The Little Things That Often Become Big Immigration Problems
One of the reasons I enjoy practicing immigration law is that no two cases are exactly alike. Even when two clients appear to have very similar situations, the details are almost always different. After working in this field for over 30 years, having had the benefit of working with thousands of immigrants, and after reading…
What Online Immigration Forums Can Teach Us – And What They Can’t
People are sometimes surprised when I tell them that I occasionally browse Reddit, Facebook groups, and other online immigration forums. As an attorney, I’m obviously not looking there for legal authority or official guidance. But I do think those communities have value. They give me a real-time look at what applicants are experiencing, what they’re…
Unlawful Presence vs. Out of Status: What Every Immigrant Needs to Know
When it comes to U.S. immigration law, a common source of confusion is the difference between “unlawful presence” and “out of status.” These terms are not interchangeable – and knowing the difference can be the key to avoiding bars to reentry or serious immigration problems. Unlawful presence begins when you stay in the United States…
USCIS Announces 36-Month Extension for Green Card Renewals
Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) will automatically extend the validity of Green Cards (Permanent Resident Cards) to 36 months for all lawful permanent residents who file Form I-90 to replace their Green Card. If you file Form I-90 correctly to renew an expiring or expired Green Card, you will…
DHS Extends Temporary Protected Status (TPS) for Venezuela
On July 11, 2022, the Department of Homeland Security (DHS) announced that it had extended the designation of Venezuela for Temporary Protected Status (TPS) for a period of 18 months. This designation of TPS will allow eligible nationals from Venezuela to apply for an extension of their protected status and also apply for a (optional)…
New USCIS Rule extends certain Employment Authorization Documents by up to 540 Days
On May 4, 2022, USCIS announced that it would automatically extend certain Employment Authorization Documents (work permits) from 180 days to 540 days in order to address severe delays in processing the Form I-765, Application for Employment Authorization. The eligibility requirements for the new rule are: The individual must have already been issued a work…
New USCIS Policy allows certain applicants to obtain Employment Authorization Documents that will be valid for 2 years
On February 7, 2022, USCIS updated its General Guidelines on the Maximum Validity Periods for Employment Authorization Documents (EADs), or work permits, for certain filing categories. This guidance allows eligible applicants to obtain EADs that will be valid for 2 years when they file initial or renewal EAD applications (filed on Form I-765). Before this…
Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.
The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures. In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. …
Major USCIS Fee Increases scheduled to take effect on October 2, 2020
Fees for many of the core USCIS applications and petitions will significantly increase starting on October 2, 2020. In the 25 years that I have been an Immigration Lawyer, I have never seen fees increase so dramatically. These fee increases include: I-485 Application for Adjustment of Status. The current fee for an I-485 Application for…
Automatic Extension of Work Permits
Some foreign nationals who are employed in the U.S. are eligible for an automatic extension of their work permit, or Employment Authorization Document (EAD) simply by filing a timely I-765 renewal application. This benefit helps to prevent gaps in employment authorization. Upon receipt of the I-765 application, USCIS will automatically extend the employee’s EAD for…
