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Category: Green Cards

  • Department of Homeland Security Proposes Changes to the Affidavit of Support Process

    On October 2, 2020, the Department of Homeland Security (DHS) published a notice of proposed rulemaking outlining suggested changes to the Affidavit of Support process. Petitioning sponsors for most family-based and some employment-based immigrants are required to file Form I-864, Affidavit of Support Under Section 213A of the INA (or it’s shorter version, I-864EZ , for […]

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  • K-1 Nonimmigrant Visas

    The K-1 nonimmigrant category, also known as the fiancé visa, is utilized by U.S. citizens who want to bring their foreign national fiancé to the U.S. to get married. The K-1 visa is available to individuals who will get married to their U.S. citizen partner within 90 days, and whose marriage will be valid, meaning […]

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  • FAQ October 2020 Visa Bulletin

    On September 24, 2020, the Department of State (DOS) released the highly-anticipated October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit their Adjustment of Status (AOS) application or have their AOS case adjudicated. The submission of an AOS application is the final step […]

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  • I-751 Conditional Residency

    Conditional green cards are issued to foreign nationals who, at the time of filing a marriage-based green card, have been married to their U.S. citizen spouse for less than two years. A conditional green card is only valid for two years.  How to Remove Conditions on Residence To remove the conditions on residence and obtain […]

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  • October 2020 Visa Bulletin Provides Significant Forward Movement for Employment-Based Adjustment of Status Applications

    On September 24, 2020, the Department of State (DOS) released the October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit his/her Adjustment of Status (AOS) application or have his/her AOS case adjudicated. The submission and adjudication of the AOS application are the final steps […]

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  • USCIS Eliminating “Bundled” Fee for Adjustment of Status Filings Effective October 2, 2020

    On July 31, 2020, USCIS announced a final rule adjusting fees for many immigration and naturalization benefits. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. This final rule will apply to all applications and petitions postmarked on or after October 2.  One […]

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  • Temporary Freeze to the Public Charge Rule

    On July 29, 2020 a federal judge for the Southern District of New York issued two rulings that put a temporary freeze on the Public Charge Rule, as implemented by the Trump Administration on February 24, 2020, while a national health emergency is in place. What is the Public Charge Rule? The Public Charge Rule […]

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  • The Difference Between EB-2 & EB-3 PERMs

    In an employment-based green card case based on a PERM labor certification, there are two possible categories: EB2 and EB3. Some of you watching might know that the difference between these two categories is significant, boiling mostly down to concerns with processing times. The EB-2 or EB-3 category impacts the timing of the applicant’s ability […]

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  • Visa Bulletin, Priority Dates, & PERMs

    In PERM green card cases, you might often hear the term “priority date.”  So what exactly is that, and how does it relate to the Visa Bulletin? Well, the number of employment-based green cards issued each year is limited to a statutory threshold. Since there are more people who apply than the number of immigrant visas […]

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  • Employee Layoffs & PERM Labor Certifications: Things to Know

    What are PERM Labor Certifications? A permanent labor certification (hereinafter “PERM” or “PERM Labor Certificate”) is issued by the Department of Labor (“DOL”) which allows a U.S. employer to hire a foreign worker to work permanently in the United States.  In most instances, the U.S. employer must submit a labor certification application to the DOL’s […]

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