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The Takeover of the House of Representatives by the Democrats: What This Could Mean for U.S. Immigration
The results are in and the Democrats have taken control of the House of Representatives while the Republicans still control the Senate. What does this mean for the President’s immigration plans? The Democrats will likely try to thwart the President’s efforts to enact the immigration changes he has promised. What I see happening is more gridlock and immigration reform will be a battle in Congress. Any real reform is yet to be seen. However, Democrats can try to limit the President’s immigration plans through the budgeting process, such as fighting to fund the controversial border wall and also limiting his other immigration plans. Here is an article from USA Today…
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A Summary of What You Should Know About the Proposed “Public Charge” Policy
On October 10, 2018, the Department of Homeland Security (DHS) published a proposed policy to change the “public charge” rules. I’ve received a lot of questions from people about how the proposed policy change regarding the public charge definition could affect their immigration cases. One important thing I would like to mention is that this rule would not be retroactive. This means that public benefits a person has received prior to the start of the new rule, will not be counted against them. Another thing worth mentioning is that this public charge test would not look at U.S. citizen children or other family members who are eligible to receive public…
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Helpful U.S. Immigration Resource Links
A common statement I hear from people I meet with when discussing their immigration cases with them is that the Internet has a lot of information and they don’t know what is correct and what isn’t. They tell me they’ve read message boards with horror stories, or that they’ve somehow clicked on so many websites that they don’t know what to believe. As with most things, you can’t always believe what you read. I do believe some are legitimate sources of immigration law information, while there are plenty of others that are not. Also, most of the time, each immigration case has its own set of unique facts and circumstances,…
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Obtaining a Green Card Under the Violence Against Women Act (VAWA)
The federal Violence Against Women Act (VAWA) provides victims of battery or extreme cruelty a way to get a green card. One purpose of VAWA is to remedy immigrant abuse and improve criminal justice in the areas it covers. A major difference between green cards obtained through family and green cards obtained through VAWA, is that VAWA green card applicants self-petition without the knowledge of their abusers. This provides protection from spousal abuse. For example, person A is a U.S. citizen, and person B is an immigrant. Person A and person B marry. A abuses B from the beginning of their marriage. B would like to apply for a green…
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If You Have Been a Victim of a Crime, You May Qualify for a U Visa
When I first started practicing immigration law, U visa cases were one of the first kinds of cases I handled. I still handle a lot of these types of cases now. U visas (aka U nonimmigrant status) are for victims of certain types of crimes who have been affected physically and emotionally, they reported the crime to law enforcement, and they were helpful to the investigation/prosecution of the crime. One of the most common ones I see is domestic violence crimes. Congress created this visa in the year 2000 as part of legislation focused on strengthening the investigation of certain crimes to encourage people to report crimes regardless of their…
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Overview of the L-1A Visa – Intracompany Tranfers
The L-1A Intracompany Transferee nonimmigrant visa classification allows a U.S. employer to transfer an employee in a managerial or executive position from a foreign office to the United States. This can also include a foreign company that doesn’t have a U.S. based company yet but wants to set up an office in the U.S. The foreign company can send an executive to the U.S. under the L-1A visa with the purpose of establishing a U.S. based company. L-1 visas are only for transfers within the same company but are good options for foreign companies to expand into the U.S. Often, after the seven-year limit, many L-1A employees apply for permanent…
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An Overview of What You Need to Know About the EB-3 Category
An EB-3 is another immigrant visa preference category in the United States for employment-based permanent residency. This is another category that allows for employers to petition for foreign workers to get their green cards. An EB-3 is intended for “skilled workers,” “professionals,” and “other workers.” An example of a “professional” in the EB-3 category would be a profession that normally requires at least a U.S. bachelor’s degree or its equivalent. An example of a “skilled worker” would be a position that requires at least 2 years of training. For example, if a restaurant is looking for a specialty chef who has at least 2 years of chef experience, the employer…
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What You Need to Know About Your Social Media Accounts and Your Immigration Case
If you don’t think what you post on social media has any relevance to your immigration case, think again. Immigration officers/officials, ICE agents, and government attorneys in immigration removal cases can easily look up someone’s social media accounts just like anyone. In fact, it is something they do. They want to see if they can find evidence that supports your application for whatever immigration benefit you are applying for, or if there may be any incriminating evidence that can be used against you. To emphasize how much social media matters to immigration officials, on March 30, 2018, the Department of State published a notice about revising the DS-260 immigrant visa…
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Want to Start A Business in the U.S. and Live Here? The E-2 Treaty Investor Visa May Be for You
For those who have an entrepreneurial spirit, or who have ever thought about opening a business in the U.S., the E-2 investor visa may be a good fit. This visa allows for a foreign person to open a U.S. business and stay and live in the U.S. legally for an indefinite amount of time. As long as the business continues to run, the investor can continue to renew his/her E-2 visa and remain in the U.S. However, the investor must have an intent to return to her home country when the E status ends. The E-2 visa allows a person from a foreign country to come to the U.S. and…
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Applying for U.S. Citizenship 101
Most people who immigrate to the U.S. ultimately have the goal of becoming a U.S. citizen. Becoming a U.S. citizen is not necessary, but it comes with benefits you would not get as a permanent resident (aka green card holder) such as, the right to vote, being able to hold certain government jobs, and being able to live in another country for the rest of your life while still being able to come back to the U.S. as you please. Read below to find out more about what it takes to become a U.S. citizen. How to Apply for U.S. Citizenship Make sure you are eligible to be a U.S.…