Dual Nationals and Matter of Ognibene
Over the 20 plus years that I have been an Immigration Lawyer, I have noticed an increase in the number of foreign nationals that are dual nationals and have Passports from more than one country. At the simplest level, it presents the question of which Passport will be used upon entry to the U.S. For…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence
UPDATE: Note that I have updated and supplemented this blog with a Part II HERE and a Part III HERE. On occasion, when it comes time for a conditional permanent resident to file the I-751 Petition to Remove Conditions on Residence (based upon a marriage to a U.S. citizen), the marriage has broken down and…
Sealing and Expunging Criminal History Records for Immigrants
As a South Florida Immigration Lawyer, immigrants sometimes ask me whether sealing or expunging records relating to a criminal offense will help their immigration case. Generally, the answer is “No.” In Florida, qualified criminal defendants may petition the court to seal or expunge certain offenses. The process is generally done in order to limit public…
Nonimmigrants in the United States applying for Visas in Canada or Mexico
Nonimmigrants (temporary visa holders) in the U.S. often consider the possibility of traveling to Canada or Mexico to apply for Visas. This is known as “Third Country National” processing. A Third Country National (or “TCN”) is a term that describes a nonimmigrant who applies for a visa in a country that is not his or…
H-1B Visa Information for the 2016 Filing Season
In preparation for the upcoming filing season for H-1B visa petitions for the next Fiscal Year, we are providing the following information and Checklist so that you will have an understanding of important deadlines, documents, and fees that relate to the filing of petitions to obtain H-1B status for non-immigrant workers. The H-1B “Cap” Under…
Special Green Cards for Foreign Diplomats and Employees of International Organizations
Foreign Diplomats Section 13 of the Immigration and Nationality Act allows non-immigrants who entered the United States under diplomatic status to obtain a green card (permanent residence). You may be eligible to receive a green card under Section 13 if you can establish that: You entered the United States as an A-1, A-2, G-1, or…
President Obama Announces New Immigration Policy
On November 20, 2014, President Obama announced changes that he would make to U.S. immigration policy that could help an estimated 4 million undocumented immigrants. In short, the new Immigration Policy may extend benefits to immigrants who: 1. Have a son or daughter who is a U.S citizen or permanent resident (green card); 2. Have…
Summary Removal Procedures
The deportation process has changed significantly over the past two decades, principally as a result of the Summary Removal Procedure that was enacted by Congress as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”). Today, over two-thirds of non-citizens who are deported from the U.S. are deported under the Summary…
Nunc Pro Tunc Asylum Procedures
While not used very frequently, the Nunc Pro Tunc Asylum filing procedure is a huge benefit for derivative dependent aliens who are unable to adjust status because they have lost their relationship with their principal, usually inadvertently or through no fault of their own. “Nunc Pro Tunc“ is just a Latin phrase that means “now…
Abandonment of Permanent Resident Status?
Many U.S. permanent residents (LPR’s) operate under the false assumption that they can travel outside of the U.S. but that as long as they return within a certain amount of time that they will not be in danger of losing their status. On this point, most LPRs understand that they should not stay outside of…
