In the absence of DREAM Act passage, President Obama has ordered Deferred Action for people who were were brought to the U.S. as children and have no legal status in the U.S. The idea is to help people who are basically stuck here through no fault of their own. Here's some basic info on DACA.
If unlawful entry prevents adjustment her ein the U.S. and not 245(i)-eligible, can they process abroad? In theory, yes - but many people will not be able to do this as a practical matter. Being in
If it turns out that the foreign national only married the U.S. citizen to get permanent residence, can permanent residence be rescinded? Yes, although this is an unusual occurrence. USCIS does not m
Can the foreign national work and travel while the case is pending? The foreign national will almost always be able to work legally within a few months of filing (this of course requires that an Empl
Can a foreign national get and keep permanent residence based on marriage to a U.S. citizen if the marriage ends? The answer depends on where the application is in the process at the time the marriag
Does the length of time a couple is married have any effect on the process? Yes. If the couple is married for less than two years at the time of the interview, and the case is approved, only Conditio
Can a foreign national who has timely applied for a new work visa work without pay or "volunteer" for the company? No. "Employment" for these purposes doesn't just mean getting paid; if the individua
A guide to immigration for new businesses.
Can a foreign national who has used up all six allowable years of H-1B eligibility get back or "recapture" time spent abroad to receive additional tim Yes. U.S. Citizenship and Immigration Services h
An AC21 Portability Guide