Berardi Blog
The Berardi Immigration Law blog – find all our posts here.
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L-1 Case Summary 09.17.2018
Senior Associate Attorney Gabriella Agostinelli recently had a successful L-1A application at the border. This application was unique in that the applicant had spent almost the full time allotted in L-1A status in the United States. The L-1A visa allows applicants to remain in the United States for a full seven years. Our client presented […]Read More -
Certain AOS Applications Can Be Filed Early in the Month of October 2018
USCIS has announced that for the month of October 2018, applicants for adjustment of status in both the family-based and employment-based categories may file their I-485 applications according to the Filing Date Charts. This means that you may file your I-485 application before your priority date is current, a huge benefit for many as this […]Read More -
U.S. Plans to Pay Mexico to Deport Undocumented Immigrants
The Trump administration recently sent a notice to Congress stating that it intends to use $20 million from foreign assistance funds to help Mexico pay for the deportation of as many as 17,000 undocumented immigrants. Under this program, Mexican authorities would detain undocumented immigrants present in Mexico, provide judicial process and potentially deport them, in […]Read More -
TechConnex Tech CEO Peer Group Presentation
On Friday, September 7, 2018, Rosanna Berardi gave a presentation at the TechConnex Tech CEO Peer Group titled, Hot Topics at the U.S./Canadian Border: Working in the U.S. and Safeguarding your Cell Phone under the Trump Administration. Rosanna presented to CEOs from more than 25 technology companies in Canada. Rosanna’s presentation focused on recent changes at […]Read More -
USCIS Set to Speed Up Visa Denials
A new U.S. Citizenship and Immigration Services (USCIS) policy goes into effect today and will provide adjudicators with more discretion to deny visa applications. USCIS is no longer required to issue a Request for Evidence (RFE) or Notice of Intend to Deny (NOID) when evidence submitted at the time of filing does not establish eligibility […]Read More -
TN Case Summary 09.10.2018
On September 10, 2018, our NAFTA Paralegal Sam Tiranno met two of our clients in Fort Erie, Canada in order to prepare them to present their TN applications to Customs and Border Protection at the Peace Bridge in Buffalo. The applications were fully prepared by our Associate Attorney, Catherine Dines Kettner. One of these TN […]Read More -
Proposed Federal Regulation to Allow Detention of Undocumented Families
The Trump administration announced a newly proposed federal regulation on September 6, 2018 that would sidestep the Flores settlement. The 1997 Flores Settlement Agreement requires the government to release children from immigration detention without unnecessary delay to parents, adult relatives or licensed programs. It also requires that detained minors have a certain quality of life, […]Read More -
Things to Consider When Applying to Remove Conditions on a Marriage-based Green Card
Foreign spouses applying for a green card based on marriage to a U.S. citizen will be issued a conditional green card, valid for two years, if the couple has been married for less than two years at the time of the green card interview. Before the conditional green card expires, the couple must file Form […]Read More -
Citing Major Backlogs, USCIS Extends and Expands Suspension of H-1B Premium Processing
U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be expanding and extending the temporary suspension of H-1B premium processing. According to USCIS, these suspensions will continue until February 19, 2019. This is an effort to clear the backlog of H-1B visas in the application system. All Request for Premium Processing Service forms […]Read More -
Premium Processing Fee to Increase Beginning September 30
The Department of Homeland Security is increasing the Form I-907 premium processing fee from $1,225 to $1,410 beginning September 30, 2018. The final rule is scheduled to be published in tomorrow’s Federal Register. Applications postmarked on or after September 30, 2018 must include the new fee. Premium processing is an optional fee that allows employers […]Read More -
USCIS Explains that STEM OPT Offsite Employment is Allowed
On August 17, 2018, U.S. Citizenship and Immigration Services (USCIS) updated its website to reflect changes to the Optional Practical Training Extension for STEM Students (STEM OPT). Importantly, the Department of Homeland Security (DHS) clarified that participants of this program can participate in training experiences that take place at offsite locations. Training experiences that are […]Read More -
President Trump to Terminate NAFTA
