Effective September 24, 2015, you may pay for your N-400, Application for Naturalization, using a credit card. The N400 is the only form that can be paid for by credit card using the G1450, Authorization for Credit Card Transaction. For further information please visit AILA. Read More
Suspended Final Decision on Employment-Based I-485s
USCIS announced that final adjudication of employment-based I-485s is suspended for the remainder of FY2015 due to the statutory cap being reached for the employment-based preference categories. USCIS will accept current I-485s and resume final adjudication when visa numbers are available. For more information please visit AILA. Read More
Overworked Immigration Courts: New All-Time High Hearing Wait Times
According to the very latest information (end of August 2015) obtained from the U.S. Department of Justice, there is a backlog of 456,644 cases pending before the judges in the nation's Immigration Courts. This means the court backlog has increased by more than 100,000 cases from the 344,230 that were pending at the beginning of FY 2014. The average wait time for an individual in the Immigration Court's pending Read More
Revised Procedure for Applicants Waiting to File for Adjustment of Status
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
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