Are your Translations properly Certified?
As part of the “Invisible Wall” strategy, USCIS has started issuing RFE’s (Requests for Evidence) and denials of applications and petitions related to English translations that are not properly certified. RFE’s result in processing delays, and, as you know, denials will result in the loss of all filing fees, time, and possibly your valid immigration…
Dual Citizenship under U.S. Immigration Law
A common question of foreign nationals who are considering becoming Naturalized U.S. citizens is whether they are allowed to hold dual nationality and keep the nationality of their birth country, or any other nationalities that they may have. My answer is “it depends.” First of all its important to understand that there are actually several…
Adjustment of Status for Nunc Pro Tunc Asylees
As I explained in a previous blog post, there are a variety of ways that derivative asylees may lose their eligibility to file for adjustment of status. This can happen, for example, when the principal asylee becomes a U.S. citizen (or dies), or where the derivative asylee gets married. In these situations, while the derivative…
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…
Employment Authorization for Conditional Permanent Residents Whose Status Has Been Rerminated.
Even after USCIS terminates their status, conditional lawful permanent residents who are in removal proceedings before an Immigration Judge remain eligible to work in the United States. Under U.S. immigration law, conditional lawful permanent residents retain their permanent residency until a final administrative order of removal is entered — either by an Immigration Judge or,…
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…
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…
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…
