When the Past Comes Back in a Green Card Case
When people come to my office to discuss obtaining a Green Card through a spouse or another qualifying family member, they are usually focused on the future. They’re thinking about building a life together, becoming a lawful permanent resident, and eventually applying for U.S. citizenship. Before we can confidently move forward, however, I also want…
What Is a DHS Notice of Fee Assessment Under 8 U.S.C. § 1815?
Over the past several weeks, I have begun seeing a new type of notice issued by the U.S. Department of Homeland Security (DHS) that many immigrants—and even many immigration attorneys—have never encountered before. The document is called a Notice of Fee Assessment, and it demands payment of $5,130. Not surprisingly, people who receive one are…
Does the Supreme Court’s New Border Decision Affect Your Green Card or Citizenship Case?
Editor’s Note (July 2026): This article discusses the U.S. Supreme Court’s recent decision in Blanche v. Lau and its practical impact on lawful permanent residents. As with all immigration matters, future court decisions, agency guidance, or legislative changes may affect how this decision is applied. This article reflects the law as of the date of…
Green Card Holders With Criminal Issues Should Think Twice Before Traveling Abroad: New U.S. Supreme Court Decision Changes the Risk Analysis
For many lawful permanent residents, international travel is a routine part of life. Visiting family members overseas, attending weddings and funerals, conducting business, or simply taking a vacation are activities that most Green Card holders understandably expect to do without significant immigration consequences. However, a recent decision by the United States Supreme Court serves as…
What Happens if My Spouse and I Separate After Filing a Joint I-751 Petition?
One of the most stressful situations I see in immigration practice is when a couple files a joint I-751 petition and then the marriage begins to fall apart while the case is still pending. Unfortunately, this happens quite often. Given current USCIS processing times, it is becoming even more common since petitions may remain pending…
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…
What Evidence Actually Matters in an I-751 Petition?
One of the most common questions I hear from clients preparing an I-751 petition is “Do we have enough evidence?” Often, the answer is yes, but that is not always the case. In some cases, the real issue is more complicated than people realize. Many couples assume USCIS is simply counting documents, more bank statements,…
What Does USCIS Mean by a “Good Faith Marriage” in an I-751 Case?
One of the most common misconceptions I encounter in I-751 cases is the belief that a failed marriage automatically means a failed immigration case. That is not really how the law works. In many I-751 consultations, I speak with people who are genuinely panicked because: Many assume USCIS is trying to determine whether the marriage…
What Does “Discretion” Mean in an Adjustment of Status Case?
In two recent posts, I wrote about the new USCIS policy memorandum describing Adjustment of Status as a form of “extraordinary relief,” and then about the possible legal challenges to that policy. This post focuses on the practical question underneath the entire issue: What does discretion actually mean in an Adjustment of Status case? That…
