Category: immigration law

H-1b Visa Filing Deadlines Announced

April 1 is the last day you can file for a H-1b visa for fiscal year 2016, according to the USCIS. A record-breaking number of petitions is expected from employers filing for professional workers, particularly those with expertise in IT and technology. There are so many applications that the USCIS has created a lottery system …

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Defenses against removal – Part I

For many resident hopefuls, the fear of deportation / removal is always hanging over their heads. Many despair that a ruling of removal cannot be challenged, though this is not the case. Here are a few defenses that your immigration attorney might use in your defense. Those under conditional permanent residence must keep their noses …

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How to Get Unlawful Presence Ban Waiver

If you have lived undocumented in the United States and then willfully left the country, you may find that you are barred from entering the county gain for a certain period of time. If this happens, the only hope for you will be a waver. There is a number of ways in which you can …

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Skills for the US Visa Interview

If you are scheduled for your visa interview, you know how stressful it can be. But here are a few things to help you prepare for the questions. Firstly you should have any and all documents ready well in advance. We recommend at least 2 weeks and maybe even a month. Now don’t expect them …

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What’s the Difference between Executive Capacity and Managerial Capacity?

If you are an executive in an overseas office of the company based in the United States, you may be asked to relocate if your skills demand it. The visa you will need is called the L-1A Intra-company Transferee Executive or Manager visa. As you might expect, you must first determine the type of position …

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Tips for Turning a Fiancee Visa into a Green Card

A K-1 visa allows citizens of the United States to bring a fiancé and the spouse’s children to the U.S. for the sole purpose of getting married. It is valid for 90 days and cannot be renewed. However, many who come here on this visa wish to make their stay permanent, and thus apply for …

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Consulate Interview Tips for Indian National Applying for a Visa.

Indian nationals in India seeking non-immigrant (e.g job visas) status entry to the United States will be required attend an interview with officials at the U.S embassy or consulate. It is one of the most crucial steps in the process because it’s known that interviewers weigh what the applicant says in interview more heavily than …

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Prosecutorial Discretion and the undocumented

Prosecutorial discretion is simply a measure of latitude in the degree to which the ICE may pursue a deportation case. Since no government agency has unlimited funds, prosecutorial discretion exists mostly to allow the agency to set priorities in the cases it submits to an immigration court. Most of these priorities are low, which mean …

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How did expedited removal become so popular?

Expedited removal, a State Department deportation process that does not allow for an immigration hearing, has become more and more popular since 2005. In fact, only about 20% of deportees even get a hearing. How did this state of affairs come about? One reason is that the ICE is under pressure from opposing factions to …

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Is expedited removal a violation of due process?

When President Obama was elected, may immigrant hopefuls believed they had someone on their side. Now as we enter the final half of his second presidential term, many of those who supported him are now looking the other way. Much of the dissatisfaction arises from the fact that the Obama administration has been an aggressive …

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