2011 - Brown Immigration Law

USCIS Reaches Fiscal Year 2012 H-1B Cap

In a press release November 23, 2011 USCIS announced to the public that it received enough H-1B petitions to reach the 65,000 statutory cap for Fiscal Year (FY) 2012. USCIS noted that November 22, 2011 marked the final receipt date…

Dec 02, 2011

Family Based Immigration | Visas

USCIS Clarifies Qualification Rules for Visas to Spur Economy

With unemployment rate hovering in the 9 to 10 percent range, the U.S. government is turning to foreign entrepreneurs in an effort to spur the economy. By "clarifying" visa rules, the U.S. Citizenship and Immigration Services (USCIS) hopes that foreign…

Nov 29, 2011

Family Based Immigration

Florida Businesses Facing E-Visa Difficulties Amid Recession

The E-1 treaty trader visa and the E-2 treaty investor visa are some of the lesser-known visas that permit foreign nationals to conduct business in the U.S. For people legally in the country with these visas, however, the visas are…

Nov 06, 2011

Family Based Immigration

USCIS Changes Look of EAD and Other Immigration Documents

Several of the U.S. Citizenship and Immigration Services' (USCIS) documents and certificates have recently undergone design changes intended to help prevent fraud and tampering. Although the look of these immigration documents has changed, the application process and how applicants receive…

Oct 31, 2011

Employment Based Immigration | Family Based Immigration

Employment-Based Visas: Fiscal Year 2012

October 1, 2011, marks the beginning of fiscal year 2012 and the availability of more employment-based visas. The employment-based visa quota for fiscal year 2011 was reached in the middle of September, 2011. The government put any EB immigrant visa…

Sep 30, 2011

Family Based Immigration

Presidente Obama recientemente anunció que está bajando la presión de los casos de deportación/extracción de menos prioridad

La administración de Obama recientemente anunció que está bajando la presión de los casos de deportación/extracción de menos prioridad, permitiendo asi que algunos inmigrantes no documentados puedan quedarse en los Estados Unidos y finalmente puedan aplicar para trabajar. El secretario…

Aug 26, 2011

Employment Based Immigration | Family Based Immigration

Microsoft Asks Congress for Immigration Reform for Highly-Skilled Immigrants

Microsoft is the latest in a long line of companies, individuals, employment-based immigration attorneys and interest groups asking for immigration reform. On Tuesday, July 26th, Microsoft's general counsel, Brad Smith, testified before the United States Senate Committee on the Judiciary Subcommittee on…

Aug 01, 2011

Uncategorized

Filing H-1B Visa Petitions for 2012

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B nonimmigrant visa applications for the 2012 fiscal year on April 1, 2011. As of July 1, 2011, the USCIS has received 18,400 petitions against the regular 65,000 available limit and 11,900…

Jul 13, 2011

Family Based Immigration | Non-Immigrants

NSEERS Ended

Effective April 28, 2011 the National Security Entry-Exit Registration System (NSEERS) was eliminated by the Department of Homeland Security as a redundant program. The following countries were removed from, and relieved the nonimmigrant nationals or citizens from compliance with, the…

Jul 06, 2011

Uncategorized

DV 2012 Lottery Re-Do

As a reminder to those that submitted applications for the 2012 Diversity Lottery, the new results will be posted on the Department of State (DOS) website on or about July 15, 2011. As you may recall, a computer programming error…

Jun 29, 2011

Family Based Immigration

Did You Ever Ask for a Case Status Update From CIS?

The CIS Ombudsman has issued a two page instruction guide on how to prepare for a call to the NCSC and what you may expect to obtain for a response. The NCSC telephone number to inquire about a case is…

Jun 15, 2011

Family Based Immigration

Expediting Waiver Requests

U.S. Citizenship and Immigration Services (USCIS) has recently provided guidance as to the processing of requests to expedite the adjudication of waivers filed by individuals outside the United States. The request must demonstrate reasons that merit expedited processing. Matters that present extraordinary…

Jun 08, 2011

Family Based Immigration

Kids Have Access to Public Education, Regardless of Immigration Status

n 1982, the United States Supreme Court stated in Plyler v. Doe that a state cannot deny a child access to a public education, regardless of the child's immigration status. Amid three complaints that schools were checking the immigration status of students,…

May 18, 2011

Family Based Immigration

Employer Fined For Only Hiring US Citizens

It had been alleged that at least one of Wendy's (Restwend) restaurants in Maine refused to hire any that they believed were not United States Citizens. The US Department of Justice (DOJ), headed by Attorney general Eric Holder, believed that…

May 03, 2011

Family Based Immigration

Changing Immigration Status Once You’re Married

Thanks to the United State's system of family-based immigration, someone who marries a U.S. citizen is able to gain permanent residency within a relatively short waiting period (shorter than most residency applications). But this does not happen automatically upon being married…

May 02, 2011

Employment Based Immigration | Family Based Immigration

Two Documents in One

Until now, two documents were required to demonstrate Employment Authorization (EAD or Form I-766) and Advance Parole Authorization for parole authorization upon return to the US (AP or Form I-512). Under a new rule going forward, those eligible for both the EAD and AP…

