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ADAM WALSH WAIVER: When a Petitioner’s Criminal History Matters   ADAM WALSH WAIVER: When a Petitioner’s Criminal History Matters
Posted: 08/29/2014

 By Attorneys Eric R. Welsh & Nancy E. Miller

Usually, criminal history in an immigrant application isfocused on the immigrant applicant and not the petitioner.  The applicant might be inadmissible on account of a conviction for a theft offense, violent crime, or a drug-related crime (a ...

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Opportunity overlooked?  Don’t judge a C-1 visa by its cover   Opportunity overlooked? Don’t judge a C-1 visa by its cover
Posted: 08/21/2014

 By Attorneys Ben Loveman and Nancy E. Miller and Ben Loveman

Every week clients consult with us who erroneously believe that they are not eligible for adjustment of status simply because they entered on a C-1 visa.    The prevailing understanding of the C/D visa category is that the u ...

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Opciones Bajo Las Leyes de Inmigración para Víctimas de Abuso   Opciones Bajo Las Leyes de Inmigración para Víctimas de Abuso
Posted: 08/19/2014

Por: Frances Arroyo   

Ciertas personas sin estatus legal  que han sido víctimas de abuso tienen derecho a ciertas protecciones bajo las leyes de inmigración de los Estados Unidos. La Ley de Violencia Contra las Mujeres (VAWA) es la ley principal que extiende protecciones ...
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OVERCOMING THE DENIAL OF AN IMMIGRANT VISA: UNLOCKING THE CLOSED DOOR   OVERCOMING THE DENIAL OF AN IMMIGRANT VISA: UNLOCKING THE CLOSED DOOR
Posted: 08/14/2014

 By Attorneys Gregory J. Boult & Nancy E. Miller

Applying for an immigrant visa to the United States can be difficult and stressful.  People wait months, years, and sometimes even decades, to attend their immigrant visa interviews.  While many interviews lead to the issuance of an ...

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WHAT A DIFFERENCE A DAY MAKES! - California Misdemeanor Maximum Penalty Reduction from 365 to 364 Days Brings Relief To Some Noncitizens   WHAT A DIFFERENCE A DAY MAKES! - California Misdemeanor Maximum Penalty Reduction from 365 to 364 Days Brings Relief To Some Noncitizens
Posted: 08/05/2014

By Steven J. Malm and Nancy E. Miller

The Governor of California recently signed into law a bill reducing the maximum penalty for misdemeanors from 365 days to 364 days.  The law takes effect on January 1, 2015. The change comes as welcome news to immigrant advocates and many noncitizens with lo ...
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New CSPA Policy Gives Some Children A Second Chance   New CSPA Policy Gives Some Children A Second Chance
Posted: 08/01/2014

 By Ben Loveman & Nancy E. Miller

The Child Status Protection Act (CSPA) has been a hot topic of late and the subject of some good and bad news for parents seeking to reunite with their children in the United States. Last month, the U.S. Supreme Court issued an unfortunate decision denying a ...

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Getting Permanent Resident Status Despite Criminal Convictions   Getting Permanent Resident Status Despite Criminal Convictions
Posted: 07/29/2014

By Attorneys Devin M. Connolly & Nancy E. Miller

A person born outside of the U.S. who has been convicted of a crime may still be eligible for permanent resident status (“Green Card”).  Their criminal history may make their path to permanent resident status more difficult but not ...

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Important Change to Policy on False Claims to Citizenship   Important Change to Policy on False Claims to Citizenship
Posted: 07/24/2014

By Ben Loveman & Nancy E. Miller

The Department of Homeland Security (DHS) and Department of State (DOS) recently enacted an important change to their interpretation to the law which permanently bans those who have made false claims to being a U.S. citizen.  The change means that persons who ...
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Opciones Para Personas Sin Estatus Legal A Través De La Cancelación De Deportación   Opciones Para Personas Sin Estatus Legal A Través De La Cancelación De Deportación
Posted: 07/23/2014

Por: Frances Arroyo y Robert Reeves

La cancelación de deportación es una ruta hacia la residencia legal permanente en los Estados Unidos por la cual ciertos inmigrantes indocumentados que han vivido en Estados Unidos durante largos períodos de tiempo que tienen lazos familiares p ...

