The 90 Day Rule
As of September 1, 2017, the U.S. Department of State replaced the 30/60 Day Rule with the 90 Day Rule which establishes a presumption of a willful misrepresentation in the event that an alien takes any action within 90 days of entry that is inconsistent with the terms of his or her nonimmigrant status on…
The New USCIS Public Charge Rule
FEBRUARY 3, 2020 UPDATE: USCIS has announced that it will be implementing the Inadmissibility on Public Charge Grounds final rule (except in Illinois) and applying it to all petitions and applications filed with USCIS on or after February 24, 2020. When determining whether an alien is likely to become a public charge at any time…
How Your Social Media posts can ruin your Immigration Case.
On May 31, 2019, the U.S. Department of State updated it’s immigrant and nonimmigrant visa application forms (Forms DS-260 and DS-160) to request information about “social media identifiers” from most U.S. visa applicants worldwide. A social media identifier means any social media or mobile communications accounts, identifiers, user names, short-code designations, handles, or nick-names. In…
Should I hire an Immigration Lawyer to prepare and file my forms?
This question reminds me of the old saying: “If you walk into a Barber shop and ask the Barber whether or not you need a haircut, you will leave the Barbershop with a haircut.” Without a doubt, as Immigration Lawyers, we are in the business of selling our services, so we have an obvious interest…
When Should I File Form I-751?
Most conditional lawful permanent residents seem to know that U.S. Immigration law requires them to file their joint I-751 petition within the 90 day period (window) immediately before their conditional residence expires. This is something that conditional residents learn when they go through the process of obtaining conditional residency. While this rule seems easy enough…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART III
On November 30, 2018, USCIS issued a Policy Memorandum entitled “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” Although it applies to all I-751 petitions (not just joint petitions filed by spouses who are separated but not divorced), because it answers some of the common questions that my clients ask…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART II
During the course of the more than 25 years that I have been an Immigration Lawyer, I have encountered my fair share of cases and situations where the primary driving force behind the problem I am attempting to solve is due to a change in circumstances that a family is experiencing. This can happen in…
What do Immigration Officers look for at I-130 Interviews?
This week I had the opportunity to attend several I-130 marriage based interviews with my South Florida clients. After having attended several hundred I-130 interviews over the past 20 plus years of being an Immigration Lawyer, I know that my clients will always benefit from being prepared. In addition to increasing the chances that the…
An Immigrant is Taking My Job!
Recently, someone sent me a picture that appeared to show First Lady Michelle Obama holding up a sign that said: “An Immigrant is Taking My Job.” It was probably photoshopped, but it really made me stop and think … “How True.” More than ever before, I am now finding myself involved in deep discussions about…
The Trump Administration and the Future of U.S. Immigration Law
Many immigrants are understandably concerned about their future under a Trump Administration. With the large immigrant population in South Florida, this has been a frequent topic of conversation since the election. Given that (President-elect) Trump gained popularity and traction during his campaign, in part, upon his promise to deport illegal aliens and build a wall…
