Authorized Stay? Illegal Presence? What does it all mean?

Many times an attorney may talk about “period of authorized stay” or “unlawful presence” or even “lawful status”. It is important to understand what all these terms mean and refer as the subtle differences between them can make a very big difference on whether you may have to leave the US or if you are

ALERT: New Telephone Scam displaying false USCIS Information

There is a new telephone scam whereby someone claiming to be a USCIS officer is calling people and getting personal information and credit card/bank account information.  Apparently, they are using a technique so that the called ID shown is USCIS.  Be warned, according to UCSIS if a real USCIS officer were to call you they

E-Verify: Does it work?

E-Verify is the system touted by USCIS to help stop people working who are not in the US in a legal status.  It requires employers to check social security numbers, names, etc. against the social security and USCIS database.   If the databases do not recognize someone, they will send out a flag to the

August 2013 Visa Bulletin Releases – EB2 for India move up to 2008

The Department of State has released the latest visa bulletin for August 2013. In that bulletin there have been several significant movements. First, in terms of family based applications, the F2A category – spouses and children of permanent residents, has come current. Second, the EB-2 for India has moved forward to January 1, 2008. It

USCIS and implementation of the Supreme Court DOMA decision

                                                         USCIS has issued a memo implementing the US Supreme Court’s decision in overturning DOMA (the Defense of Marriage Act).  In a statement, SecretaryNapolitano stated: After last week’s

July Demand Data for EB2 and EB3 cut-off dates

The Department of State has once again released the demand data used to determine the July cut-off dates for the EB-2 and Eb-3 category. It is important to note that there are additional cases outside of these numbers that have not been counted (those who have already filed an I-485, for instance, are not included.

July Visa Bulletin Released: India 2nd Preference may Progress In the Coming Months

The Department of State recently released the July visa bulletin. While forward movement for the coming month was small or non-existent (1st preference remains current for all countries, 2nd preference is current for all but India (Sept. 1, 2004) and China (August 8, 2008), 3rd preference is at January 1, 2009 for all countries except

Immigration and the Economy: Myths and Facts

Below is a link to an article from the Immigration Policy Center of the American Immigration Council which goes through many of the myths about Immigration and the economy and explains why they are incorrect. For the most part, immigration actually helps our economy, does not depress wages, and actually stimulates growth of the economy

Big Case for TPS holders decided in 6th Circuit

Just the other day the 6th Circuit Court of appeals overturned the denial of an Adjustment of Status application filed on behalf of a TPS holder. The TPS recipient had entered the US illegally, but had a US Citizen wife. The couple filed an I-130 (family based petition) and I-485 (application to adjust status). While

USCIS begins returning H-1B applications not Selected in Lottery

USCIS has begun returning H-1B application for cases that were not lucky enough to be picked for the random audit. If you do not recall, USCIS received more application in the first week of H-1B availability than it had visas for. Therefore, USCIS pooled all applications received during the first 5 business days and conducted