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WHAT TO DO WHEN YOUR LABOR CERTIFICATION OR VISA PETITION HAS BEEN DENIED   WHAT TO DO WHEN YOUR LABOR CERTIFICATION OR VISA PETITION HAS BEEN DENIED
Posted: 07/16/2014

By Attorneys Gregory J. Boult & Nancy E. Miller 

With a few exceptions, employment-based immigration begins with the filing of an application for labor certification with the U. S. Department of Labor (DOL). Upon its approval, an immigrant visa petition is submitted to U. S. Citizenship & ...
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ALL HOPE IS NOT LOST:  OVERCOMING VISA PETITION REVOCATION DUE TO INACTION   ALL HOPE IS NOT LOST: OVERCOMING VISA PETITION REVOCATION DUE TO INACTION
Posted: 07/11/2014

By Attorneys Steven J. Malm and Nancy E. Miller

Under United States immigration law, a beneficiary’s failure to act on a current immigrant visa petition carries harsh consequences.  Namely, if following notification of the availability of the visa, the beneficiary fails to apply within one ...

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RELIEF FOR UNACCOMPANIED MINORS   RELIEF FOR UNACCOMPANIED MINORS
Posted: 07/02/2014

By Attorneys Frances E. Arroyo & Nancy E. Miller                 En Español

Thousands of Central American children have been coming to the U.S. in recent months. These children are fleeing economic hardship, gang violence, human trafficking, or ...

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Gotta Fly: How to Fix Wrongful Inclusion in the “No-Fly List”   Gotta Fly: How to Fix Wrongful Inclusion in the “No-Fly List”
Posted: 06/26/2014

By Attorneys Eric R. Welsh & Nancy E. Miller

Air travel is an easy target for comedy: basic human comforts like leg room and blankets become impossible luxuries, food (when it is offered at all) makes fasting seem pleasurable, and security checkpoints are an experience in and of themselves.   ...
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AM I ELIGIBLE TO NATURALIZE? Avoiding The Pitfalls To Becoming a U.S. Citizen   AM I ELIGIBLE TO NATURALIZE? Avoiding The Pitfalls To Becoming a U.S. Citizen
Posted: 06/20/2014

 By Attorneys Gregory J. Boult & Nancy E. Miller 

Applying for naturalization (citizenship) is the final step in the immigration process for many immigrants.  While the general requirements to establish eligibility for naturalization appear straight-forward, they often are not. &nb ...
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SUPREME COURT DENIES PRIORITY DATE RETENTION TO AGED-OUT CHILDREN   SUPREME COURT DENIES PRIORITY DATE RETENTION TO AGED-OUT CHILDREN
Posted: 06/12/2014

On Monday, June 9, 2014, the Supreme Court of the United States issued its decision in Scialabba v. Cuellar de Osorio, the class action Child Status Protection Act (CSPA) lawsuit.  The Supreme Court reversed the Court of Appeals for the Ninth Circuit, and found it appropriate instead to defer t ...

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The Truth About Voluntary Departure   The Truth About Voluntary Departure
Posted: 06/04/2014

 By Attorneys Devin M. Connolly & Nancy E. Miller 

For an alien in removal proceedings, the concept of Voluntary Departure sounds like a pretty good consolation prize.  They may not get a green card, but at least they are not being ordered deported.  There is some truth to tha ...
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IF AT FIRST YOU DON’T SUCCEED: OPTIONS AFTER THE DENIAL OF AN APPLICATION FOR A WAIVER    IF AT FIRST YOU DON’T SUCCEED: OPTIONS AFTER THE DENIAL OF AN APPLICATION FOR A WAIVER
Posted: 05/27/2014

By Attorneys Gregory J. Boult & Nancy E. Miller

The already difficult process of immigrating to the United States can be greatly complicated and delayed when the government decides that the noncitizen is inadmissible – a finding which often necessitates the filing of an application for a wa ...
Read More - Immigration Publication
 
 
 
 
Permanent Resident Status Still Possible After Petitioner’s Death   Permanent Resident Status Still Possible After Petitioner’s Death
Posted: 05/20/2014

By Attorneys Devin M. Connolly and Nancy E. Miller 

Losing a beloved family member is very difficult.  But for some prospective immigrants to the U.S., the death adds additional anguish when they learn that they are no longer eligible for permanent resident status (green card).  This d ...
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New Immigration Rule to Allow Some H-4 Spouses to Work in the U.S.   New Immigration Rule to Allow Some H-4 Spouses to Work in the U.S.
Posted: 05/13/2014

 By Attorneys Joseph I. Elias & Nancy E. Miller

The Department of Homeland Security (DHS) recently announced that it will be publishing new regulations permitting some H-4 spouses to obtain work authorization. The proposed regulations are expected to be published within the next few weeks an ...
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GREEN CARDS:  EXPIRATION, RENEWAL, AND REPLACEMENT   GREEN CARDS: EXPIRATION, RENEWAL, AND REPLACEMENT
Posted: 05/06/2014

 By Attorneys Gregory J. Boult & Nancy E. Miller 

An individual who immigrates to the United States receives proof of their lawful permanent resident status by way of a document commonly referred to as a “green card.”  Generally, most green cards are issued for a validi ...
Read More - Immigration Publication
 
 
 
     
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