USCIS/DHS just published the following statement about COVID Related Change/Extension of Visa Status: The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our existing resources and authorities to effectively address these challenges. DHS also Read More
Noncitizens Divorcing During COVID
Divorcing During COVID At any given time I represent clients who are in the process of divorcing a spouse. My representation on these cases ranges from joint I-751 petitions with notice to USCIS of the pending divorce to I-751 waiver petitions based on divorce to I-360 self-petitions based on abuse to an immigrant who wants to marry a US citizen but who still is married to someone else. Right now COVID presents Read More
H1B to Marriage Green Card?
Right now uncertainty is a part of life. Will I stay healthy? Will the people I love stay healthy? Will I keep my job? For people in the U.S. on nonimmigrant visas tied to their employment, this is an especially uncertain time. For example, individuals in the US on H1B visas must keep their employment in order to keep their H1B status and lawfully remain in the US. What should you do if your H1B employment may be Read More
USCIS Offices will remain closed until 5/4/2020.
USCIS offices have been closed since mid-March and were initially scheduled to reopen in early April. USCIS just announced that USCIS in-person services will remain closed until at least 5/4/2020. Your case may still continue to process with USCIS. In some cases, USCIS will reuse previously obtained biometrics and apply them to currently processing cases. That would allow USCIS to approve certain types of Read More
I have a green card. Can I be a “public charge”?
The new public charge rules implemented by this Administration are causing extreme stress and confusion among immigrant communities and their advocates. A question that frequently has arisen in my practice is whether a "green card" holder is subject to public charge rules. The answer is, generally, no. A green card holder with a ten-year green card or a two-year (conditional) green card is not subject to the Read More
Why Misrepresenting Yourself is an Immigration No-No
A top priority for the U.S. Citizenship and Immigration Services is to identify people who are attempting to abuse the U.S. immigration process. As a result, if USCIS finds that you are misrepresenting yourself or your history to try to get into, or stay in, the United States, the penalties are severe. According to 8 U.S.C. §1182(a)(6)(C)(i), "Any alien who, by fraud or willfully misrepresenting a Read More
Boston EOIR Cases Postponed, Except for Detained Cases
As of 3/18/2020 the Boston Immigration Court will only hear detained master calendar and individual hearings. If you have a hearing (and you are not detained) it is crucial that you stay on top of your case. You should call the EOIR hotline at 1-800-898-7180 on a regular basis (every few days) until you learn of the new hearing date. You will need your A# with you when you call. If you fail to attend the next Read More
Don’t Lie: An Immigration Golden Rule
The immigration process can be stressful and frustrating. It can be tempting to lie on an application or during an immigration interview to get it over with and keep the process “less complicated”. You may even know people who have lied and then successfully obtained their green card and even US citizenship. But lying on an immigration application, or to an immigration officer, is a bad idea. Please don't do Read More
You Married a US Citizen. Now, document your life together and get a green card!
Congratulations on your marriage! Now that you’ve married a U.S. citizen, you’re probably wondering what comes next. U.S. citizens can apply for a foreign-born spouse to move to, or remain in, the U.S. to live permanently. Obtaining a marriage green card is a three-step process. Apply for a “marriage-based” immigrant visa by establishing your marital relationship Apply for your green card Attend the green card Read More
USCIS Obtains “Admissions” to Marijuana Use during USCIS Interviews
Use, possession, sale and other activities relating to marijuana/cannabis are legal in many states in the United States and in other places worldwide. However, all marijuana activities (with very limited scientific research exceptions) are illegal under US federal law and in turn under US immigration law. Non-US citizens using marijuana and/or involved in legal cannabis activities throughout the US put themselves Read More
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