What is a “Prima Facie Determination”?
As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE. If you file an I-360 Petition for Amerasian, Widow(er), or…
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…
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…
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…
The 30/60 Day Rule
NOTE: 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…
