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USCIS H-1B Electronic Registration Tool Implementation

H1B Registration Tool Implementation In an effort to make the process for registering for the H-1B cap easier, U.S. Citizenship and Immigration Services (USCIS) recently announced that the H1B registration tool implementation will be available electronically in the new year.  The announcement follows months of testing the online portal and its usability to try to […]
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Top Five Things About Filing The I-751 Despite A Breakdown In Your Marital Relationship

What’s an I-751? An I-751 is a petition that is filed to remove the conditions on US residency.  If a couple is married for less than two years when their initial marriage-based green card case is adjudicated, the non-US citizen spouse is given conditional residency.  This residency lasts two years.  90 days prior to the […]
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Asylum Lawyer Services

  What services does an asylum lawyer provide? If you are interested in applying for asylum because you fear returning to your country, hiring an asylum lawyer is one of the most important decisions you will make. An asylum lawyer can help guide you through the very complex and difficult process, and make sure that you […]
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Abogado de inmigración ayuda a clientes de Venezuela que quieren presentarse por el asilo politico

¿Las personas de Venezuela, pueden presentarse para el asilo político? La respuesta breve es ¡sí! Lo más importante es trabajar con un abogado licensiado y con experiencia con las leyes de inmigración de los EEUU, un abogado que conozca bien las reglas y particularidads del asilo.   Un problema grandísimo en la comunidad hispana con […]
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Arrivals: This Week in Immigration News (11.19.18 – 11.23.18)

US Judge Stalls Trump’s Asylum Restrictions THE STORY: A federal judge has temporarily blocked Trump’s asylum ban. The decision came after lawyers sued the Trump administration for trying to stop immigrants who enter the country illegally from seeking asylum. THE CONTEXT: Trump has tried to reshape U.S. immigration practices since he took office in 2017, […]
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Immigration Asylum and Persecution

The asylum immigration lawyers at NYC based Lightman Law Firm have many years of experience helping immigrants from countries throughout the world apply for asylum, including Russia, Ukraine, El Salvador, Jamaica, Trinidad & Tobago, Kyrgyzstan, Kazakhstan, Liberia, and Guinea, just to name a few. What’s the difference between past persecution and a well-founded fear of future […]
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Arrivals: This Week in Immigration News (11.05.18 – 11.09.18)

THE STORY: The Trump administration is planning to prohibit granting asylum to immigrants who come to the U.S. illegally. The new rules will require asylum seekers to enter through official ports of entry like border crossings. THE CONTEXT: The Trump administration’s move to change asylum rules is being widely perceived as a way to crack […]
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Update To I-751 Petition From 12 to 18 Month Extension 

I-751 Petition: 18-Month Extension Change Due to delays in the processing of the I-751, Petition to Remove Conditions on Residence, the USCIS has changed the duration of the extension period associated with the receipt notice issued in connection with these filings from 12 months to 18 months. As a result, when a conditional permanent resident files […]
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Arrivals: This Week in Immigration News (10.15.2018 – 10.19.2018)

THE STORY: Foreigners applying for U.S. permanent residency are experiencing growing wait times. In particular, wait times have been increasing for U.S. citizens applying for their non-citizen relatives to get residency in America. THE CONTEXT: There are a few factors fueling the increased wait times. In the 2017 fiscal year there were 366,000 family-based green […]
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Asylum for LGBT People

Can LGBT people apply for asylum? The short answer is yes. Those who are LGBT or perceived as LGBT can be defined as a “social group” for asylum purposes. Applicants must still meet the general requirements. Asylum is for people who have suffered past persecution or who fear future persecution based upon a protected category. LGBT is a social […]
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L-1A vs. L-1B Visa

L-1A vs. L-1B Visa This post will serve to highlight a few key differences between the two types of L-1 visas from a functional and strategic planning point of view. Since the specific definition and requirements of the L-1A visa and L-1B visa have been discussed in previous posts, we will start with a brief […]
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Immigration Court Hearings

I’ve just received a Notice to Appear (NTA) telling me I am in removal proceedings. What can I expect at the Immigration Court? The Notice to Appear (NTA) is the charging document which places a non-US citizen into removal proceedings (formerly called “deportation” proceedings). The document contains a list of “charges,” in other words, the […]
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Arrivals: This Week in Immigration News (9.17.18 – 9.21.18)

THE STORY: The Department of Homeland Security is trying to revise key parts of the H-1B visa. The proposed changes would revise the definition of a speciality occupation, potentially making it more difficult for foreign workers to secure H-1B visas. THE CONTEXT: H-1B visas are temporary visas for foreign workers in speciality occupations. The H-1B […]
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Arrivals: This Week in Immigration News (9.5.18 – 9.12.18)

THE STORY: On Tuesday, U.S. Citizenship and Immigration Services enacted a new policy that provides officers with the discretion to deny any visa or green card application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when the application is submitted without the required evidence. THE CONTEXT: Since […]
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Denial of Pending Advance Parole Applications

