Another day brings another change to US immigration law and practice. As of yesterday, September 29, 2020, a federal court ordered a preliminary injunction against USCIS from implementing its fee increases, which were set to go into effect for all cases filed on or after October 2, 2020. See Read More
USCIS Fees Increase on October 2, 2020
USCIS increased most filing fees. The changes will take effect as of October 2, 2020. This means that any application that is postmarked ON or after October 2, 2020 will need the new fees. Clinic Legal Services prepared a wonderful chart that describes the new fees. The chart is at https://cliniclegal.org/resources/fee-waivers-uscis/selected-uscis-form-fees-beginning-oct-2-2020 (also open at USCIS Form Fees Read More
What Should I Do if USCIS Denies My Visa?
The short answer is…you should talk to an attorney if your application has been denied. You should talk to the attorney about whether you can appeal the denial and/or resubmit the application. Read More
Green Card Photo Requirements
When you’re ready to take your photo for your green card, it’s not the time to get artistic. U.S. Customs and Immigration Services (USCIS) and the Department of State (the agency that runs US embassies and consulates) require that all visa and green card applicants follow specific requirements for their photos. The requirements are found here. The U.S. State Department website provides examples of acceptable visa Read More
Going from a TN Visa to a Green Card
If you are a Canadian or Mexican citizen and you want to work in the U.S. temporarily, there are several visa programs available, one of which is the TN visa. The North American Free Trade Agreement, or NAFTA, created the TN visa to make temporary employment in the U.S. easier for approved Canadian and Mexican citizens. The purpose of the TN visa was to strengthen business and trade relationships between these Read More
When and How Can I Become a US Citizen?
The path to becoming a U.S. citizen isn’t always short or straightforward. The process through which a non-citizen becomes a U.S. Citizen is called naturalization. You can become a naturalized citizen if you: Have had a permanent resident (green) card for at least five years; three if you are applying for citizenship through marriage to a U.S. citizen; Meet eligibility requirements, including being a person of Read More
What Should You Bring to a Green Card Interview?
If you’re preparing for a marriage green card interview, it can be an intimidating process. While the stakes are high, the best way to feel confident is to prepare. That’s why it’s essential to understand what you should expect during a green card interview and ensure you bring all of the correct records. Read More
Freedom of Information Act requests: Why are they important when you work with an immigration lawyer?
The Freedom of Information Act (FOIA) allows anyone to request records and information from the U.S. government. See 5 U.S.C. § 552 (2016). While the FOIA’s primary purpose is to keep citizens informed and government transactions transparent, the legislation also proves useful in some immigration cases. Read More
Can You Get a Green Card With a Criminal Record?
If you’re beginning the process of immigrating to the U.S. and have a criminal record, you’re probably wondering whether this will affect your chances of getting a green card. While there’s no definitive answer to this question, serious criminal offenses may prevent you from obtaining a green card. For lower-level offenses, a green card may still be an option, but it’s good to work with an experienced immigration Read More
What is an I-601 waiver?
An I-601 “Application for Waiver of Grounds of Inadmissibility” allows a foreign citizen to immigrate to the U.S., adjust their status to permanent resident, or seek admission to the U.S. as a nonimmigrant if the immigrant can prove that a “qualifying relative” would suffer extreme hardship if the waiver is not granted. You will use Form I-612 if there is a reason U.S. immigration would deny you entry to the U.S. Read More
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