Apr 07, 2011

Family Based Immigration | Visas

Priority Dates for EB-2 Visas May Advance

The DOS has indicated that they anticipate there are approximately 12,000 unused EB-1 visanumbers that may be utilized in the second preference EB-2 in the coming months, perhaps as soon as May 2011. This transfer of unused numbers from first to…

Apr 06, 2011

Family Based Immigration

Immigration Court in NC Permits Adjustment to K-2 Child That ‘Aged Out’

A child was admitted to the United States when she under twenty years old as a K-2 visa holder with her mother, the K-l visa holder. The mother married a U.S. citizen within 90 days of entry. The child turned…

Apr 05, 2011

Family Based Immigration

North Carolina Is the Latest State to Fully Implement ICE’s Controversial Secure Communities Program

Last week, immigration law in North Carolina changed when the state joined only nine others - including Arizona, New Mexico, California and Florida - in implementing the Secure Communities program statewide. The goal of the U.S. Immigration and Customs Enforcement (ICE) program…

Mar 22, 2011

Family Based Immigration

A New CAP Registration Proposed by CIS for H-1B Registration

A proposal is being put forth by the USCIS to amend the manner of filing petitions by employers for specialty occupation workers (H-1Bs). The proposed regulation affects H-1B petitions that are subject to the annual numerical limitations either under the standard 65,000…

Mar 15, 2011

Family Based Immigration | Visas

Visa Waiver Program Adjustees

USCIS has given indications that a positive decision is forthcoming on Visa Waiver Program (VWP) admittees applications for adjustment has been reached. It appears that USCIS HQ is instructing the operating offices that they have jurisdiction to adjust persons admitted under the…

Mar 06, 2011

Family Based Immigration

Silent Raids Lead to Dismissal of Hundreds of Immigrant Workers, Employers Beware of I-9 Compliance

The Obama administration continues to conduct silent raids on businesses employing illegal workers, most recently targeting fast-food restaurants. Audits by U.S. Immigrations and Custom Enforcement (ICE) are looking at records from over a thousand employers, including those in the food-processing and hospitality…

Feb 28, 2011

Family Based Immigration | Visas

February 18, 2011 DOS Issues Scam Alert for Diversity Visa Applicants

Scammers are sending fraudulent emails and letters, according to the US Department of State to Diversity Visa (DV) applicants. The DV notes that the 'visa lottery' is being targeted by scammers sending fraudulent emails and letters posing as US government…

Feb 20, 2011

Family Based Immigration

Mexican Citizen Gets 3-Year Sentence for Fleeing From Border Patrol

On February 15, 2011, a Mexican citizen was sentenced in Toledo, Ohio to three years in federal prison. After completion of his sentence he will be deported to Mexico. The matter stemmed from an incident occurring in April last year involving Border…

Feb 20, 2011

Family Based Immigration

Export Control Response Needed on I-129 Beginning February 20, 20111

As of February 20, 2011, Part 6 - the Export Control Attestation - on the Petition for a Non-Immigrant Worker Form I-129 must be completed by all employers. This section certifies the release of controlled technology or data to foreign…

Feb 19, 2011

Uncategorized

No Grace Period for Non LPR Cancellation

The United States Court of Appeals for the Ninth Circuit determined that persons who entered the United States illegally on June 15, 1991, and were issued a Notice To Appear on May 3, 2001, had not maintained continuous presence in…

Feb 16, 2011

Citizenship and Naturalization | Family Based Immigration

Dual Citizenship “Beibehaltungsgenehmigung”

Germans migrating to the US have to file a special application in Germany to keep their German passport and maintain their German citizenship "Beibehaltungsgenehmigung." This has to be done in German language. We can offer help in doing these applications…

Jan 21, 2011

Blogs from 2011

USCIS Reaches Fiscal Year 2012 H-1B Cap

USCIS Clarifies Qualification Rules for Visas to Spur Economy

Florida Businesses Facing E-Visa Difficulties Amid Recession

USCIS Changes Look of EAD and Other Immigration Documents

Employment-Based Visas: Fiscal Year 2012

Presidente Obama recientemente anunció que está bajando la presión de los casos de deportación/extracción de menos prioridad

Microsoft Asks Congress for Immigration Reform for Highly-Skilled Immigrants

Filing H-1B Visa Petitions for 2012

NSEERS Ended

DV 2012 Lottery Re-Do

Did You Ever Ask for a Case Status Update From CIS?

Expediting Waiver Requests

Kids Have Access to Public Education, Regardless of Immigration Status

Employer Fined For Only Hiring US Citizens

Changing Immigration Status Once You’re Married

Two Documents in One

Priority Dates for EB-2 Visas May Advance

Immigration Court in NC Permits Adjustment to K-2 Child That ‘Aged Out’

North Carolina Is the Latest State to Fully Implement ICE’s Controversial Secure Communities Program

A New CAP Registration Proposed by CIS for H-1B Registration

Visa Waiver Program Adjustees

Silent Raids Lead to Dismissal of Hundreds of Immigrant Workers, Employers Beware of I-9 Compliance

February 18, 2011 DOS Issues Scam Alert for Diversity Visa Applicants

Mexican Citizen Gets 3-Year Sentence for Fleeing From Border Patrol

Export Control Response Needed on I-129 Beginning February 20, 20111

No Grace Period for Non LPR Cancellation

Dual Citizenship “Beibehaltungsgenehmigung”

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