Kenneth U. Reyes, P.C Legal Blog Know Your Rights & Legal Options

Recent Posts in immigration Category

  • Provisional Waiver of Unlawful Presence Bar expanded to cover more Immigrants

    The USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of unlawful presence. 8 CFR Parts 103 and 212. The final rule goes on effect on August 29, 2016. Prior to this expanded rule, only immediate relatives of US Citizens were eligible to request provisional waiver ...
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  • Four ways filing for divorce benefit your immigration case

    Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. Four situations in which filing for divorce can be beneficial ...
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  • Can a conditional greencard holder file an immigrant petition?

    Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition to remove the conditional permanent residence before the end of the 2 years or ...
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  • Early Filing of Adjustment of Status Application and Work Authorizations available October 2015

    Early Filing of Adjustment of Status Application and Work Authorizations available October 2015 The Department of State and the USCIS revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised procedure will be available beginning October 2015. In the past, an adjustment of status applicant cannot file for adjustment of status ...
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  • Can I qualify for a green card despite the Petitioner's Death?

    Can I qualify for a green card despite the Petitioner's Death? Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in turn revokes the petition. ...
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  • Executive Action Expanding Immigration Benefits

    EXECUTIVE ACTION EXPANDING IMMIGRATION BENEFITS On November 20, 2014, President Obama announced a series of executive actions that would benefit certain classes of aliens. In the coming months, USCIS will come up with guidance in implementing these policies. DACA Expanded Deferred Acton for Childhood Arrivvals (DACA) has been expanded to include individuals born prior to June 15, 1981 provided ...
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  • Can a Conditional Greencard Holder File an Immigrant Petition?

    CAN A CONDITIONAL GREENCARD HOLDER FILE AN IMMIGRANT PETITION? Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition to remove the ...
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  • Permanent Residency through Marriage to U.S. Citizen Spouse

    Permanent Residency through Marriage to U.S. Citizen Spouse The economic crisis of the past few years and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States. Employment based immigration has been affected by long wait time in priority under the EB3 category. H1-b visas has been affected by the visa ...
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  • Relief for Widows of Deceased Petitioner

    Relief for Widows of Deceased Petitioner Since 1938, US immigration regulations have provided for the automatic revocation of the approved visa petition upon the death of the Petitioner. However, immigration regulations since 2006 provided that automatic revocation provisions does not apply to a spousal immediate relative petition if the deceased petitioner and the alien widower had been married ...
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  • Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage Entered Less than Two Years

    Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage entered less than two years The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show ...
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  • Deferred Action and Work Authorization for Certain Young DREAMers

    Deferred Action and Work Authorization for Certain Young DREAMers. It is very disheartening to witness children of immigrants work so hard to obtain good grades in school, achieve honor roll standing in high school, get accepted to top universities, only to find out that all doors to the American Dream are closed and locked. On June 15, 2012, Secretary of Homeland Security Janet Napolitano issued ...
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  • Deferred Action for Childhood Arrivals (DACA) application process available beginning August 15, 2012

    Deferred Action for Childhood Arrivals (DACA) application process available beginning August 15, 2012 DHS current policy is to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise ...
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  • F2A Visa Category for Spouses and Children of Permanent Residents Current in August 2013

    F2A VISA CATEGORY FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS CURRENT IN AUGUST 2013 Beginning August 2013, the visa availability for F2A category of family based petitions will be current. Historically, the wait for this category was 3-4 years. The F2A category consists of spouses and single children under 21 years old of permanent residents. This means a permanent resident can now petition ...
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  • Getting Around the Residency Requirement in a Divorce Case

    Getting Around the Residency Requirement in a Divorce Case Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where the proceeding is filed for three months immediately preceding the filing of the petition. This poses a problem for divorcing couples that has ...
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  • H-1B Visas for Professionals and College Graduates

    H-1B VISAS FOR PROFESSIONALS AND COLLEGE GRADUATES Most aliens that come to the United States do so under a B-1 or B-2 visa as a visitor which gives visitors up to 6 months stay in the US. However due to the recent policy of disfavoring extensions of visitors status, extending once visitors visa is almost no longer an option for a lot of aliens seeking to reside in the US permanently. For aliens ...
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  • How can INA section 245(i) benefit you?

