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Adjustment of immigration status

IMMIGRATION RELATED CHALLENGES & THE CORONAVIRUS (COVID-19)
Post On Apr. 24, 2020
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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 resources. NON IMMIGRANTS MUST GENERALLY DEPART Generally, nonimmigrants...

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COVID 19 and Immigration in Massachusetts
Post On Apr. 21, 2020
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The current status of immigration during COVID-19 In Massachusetts, Governor Charlie Baker has shut down non-essential businesses to be open to the public until at least May 4, 2020. We are now meeting with clients over the phone or video call. We are working remotely and continuing to work on...

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Public Charge Rule and COVID-19

How does the Public Charge rule affect those who want to seek testing and treatment and for those who were laid off or furloughed because of COVID-19 Can you get tested, screened, or treated for COVID-19 using a public benefit, such as Medicaid? According to USCIS, yes. This type of preventive or...

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Green Card Marriage Questions
Post On Aug. 07, 2019
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The following green card marriage questions are commonly used by USCIS examiners to determine whether your marriage is real, or if you just got married in order to get a green card. Our best advice is to: 1. Always tell the truth. 2. Keep your answers short. 3. If you are not 100% sure of the...

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VISA BULLETIN PREDICTIONS U.S. DEPARTMENT OF STATE
Post On Jul. 25, 2019
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Charlie Oppenheim at the US Department of State issues visa bulletin predictions as to how rapidly or slowly he expects the priority dates in the employment-based and family-based categories to move forward, or to retrogress. You can stay up-to-date with the waiting times in the Visa Bulletin by su...

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VISA BULLETIN PREDICTIONS U.S. DEPARTMENT OF STATE
Post On Jul. 25, 2019
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Charlie Oppenheim at the US Department of State issues visa bulletin predictions as to how rapidly or slowly he expects the priority dates in the employment-based and family-based categories to move forward, or to retrogress. You can stay up-to-date with the waiting times in the Visa Bulletin by...

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Seeking reconsideration of denied "Pereira" MTT under Lorenzo Lopez precedent.
Post On Jul. 20, 2019
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New precedent Lorenzo Lopez v. Barr, No. 15-72406 May 22, 2019 (9th Cir. 2019) allows to move the BIA to reconsider denial of "Pereira" motion to terminate for lack of subject-matter jurisdiction. This precedent expressly held, that Pereira overruled Popa, - something the BIA pretends not to see....

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BELIEVE Act Needs Your Support – The Right Way To Reform Immigration
Post On Jul. 16, 2019
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On July 11, 2019, Senator Rand Paul (R-Ky) introduced the BELIEVE Act (S. 2091) as a way to reform legal immigration to the United States. The Believe Act would abolish per-country quotas for employment-based immigration similar to H.R. 1044 which was passed by the House of Representatives on July...

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Spouses/Children Of Green Card Holders Can File I-485s Starting On July 1, 2019
Post On Jul. 01, 2019
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The U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years. On June 26, the USCIS announced that even though Worldwide Family 2A is backlogged on the Dates of Filing Chart, since...

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July Visa Bulletin – Why You Need To Take Action Now!
Post On Jun. 20, 2019
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Priority dates in the July Visa Bulletin will change like nothing I’ve ever seen in my 40+ years of practicing immigration law. Some categories and countries will become current for the first time in many years, and others will advance rapidly. However, some dates will remain frozen while others...

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Does President Trump Support An Employment-Based Immigration System?
Post On Jun. 19, 2019
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On May 16, 2019, President Trump proposed a new immigration system in which over half of all green cards would be allotted to highly educated and skilled immigrants and their families. Under the President’s proposal, the number of green cards approved each year would remain at 1.1 million, the same...

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Can A Defective Notice To Appear Be “Perfected”?
Post On Jun. 18, 2019
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In June 2018, the U.S. Supreme Court issued a landmark 8-1 decision in Pereira v Sessions holding that a Notice to Appear (NTA) in Immigration Court which does not state the date and time of the hearing is a defective Notice to Appear and does not give the Immigration Court jurisdiction over a case....

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Family 2A Category Will Become Current On July 1, 2019
Post On Jun. 17, 2019
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On May 17, 2019, the U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years. Family 2A Category Will Become Current On July 1, 2019 The State Department’s Charlie Oppenheim who...

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Five Things You Need To Know About The USCIS Delays Under the Trump Administration
Post On Apr. 25, 2019
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AILA Doc. No. 19032730 | Dated March 26, 2019 AILA member Shachar Shawn Malachovsky discussed the top five issues surrounding USCIS delays under the Trump administration. One: Processing times for USCIS cases are delayed: According to a recent AILA Policy Brief, "USCIS Processing Delays Have...

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DACA + Advance Parole + Marriage to a U.S. Citizen = Adjustment of Status?
Post On Mar. 11, 2019
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DACA recipients who entered the United States without inspection and have an immediate relative petition, may be able to obtain lawful permanent resident status within the United States. Only DACA recipients who fit certain criteria can do this; those criteria will be explained in depth below....

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Green Card/Adjustment of Status
Post On Feb. 12, 2019
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A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." ​ Adjustment of Status (AOS) is a path to...

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Issuances of Notices to Appear Following Denial of Certain Benefits, Petitions, and Applications
Post On Jan. 22, 2019
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This guide will explain the policy memorandum issued by Department of Homeland Security’s United States Citizenship and Immigration Services (“USCIS”) on June 28, 2018. Executive Order 13768 - Pre-June 28, 2018 USCIS Policy On January 25, 2017 the President of the United States signed Executive...

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USCIS Is Phasing Out Online Self-Scheduled InfoPass Appointments

As your immigration attorney I try to take care of as much of your application process and answer as many of your questions as I can. On occasion an issue or question arises which requires the attention of an immigration officer. Until recently I would counsel you to schedule an InfoPass appointme...

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Highlights from the February 2019 Visa Bulletin
Post On Jan. 15, 2019
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A review of EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR): and EMPLOYMENT FIFTH PREFERENCE CATEGORIES (I5 AND R5): "DSCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES . SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (...

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MARRIED TO A US CITIZEN AND READY TO GET YOUR GREEN CARD? HERE'S A LIST OF DO'S AND DON'TS
Post On Dec. 06, 2018
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THIS FREE REPORT EXPLAINS HOW TO GET YOUR GREEN CARD AND HOW TO AVOID MAKING MISTAKES, THAT CAN GET YOU THROWN OUT OF THE USA. INTRODUCTION A foreign national is entitled to permanent residency (a *green card*) in the United States based on marriage to a United States Citizen even if the foreign...

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