The United States and Mexico have reached a preliminary trade agreement that is set to replace NAFTA. President Trump announced on Monday that he will be terminating the existing trade deal between the U.S., Mexico and Canada and enter into a new deal with Mexico. According to Trump, it could end up being “one of […]Read More -
Crucial Changes to Unlawful Presence Regulations
The Foreign Affairs Manual (FAM) and the Foreign Affairs Handbooks (FAHs) are the comprehensive and authoritative sources for the U.S. Department of State’s (DOS) organization structures, policies and procedures. These resources convey codified information to DOS staff and contractors, so they can carry out their duties in accordance with statutory, executive and Department mandates. Recently […]Read More -
New Policy Proposal by Trump Administration Targets Legal Immigrants
A new policy proposal is expected to be released shortly by the Trump Administration that would make the process of obtaining citizenship or green cards more difficult for applicants that have used public benefits like the Affordable Care Act (Obamacare), the Children’s Health Insurance Program (CHIP) or the Supplemental Nutrition Assistance Program (SNAP). Several news […]Read More -
L-1 Case Summary 08.14.2018
Associate Attorney Catherine Dines Kettner recently met one of our clients in Fort Erie, Canada in order to assist him in presenting his L-1A application to Customs and Border Protection at the Peace Bridge in Buffalo, New York. This was our client’s first L-1A application to CBP. After assessing the client’s eligibility for a U.S. […]Read More -
Government Delays Impact Visa Processing Times for EB-1 Green Cards
In a recent August 2018 statement, the U.S. Department of State indicated that there will be significant delays in the processing time for visas in the EB-1 category. This is the first time in recent memory that such a delay has impacted EB-1s. DOS has now reported that “limited, if any movement can be expected […]Read More -
Featured Client of the Month: Jim Armstrong
Berardi Immigration Law recently helped Jim Armstrong successfully apply for and obtain TN work authorization in order to work for a company in the United States. Jim reached out to Berardi Immigration Law following an offer of employment from Best Approach Publications, located in Arizona. Before reaching out to Berardi Immigration Law, Jim contacted several […]Read More -
Delving Into Derivative Citizenship
Derivative citizenship is the term used to describe citizenship that is obtained by someone who is under the age of 18 whose parents naturalize. Obtaining citizenship in this manner is automatic. The requirements can vary depending on which year naturalization occurred. Derivative citizenship is distinguishable from acquisition of citizenship. Acquisition of citizenship occurs when the […]Read More -
Thousands of Americans May Face Passport Denial for Unpaid Tax Debts
Americans born in the U.S. and naturalized Americans alike should take note that citizens who have significant overdue tax debt can be denied passports under a law passed by Congress in 2015. Under this law, the IRS and State Department are required to deny passports to Americans who owe more than $51,000 in overdue tax […]Read More -
AILA Policy Brief Summary on USCIS Notice to Appear Guidance Released
On July 17, 2018, AILA released “AILA Policy Brief: New USCIS Notice to Appear Guidance.” This document provides an overview of recent policy shifts regarding USCIS, as well as how this policy shift will impact immigrants in the U.S. On June 28, 2018, USCIS announced a new policy regarding the issuance of Notices to Appear […]Read More
Recent Blog Posts
- L-1 Case Summary 09.17.2018
- Certain AOS Applications Can Be Filed Early in the Month of October 2018
- U.S. Plans to Pay Mexico to Deport Undocumented Immigrants
- TechConnex Tech CEO Peer Group Presentation
- USCIS Set to Speed Up Visa Denials
- TN Case Summary 09.10.2018
- Proposed Federal Regulation to Allow Detention of Undocumented Families
- Things to Consider When Applying to Remove Conditions on a Marriage-based Green Card
- Citing Major Backlogs, USCIS Extends and Expands Suspension of H-1B Premium Processing
- Premium Processing Fee to Increase Beginning September 30
- USCIS Explains that STEM OPT Offsite Employment is Allowed
- President Trump to Terminate NAFTA
- Crucial Changes to Unlawful Presence Regulations
- New Policy Proposal by Trump Administration Targets Legal Immigrants
- L-1 Case Summary 08.14.2018
- Government Delays Impact Visa Processing Times for EB-1 Green Cards
- Featured Client of the Month: Jim Armstrong
- Delving Into Derivative Citizenship
- Thousands of Americans May Face Passport Denial for Unpaid Tax Debts
- AILA Policy Brief Summary on USCIS Notice to Appear Guidance Released
