Big news last week from the USCIS and DOS. Applicants with approved I-130s and I-140 immigrant visa petitions can now file for immigrant visas through the Department of State or adjustment of status through USCIS before their priority dates are current. The actual visa/green card/adjustment cannot be approved until the priority date is current, but filing ahead of time may allow for the visa/green card to be approved Read More
Temporary Protected Status Designation for Yemen
Today, the Department of Homeland Security announced a Temporary Protected Status (TPS) for Yemen for 18 months due to the ongoing armed conflict in the country. Eligible nationals of Yemen residing in the United States may apply for TPS with the USCIS effective September 3, 2015 through March 3, 2017. For further information about the eligibility requirements please visit www.uscis.gov/tps Read More
DOL’s Response to Prevailing Wage Determinations & the Online Wage Library
The Department of Labor recently clarified a prevailing wage question that has been causing difficulties to employers for a long time. Online Wage Library Guidance Here is what the employers should do when the OFLC Online Wage Library displays “N/A” for each leveled wage covering a specific geographic area and occupational code: DOL FAQ on Prevailing Wages for H-1B, H-1B1 and E-3 Programs Are you looking for an Read More
Deferred Action Requests: No AILA Liaison Currently Available
According to New England AILA, Homeland Security is no longer working with AILA's liaison to help faciliate requests for Deferred Action. Clients should work directly with their attorneys, without AILA assistance, to request Deferred Action at the local Homeland Security offices. AILA recently informed attorneys: "UPDATE FROM OUR HSI LIAISON REGARDING REQUESTS FOR DEFERRED ACTION: Unfortunately, the Special Agent in Read More
Is Shoplifting a Crime of Moral Turpitude? Not Always.
You may be wondering, "Is shoplifting a crime of moral turpitude in every situation?" The answer is no. An immigration judge in Georgia recently terminated removal proceedings against an LPR (lawful permanent resident) who had been twice convicted of shoplifting in Georgia. See full case decision here: Shoplifting Not CIMT IJ Case July 2015. The judge held that the convictions were not CIMTs or aggravated felonies. Read More
Marriage Equality!
US Supreme Court declared same-sex marriage legal throughout the United States! Read More
AILA National Conference in Washington, D.C.
I will be co-presenting at the American Immigration Lawyers Association's (AILA) National Conference in Washington, D.C. The presentation will be on marijuana and immigration law, with a specific focus on how state legalization of various marijuana related activities may affect non-US citizens. Here is more information about the presenters and AILA conference: AILA 2015 Washington, DC Conference Read More
US Supreme Court Fails to Help Bi-National Couple
BREAKING: High Court Says Visa Denials Not Open To Judicial Review Share us on: By Allissa Wickham https://www.law360.com/immigration/articles/651007?nl_pk=2eb45903-66c1-4b69-9c1d-ce9dd6fe6548&utm_source=newsletter&utm_medium=email&utm_campaign=immigration Law360, New York (June 15, 2015, 10:25 AM ET) -- The U.S. Supreme Court on Monday upheld the long-standing concept of consular Read More
For 40 years, married couple fought homophobia in US Immigration
Tonight PBS presents a documentary about the first same-sex couple to challenge homophobic discrimination in US immigration laws. Richard and Tony started fighting to stay together in 1975 and fought on for 40 years until DOMA was overruled in 2013. Check it out: https://www.pbs.org/independentlens/limited-partnership/. Read More
July 2015 Visa Bulletin
Here is this month's Visa Bulletin Check out the processing dates and compare to your approved I-140 or I-130 petition priority dates. Read More
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