life or freedom.” The United States, as a member […]
Breaking down the New “90-Day” Rule Regarding Inconsistent Conduct After Entry that Suggests a Misrepresentation
On September 1, 2017, the Department of State revised their Foreign Affairs Manual (or “FAM”, the manual consular officers use when making decisions on visa issuance abroad) regarding what type of “inconsistent conduct within 90 days of entry” raises a presumption that a misrepresentation was made at a consular interview or upon entry into the U.S. This new rule […]
The Thin “B” (visa) Line: When do Business Visitors Unlawfully Work?
The line between lawful business visitor activities as permitted with a B-1 visa (or entrance under the ESTA program) and unlawful work is one of the thinner lines in the immigration world. A range of activity is permitted as a business visitor, much of which sounds like work. This piece helps to clarify some of the ambiguity surrounding permitted B2 Visa activity.
The Employer’s Obligation to Establish “Ability to Pay” During the Green Card Process
The process to obtain a green card based on employment typically consists of three steps: (1) A labor certification from the Department of Labor; (2) a I-140 petition filed by the employer, and (3) an adjustment of status application filed by the employee. The first step, the labor certification, often looms the largest because […]
New Restrictions to the ESTA Program
ESTA (the Electronic System for Travel Authorization), allows citizens of visa waiver countries to travel to the United States without visas for up to 90 days. Currently, there are 38 countries that are part of the visa waiver program (VWP), and therefore eligible to use ESTA. DHS announced new restrictions on ESTA eligibility, including: Eliminated […]
Changing H-1B Employers with H-1B Portability
When changing H-1b employers, foreign nationals (“FN”) in H-1b status often face an interesting challenge in determining how long they are authorized to work in the United Stated. The answer lies in what’s commonly known as H-1b Portability. What is H-1B Portability H-1b Portability allows an H-1b foreign national to transfer to a new H-1b […]
Conozca Sus Derechos Cuando Inmigración (ICE) Visitan su Hogar o Lugar de Trabajo o lo Dejan en el Público
La buena noticia es que todas las personas que viven en los Estados Unidos tiene ciertos derechos constitucionales—incluso los inmigrantes indocumentados. La mala noticia: Muchos no conocen sus derechos al tratar con oficiales de Inmigración y Control de Aduanas (ICE por su sigla en inglés). Este Consejo Técnico de Ley de Inmigración le dará los […]
Knowing Your Rights at Ports of Entry as a Lawful Permanent Resident (LPR) Traveling Abroad and Returning to the United States
Lawful Permanent Residents (LPRs) should know their rights when traveling abroad so that, upon return, you don’t run into issues at an U.S. port of entry. For example, if a CBP officer alleges that you have lost your permanent residence status for some reason, or are not admissible into the U.S., you have the right to […]
Liberty, Justice and Gonorrhea Testing for All—Staying Up to Date on Form I-693 Medical Exam Requirements
A new technical instruction issued by the Centers for Disease Control and Prevention (CDC) requires gonorrhea testing for most adjustment of status applicants who are: Ages 15 and older and Already required to have a full medical exam when Filing Form I-485 (Application to Register Permanent Residence or Adjust Status) The requirement went into effect […]
Knowing Your Rights When ICE Officers Visit Your Home or Workplace or Stop You in Public
The good news is that all people living in the United States have certain Constitutional rights—even undocumented immigrants. The bad news: Many don’t know their rights when dealing with U.S. Immigration and Customs Enforcement (ICE). This Immigration Law Tech Tip will give you the basics whether ICE: Visits your home Comes to your workplace Stops […]
Knowing Your Rights in Immigration Detention
Under President Trump’s new policies, more people might find themselves detained by ICE. However, even in immigration detention however, you have certain rights which you should exercise. Most importantly, you have the right to talk to an attorney. In fact, finding an experienced immigration lawyer to take your case is one of the most important […]
Finding Family and Friends Apprehended and Detained by ICE
Due to President Trump’s new executive orders on immigration, we anticipate a greater number of people being detained by Immigration and Customs Enforcement (ICE) and placed in removal proceedings. If you suspect that your loved one might be detained by ICE, there are a couple of ways to find out where he or she is […]
Obtaining an I-94 Record and Travel History
What is an I-94 and how do I get mine? An I-94 is the Department of Homeland Security arrival/departure record issued to most non-immigrant aliens. The I-94 contains the following information: The alien’s name I-94 number Class of admission Date of entry Date until which the the traveler is admitted An I-94 can either be […]
Applying for E-2 Investor Status in the US versus Applying for an E-2 Visa in Your Home Country
Wondering whether you should apply for E-2 Investor Status in the US or an E-2 Visa in your home country? Before addressing this question, it is important to understand that E-2 visas are unique animals. They are procedurally distinct from other visas such as H-1bs and L-1s. Their primary unique characteristics are: They are not […]
Immigration Basics: What is the difference between a visa, immigration status and permitted stay in the US (as controlled by your I-94 card)?
One of the most common and basic misunderstandings in immigration law is the distinction between a visa, immigration status and permitted stay in the U.S. Let’s go through these concepts one by one. What is a visa? A visa is a document issued by the U.S. Department of State permitting a person to arrive in […]
Tips for Working with the National Visa Center
As many of you may have experienced, the National Visa Center, or “NVC” is the mysterious government agency that demands all kinds of documents before setting up your visa interview at an U.S. consulate or embassy abroad. The NVC is part of the Department of State, the government department in charge of all visa issuance […]
How to Avoid Green Card Abandonment for Time Spent 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 […]