Lawyer Linh

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  • Family-Based Immigration,  Green Card,  Marriage

    Can Working Without Authorization In the U.S. Prevent You From Getting A Green Card?

    March 14, 2023 /

    Working without authorization in the United States is a serious violation of U.S. immigration law, and can lead to you not being able to get a green card in the future. However, if you are married to a U.S. citizen and you’re getting your green card through your marriage, or you’re an “immediate relative” of a U.S. citizen, you can be forgiven for working without authorization assuming you did not claim to be a U.S. citizen when you applied for the job. This scenario comes up all the time with my clients, and it’s always something they worry and ask about, but the immigration laws actually automatically forgive this if…

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

    September 14, 2021

    I-601A Waiver – What You Need to Know

    July 10, 2018

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

    September 3, 2019
  • DACA decision
    News

    DACA Ruled Unlawful but Continues for Now

    October 10, 2022 /

    On October 5, 2022, the U.S. Court of Appeals of the Fifth Circuit issued a decision on DACA. The court partially agreed with the district court’s ruling that DACA is unlawful. The three-judge panel stated that the Obama administration did not have the legal authority to implement the program. The case will now go back to the district court for further proceedings. It is expected that the Biden administration will file an appeal paving the way for the issue to go all the way up to the U.S. Supreme Court, which would allow them to issue a final decision on the legality of DACA next year. Although the appeals court…

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    What You Need to Know About the New Law in Florida (FL 1718) that Affects Undocumented Immigrants

    May 24, 2023

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

    March 6, 2020

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

    March 2, 2022
  • Green Card,  Policy Change

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

    September 28, 2022 /

    On September 28, 2022, USCIS announced effective September 26, 2022, they will automatically extend green cards for an additional 24 months for those who have filed for a renewal. Green card holders who have applied to renew their expired or expiring green cards will receive a 24-month extension notice, which used to be 12 months. For those who applied for renewal prior to September 26, USCIS should be sending new receipt notices to reflect the 24-month extension. To renew a green card, the earliest a renewal can be sent is within 6 months before the current green card expires. Almost all green card renewals are never approved within 6 months…

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

    November 12, 2018

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

    September 24, 2021

    The Green Card Process for Foreign Workers

    October 28, 2022
  • Green Card

    My Green Card Will Expire Soon, but I Filed for a Renewal. What Happens if I Don’t Get My Green Card Before My Current One Expires?

    September 12, 2022 /

    If your green card is going to expire soon, and you have already filed for renewal, what happens once your current green card does expire and you don’t have your new green card yet? Fortunately, you’ll be just fine. When you send in your renewal application, USCIS will send you a receipt notice confirming they have received the file and it’s processing. That receipt notice will also serve as an automatic 12-month extension of your current green card. If the expiration date on your green card shows October 1, 2022, that notice autonomically extends it for another 12 months. If you are in this situation and need to show proof…

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

    February 7, 2020
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018

    What Your Obligations Are As An I-864 Financial Sponsor of An Immigrant

    March 16, 2023
  • Policy Change

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

    June 13, 2022 /

    USCIS published a final rule called Implementation of the Emergency Stopgap USCIS Stabilization Act in the Federal Register at 87 FR 18227 (March 20, 2022). This rule went into effect on May 31, 2022. One of the provisions in this rule is the option for people to pay an optional premium processing fee (it’s an expedite fee) to get their work permits processed sooner. However, the payment of the premium processing fee is not available for work permit applications yet and will become available once USCIS completes all the necessary logistical steps to get it implemented. USCIS stated that it plans to implement this in the fiscal year 2022. See…

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    DHS Proposes Some Major Changes to the H-1B Process

    December 8, 2018

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

    September 24, 2021

    U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President

    July 16, 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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    The Green Card Process for Foreign Workers

    October 28, 2022

    Specialty Chefs and Green Cards

    June 17, 2019

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

    July 5, 2018
  • 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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    EB-2 Overview and Basics

    August 1, 2018

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

    September 2, 2021

    The Green Card Process for Foreign Workers

    October 28, 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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    The First 100 Days of the Biden Administration – Immigration Edition

    February 3, 2021

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

    February 7, 2020

    U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President

    July 16, 2018
  • Family-Based Immigration,  Policy Change

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

    September 3, 2019 /

    **UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020.             A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status.  Applicants will have to prove that they are self-sufficient and will not become a public charge.  In other words, people who are applying for a green card, change of status,…

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

    September 24, 2021

    K-1 Fiancé(e) Visa and Protection Under the Violence Against Women Act (VAWA)

    May 18, 2023

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

    February 25, 2019
  • Visa Bulletin

    June 2019 Visa Bulletin

    May 23, 2019 /

    The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each year. This amount has not been increased in decades, and the number of people who have applied to get a green card has far exceeded the number of visas available, which has created a backlog. For certain types…

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    Specialty Chefs and Green Cards

    June 17, 2019

    December 2018 Visa Bulletin

    November 29, 2018

    October 2019 Visa Bulletin

    September 19, 2019

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