Lawyer Linh

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The Green Card Process for Foreign Workers

I’ve met with many employers with the same issue – they are having a hard time finding workers. One potential solution is petitioning for foreign workers to fill those jobs.…

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October 28, 2022

A TN Visa Overview: A Possible Alternative to the H-1B

Many people who are wanting to get a temporary work visa in the U.S. have likely heard of the H-1B visa. There is another classification called the TN visa that…

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January 23, 2019

Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved

One of the sad realities of our immigration system is that it can take a very long time to bring over certain family members. For example, if a U.S. citizen…

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February 25, 2019

What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa

If you are a U.S. citizen, there are two ways you can bring your significant other to the U.S. to get a green card (AKA lawful permanent residency). You can…

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September 23, 2019
  • News

    What President Biden Said About Immigration In His State of the Union Speech

    March 2, 2022 /

    On March 1, 2022, President Biden delivered his State of the Union speech. He spoke on several topics, including the war between Russia and Ukraine, inflation, prescription drug prices, the COVID-19 pandemic, and bringing industry and manufacturing back to America, among other topics. He did speak about immigration, but he didn’t spend much time on the subject. Here’s what he said about immigration: -More technology has been added at the border to detect drug smuggling; -Joint patrols have been set up in Guatemala and Mexico to catch more human trafickers; -They’re working with partners in Central and South America to host more refugees and helping with securing their borders; -Give…

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    Linh

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    Changes to the U.S. Immigration System During COVID-19 Pandemic

    March 19, 2020
    DACA decision

    DACA Ruled Unlawful but Continues for Now

    October 10, 2022

    The Takeover of the House of Representatives by the Democrats: What This Could Mean for U.S. Immigration

    November 7, 2018
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change,  U.S. Citizenship

    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021 /

    Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…

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    Linh

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    The PERM Process – Getting U.S. LPR Status Through an Employer

    July 13, 2018

    EB-2 Overview and Basics

    August 1, 2018

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021 /

    I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…

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    Linh

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    If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option

    November 12, 2018

    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    The Green Card Process for Foreign Workers

    October 28, 2022
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021 /

    Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…

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    Linh

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    The Green Card Process for Foreign Workers

    October 28, 2022

    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    EB-2 Overview and Basics

    August 1, 2018
  • Policy Change

    Quicker Work Permits for U Nonimmigrant (U Visa) Petitioners and Qualifying Family Members

    August 6, 2021 /

    On June 14, 2021, USCIS issued a policy alert that will give principal petitioners (the main applicant) and qualifying family members with pending and valid U visa petitions work permits. To find out what a U visa is, you can go to my blog post here. The terms U nonimmigrant status and U visa are often used interchangeably but generally refer to the same immigration benefit. For purposes of this post, I will use the term U visa since that is the term that most people are familiar with. For anyone who has applied for a U visa, there is a huge backlog. I remember when I first started working…

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    Linh

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    President Trump Signs Executive Order Banning Entry of Certain Individuals Into the U.S. Amid COVID-19 Outbreak

    April 23, 2020

    What You Need to Know About the New Public Charge Rule Effective 10/14/2019

    September 3, 2019

    What You Need to Know About Your Social Media Accounts and Your Immigration Case

    September 6, 2018
  • News,  Policy Change

    The First 100 Days of the Biden Administration – Immigration Edition

    February 3, 2021 /

    In President Biden’s first 100 days in office, he will be proposing many immigration-related policy changes and executive orders, as well as an immigration bill. Click here to read more about those plans. Here are some of the immigration-related issues that the Biden administration has said it will address: Reverse the Trump Administration’s policies that separate parents from their children at our border, including ending the prosecution of parents for minor immigration violations as an intimidation tactic, and prioritize the reunification of any children still separated from their families. End Trump’s asylum policies. Surge humanitarian resources to the border and foster public-private initiatives, and increase U.S. government resources to support migrants awaiting…

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    Linh

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    The Takeover of the House of Representatives by the Democrats: What This Could Mean for U.S. Immigration

    November 7, 2018

    The Coronavirus (COVID-19) and the Impact on U.S. Immigration

    March 6, 2020
    DACA decision

    DACA Ruled Unlawful but Continues for Now

    October 10, 2022
  • Policy Change

    Public Charge Rule Updates and Other U.S. Immigration Changes Due to COVID-19

    August 18, 2020 /

    No one can deny that this year has been full of uncertainty and changes because of the pandemic. I cannot think of one sector or industry that has not been affected in one way or another, including our U.S. immigration system. Many changes have happened and as attorneys, we have had to navigate our way through these unprecedented times staying up to date on current events and how they will be affecting our clients’ cases. Within our immigration system, there are many different areas. For example, we have the immigration courts, the U.S. Department of State, USCIS (U.S. Citizenship and Immigration Services), and the National Visa Center (NVC). Because of…

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    Linh

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    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021

    USCIS Extends Green Card Extensions to 24 Months For Green Card Renewals

    September 28, 2022

    USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits)

    June 13, 2022
  • Policy Change

    USCIS Raising Filing Fees Effective October 2, 2020

    August 4, 2020 /

    *Update: On September 29, 2020, a federal judge blocked the filing fees from increasing at this time. USCIS is raising its fees by an average of 20%, but some fees will increase by much more than that. If you have an immigration case that can be filed before that date, you should do so. Below is a table of the new fees. You can also find the final rule here.

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    Linh

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    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021

    Important Information on the Public Charge Rule Effective 2/24/2020

    February 7, 2020

    What You Need to Know About Your Social Media Accounts and Your Immigration Case

    September 6, 2018
  • Employment,  H-1B,  Policy Change

    President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas

    July 6, 2020 /

    On June 22, 2020, President Trump issued a proclamation that suspends issuance of H-1B, H-2B, J and L visas until at least December 31, 2020. The suspension could be extended depending on the circumstances at that time. This proclamation also extends the proclamation from April 22, 2020, that bans certain immigrants from coming into the U.S. until the end of the year, which was originally set to expire sixty days later. I had written a blog post about that proclamation here. This current proclamation only affects people who are currently outside the U.S. who want to get one of those types of visas to come into the U.S. If a…

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    Linh

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    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019

    A TN Visa Overview: A Possible Alternative to the H-1B

    January 23, 2019
  • Employment

    Getting Unemployment Benefits if You Are An Immigrant

    June 3, 2020 /

    During these uncertain times, many people are facing economic hardship due to layoffs or furloughs. A question I have been getting lately is if a person can apply for unemployment benefits if a person does not have any legal status; if a person is not a green card holder but holds a valid work permit; if a person is a green card holder; or if a person is an H-1B holder. The general rule is that getting uemployment will not be considered a public benefit that would affect a person’s ability to get a green card. The Department of Homeland Security has explained in its final rule on inadmissibility on public…

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    Linh

    You May Also Like

    Overview of the H-1B Visa and Why They May Be Getting Harder to Get

    July 5, 2018

    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas

    July 6, 2020
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