Impact of the new Matter of Dhanasar Decision on National Interest Waivers
Dec 28, 2016
On December 27, 2016, USCIS’ Administrative Appeals Office released a new decision which substantially changed the test for National Interest Waivers that has been in place since 1998. Here's what thi...
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New proposed Parole program for international entrepreneurs – what is it?
Sep 02, 2016
On August 26, 2016, USCIS published a proposed regulation that, \_IF\_ ultimately published as a final rule, would allow a new way for foreign national entrepreneurs to enter the US and work on their ...
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Deferred Action for Childhood Arrivals (DACA) FAQs
Aug 13, 2012
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 peopl...
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Can a Foreign National Married to a U.S. Citizen Process Abroad if they Can't Adjust Status?
May 23, 2011
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 ...
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Can the Green Card be Taken Away if the Foreign National Married Fraudulently?
May 23, 2011
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out that the foreign national only married the U.S. citizen to get permanent residence, can permanent residence be rescinded?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...
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Can the Foreign National Work and Travel While the Marriage-Based Green Card Case is Pending?
May 23, 2011
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...
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Must the Couple Stay Married for the Foreign National to Get or Retain Permanent Residence?
May 23, 2011
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...
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What impact does length of a marriage have on a Marriage-Based green card case?
May 23, 2011
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...
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Can a Foreign National without an Approved Visa "Volunteer" for the New Employer?
May 23, 2011
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...
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Entrepreneurship Legal Guide
May 23, 2011
A guide to immigration for new businesses....
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