Denial of Pending Advance Parole Applications Reversing a long standing policy, the USCIS now denies advance parole applications when a green card applicant travels outside of the US while their advance parole application is pending. Prior to the reversal, the USCIS did not deny pending advance parole applications when an applicant traveled during its pendency. […]
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Changes to Asylum Procedure

I heard that there was a recent change to how the Government will schedule asylum interviews. Can you tell me more about that? Applying for asylum has always been a difficult and complicated process, one in which an experienced asylum lawyer is essential. This is truer than ever, especially with recent changes in asylum procedures […]
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H-1B Lessons for 2018

A Few Lessons on H-1B Everyone’s favorite time of year is right around the corner. No, I am not talking about Valentine’s Day or Spring Break…I am talking about H-1B cap season. It seems like only yesterday we were filing a batch of H-1B cap cases. This is particularly true since we are still dealing […]
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Stokes Interview

Have you seen the movie “Green Card” with Gerard Depardieu and Andie MacDowell? Well…you basically know what a “Stokes” interview is. But Hollywood is rarely an exact reflection of real life. If USCIS suspects that the marriage is not valid, they can subject the couple to a higher level of scrutiny. Also, if a non-citizen is […]
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Green Card Through Marriage Timeline (Via Status Adjustment)

You, the intending immigrant, have filed your green card through marriage application in the United States via the adjustment of status process. Congrats! Now what? Now, unfortunately, it’s a waiting game with the U.S. Citizenship and Immigration Services (USCIS). Below is the general and most common green card through marriage timeline for what to expect […]
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EB-5 Green Card: Telling the Story of Your EB-5 Capital – Evidencing Lawful Source of Funds

EB-5 Capital – Evidencing Lawful Source of Funds As mentioned in a previous post, the first step in obtaining an EB-5 green card through investment is to file an I-526 petition which generally consists of two parts. The first part is evidencing and explaining Business Content (business plan, economic report, etc.) of the new commercial enterprise […]
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EB-5 Green Card: How Do I Know if EB-5 is the Right Option For Me?

The EB-5 Green Card through investment is currently receiving a great deal of attention in the media. Unfortunately, “attention” in this context is analogous to “noise,” not “information.” Many of you out there may be thinking “I want to pursue this option but I’m very confused…where do I start?” While we obviously recommend contacting an […]
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EB-5 Green Card: An Overview of the EB-5, Green Card Through Investment Process

This post will provide a high level overview of the EB-5 green card program’s steps and requirements. Subsequent posts will delve deeper into the elements introduced in this post and provide more detail on the specific requirements, but this post will serve as a road map for the program at-large. The EB-5 green card through […]
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E-3 Visa to Green Card

The E-3 visa, exclusive to Australian nationals seeking to work in a specialty occupation, is a nonimmigrant visa that does not tolerate immigrant intent. E-3 visa and non-immigrant intent Immigrant intent is the present or current intent to immediately apply for or pursue a green card in the United States or to carry on activity […]
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Grace Period Improvements to certain Work Visas

Homeland Security Improves Grace Period For Certain Work Visas On November 18, 2016, the Department of Homeland Security (“DHS”) published a final rule entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers”. The stated purpose of the regulation, effective January 17, 2017, is to improve the ability […]
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Startup Visa Options

Throughout our country’s history there may be only one thing more American than apple pie: starting your own business. This blog will give an overview of the visa options available to those looking to chart their own immigration course. The available options depend on the kind of business you’re looking to set-up and your individual […]
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DACA Renewal Process

If you were previously granted deferred action for childhood arrivals (DACA), you can request a renewal when your current period of deferred action is close to expiring. Renewing DACA is a bit less daunting than requesting DACA for the first time. To renew DACA, you must meet certain requirements before you can apply for a […]
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Employment Based Green Card for Multinational Managers & Executives

EB-1C Green Card Option for Multinational Managers & Executives If you’re a managerial or executive level professional seeking permanent residence in the US, an option exists in the employment-based green card first preference for those with willing sponsoring employers. One of the three EB-1 categories is the EB-1C category reserved for “multinational executives and managers”, similar […]
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Overview Of The P-3 Visa

The P-3 Visa A “P” visa designation is reserved for certain types of entertainers and artists; there are three classifications: P-1, P-2, and P-3. The P-3 visa is a classification for artists or entertainers that will perform, teach, or coach under a program that is culturally unique, either as individuals or as part of a […]
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H-1B Visa Cap-Gap Explained

H-1B Visa Cap-Gap Explained As the “H-1B Cap season” has just finished, it is important to revisit some of the very common scenarios experienced by those in the F-1 visa status seeking to apply for the H-1B visa through the lottery next April. The “H1B cap gap” refers to a situation where a gap exists […]
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OPT STEM Extension to 24 Months

Earlier this month the Department of Homeland Security amended some regulations pertaining to F-1 student visas on optional practical training (OPT) for students who have accomplished degrees in science, technology, engineering, or mathematics (STEM) fields. The new regulations will allow STEM students to apply for a 24-month extension to their OPT after they have already […]
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