    How can INA section 245(i) benefit you? Certain aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: • Entering the US as an alien crewman (C-1 visa/ jumpship) • Accepting unauthorized employment • Entering the US without inspection (No I-94 or crossing the border without a visa) • Remaining in the US past the ...
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  • Labor Certification Substitution

    LABOR CERTIFICATION SUBSTITUTION Currently, U.S. employers are allowed to substitute an alien named on a pending or approved labor certification with another prospective employee. The purpose for such substitution has been to maintain the “priority date” of the already filed labor certification application. Labor certification substitution can be employed in cases where the labor certification ...
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  • Naturalization: Becoming a U.S. Citizen

    NATURALIZATION: BECOMING A U.S. CITIZEN As Filipinos, we are all undoubtedly aware to a certain extent of the procedures and avenues by which one can obtain permanent residence. After obtaining permanent residence status, many green card holders desire to take that next step—becoming a United States Citizen. As a United States Citizen, one is afforded many privileges that are not conferred on ...
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  • Obtaining a Green Card Through Investment

    OBTAINING A GREEN CARD THROUGH INVESTMENT One avenue through which permanent residence may be obtained is investment in the United States. Green cards for investors are limited to 10,000 a year with 3,000 set aside for persons who invest in areas with high unemployment. Only the investor himself, and not accompanying relatives, if any, are counted against the quota. Despite the numerical ...
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  • Prior Marriage Must be "Bona Fide" in Order to be Used for INA §245(i) Purposes

    Prior Marriage must be “Bona Fide” in order to be used for INA §245(i) purposes Many aliens that are out of status, but are otherwise eligible to obtain a greencard through a family based or employment based petition, are barred from doing so unless they are grandfathered by INA Section 245(i). To be grandfathered by INA section 245(i), one of the requirements is that you are a beneficiary of a ...
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  • Reinstating a Deceased Petitioner's Family Based Petition

    REINSTATING A DECEASED PETITIONER’S FAMILY BASED PETITION It is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of ...
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  • Reopening Deportation Proceedings and Rescinding Deportation Orders

    REOPENING DEPORTATION PROCEEDINGS AND RESCINDING DEPORTATION ORDERS Under Title 8 of the Code of Federal Regulations (CFR) Sec. 245.2(a), if an alien is in deportation or removal proceedings, his application for adjustment to lawful permanent residence status can only be made and considered in those proceedings. For those persons who have had a deportation order entered against them in absentia ...
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  • Requirements for Schedule A Petitions filed after March 28, 2005

    Requirements for Schedule A Petitions filed after March 28, 2005 Schedule A Petitions cover occupations such as Registered Nurses and Physical Therapist, and aliens of exceptional ability in the sciences or arts . These occupations are pre-certified occupations as codified in 20 CFR 656.10 and 20 CFR 656.22 for which the Secretary of the Department of Labor previously has determined that there are ...
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  • Revised Procedures for Employment Based Adjustments

    REVISED PROCEDURES FOR EMPLOYMENT BASED ADJUSTMENTS The USCIS announced that beginning immediately, it will accept employment based applications to adjust status (I-485) filed by aliens whose priority dates are current under the July Visa Bulletin No. 107. These applications however must be filed no later than August 17, 2007. There was a lot of confusion previous to this announcement when the ...
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  • The E Visa Classification as an Immigration Option for the Business Savvy Immigrant

    THE E VISA CLASSIFICATION AS AN IMMIGRATION OPTION FOR THE BUSINESS SAVY IMMIGRANT For most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer that would Petition them for an H-1b visa. The problem recently though is the reduction in the visa numbers for this classification that makes this visa unavailable most of the year after the ...
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