How the Legalization of Same-Sex Marriage Nationwide Impacted Immigration Law
Almost a year has passed since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marriage is constitutionally guaranteed to same sex couples. At the time, Justice Anthony Kennedy wrote that gay couples have “the fundamental right to marry.” This is an especially momentous occasion […]
Read more →| Posted in Fiance Visa, Green Card, LGBT, U.S. Immigration, USCIS |
How to Determine Priority Dates Using the Visa Bulletin and USCIS website
Every month, thousands of beneficiaries of an approved I-130 or I-140 petition go to the Visa Bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html to see if their priority date is current that month. Prior to 2016, the process was pretty straightforward: 1) Check the priority date as stated on your approved I-130 or I-140 2) Check your preference category […]
Read more →| Posted in Adjustment of Status, Consular Processing, U.S. Immigration, USCIS |
Federal Court of Appeals Rules that Only the Executive Branch Can Correct an Incorrect Naturalization Certificate
The Ninth Circuit Court of Appeals recently ruled that the courts do not have the ability to help a naturalized citizen change her birthdate listed on her certificate of naturalization. In 1965, Yu-Ling Teng first came to the United States on a student visa. At this point, she held a Taiwanese passport that said she […]
Read more →| Posted in Citizenship, Green Card, Naturalization, U.S. Immigration, USCIS |
Options for Brazilians to Immigrate to the United States
As we head into summer, Brazil should be giddy with anticipation about the Rio Olympics. However, the spiraling economy, violence, and Zika outbreak has instead caused many around the world to think twice about traveling to Brazil. It has also caused many Brazilians to consider their options on moving to another country, including the United […]
Read more →| Posted in Adjustment of Status, Consular Processing, Entrepreneurs, Fiance Visa, Green Card, Investors, L-1, O-1, R-1, Students, U.S. Immigration, Visitor Visa, Work Visa |
USCIS Set to Increase Filing Fees
On May 4, 2016, USCIS issued a 60-day notice proposing an increase in filing fees for various applications. There has not been a fee increase since 2010. The schedule of proposed fees are as follows: Form I-129 (H-1B, L-1, O-1, E-2, P-1, TN, R-1): Current fee = $325 Proposed fee = $460 Form I-130 petitions for alien relatives: […]
Read more →| Posted in Adjustment of Status, Advance Parole, E-2, EAD, Employment Authorization, Entrepreneurs, Fiance Visa, Green Card, H-1B, Investors, L-1, LGBT, Models, O-1, OPT, Physical Therapists, R-1, Silicon Beach, Students, U.S. Immigration, USCIS, Work Visa |
U.S. v. Texas: Supreme Court Case Could Affect Millions of Immigrants
In April, the Supreme Court heard oral arguments in United States v. Texas, a case examining President Barack Obama’s programs deferring the deportation of millions of undocumented immigrants. In November 2014 Obama announced the creation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of the […]
Read more →| Posted in Advance Parole, DACA, EAD, Employment Authorization, Executive Action, U.S. Immigration, Work Visa |