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Berardi Blog

The Berardi Immigration Law blog – find all our posts here.

Case Study: Don't Let Inadvertent Errors Lead to Overstay Bars

An I-94 is the Customs and Border Protection (“CBP”) form used to track a foreign individual’s U.S. arrivals and departures.  U.S. Citizenship and Immigration Services (“USCIS”) uses Form I-94 also. In most instances, Form I-94 must be completed at the time of entry to the United States by foreign citizens who are being admitted into the […]

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B-1 in Lieu of H-1B May Be Temporary Solution for Some Foreign Workers

While the H-1B cap for fiscal year 2013 has been reached, the Secretary of State has provided U.S. diplomatic and consular posts with further guidance for issuing B-1 visas in lieu of H-1B visas.  There are certain limited circumstances under which an alien who qualifies for an H-1B visa may more appropriately be classified as B-1 […]

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DHS advises "DREAMers" not currently in proceedings to wait

On June 15, 2012, the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.”  However, those NOT currently in proceedings should not affirmatively apply for Deferred Action at this time.  This means that if you are not in the process of being removed from the U.S. already, wait until DHS […]

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IMMIGRATION UPDATE – USCIS Announces FY2012 H-1B Cap Reached

USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013 – which begins October 1, 2012. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013 (October […]

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Q. and A. Obtaining a Green Card for a Child Born Abroad

Question: I am a permanent resident of the United States and gave birth to my baby while visiting abroad.  How do I obtain status for my child? Answer: There is a procedure that provides for children born abroad to apermanent resident mother in accordance with 9 FAM 42.1 N1.1 contained in the “U.S. Department of State Foreign Affairs Manual Volume […]

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USCIS Launches "ELIS" an Online Immigration System

On Tuesday, May 22nd, USCIS launched their initial release of an online electronic immigration system (“ELIS”).  ELIS is the agency’s first web-based system and was created to modernize the filing and adjudication process for certain immigration benefits. ELIS is aimed at moving away from paper-based applications and petitions as well as providing improved customer service, shorter processing times, and […]

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Myths Regarding the Adjustment of Status Process

USCIS recently addressed some common misconceptions regarding the filing and adjudication of adjustment of status applications.  Adjustment of status “converts” an applicant’s status from that of a nonimmigrant to a permanent resident or green card holder.  While online immigration forums are popular, they often provide incorrect information and can lead to confusion.  Three of the most common myths […]

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Understanding Overstay, Out-of-Status and Unlawful Presence

Individuals who will be entering the U.S. as nonimmigrants or who have already been admitted by CBP should take care that they do not become overstays, fall out-of-status or accrue unlawful presence. Once an individual is admitted to the U.S., they must maintain their lawful status.  A nonimmigrant may violate their status if they remain in […]

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Common Misconceptions Regarding Visa and Status

The terms “visa” and “status” are often used loosely and even interchangeably.  However, failure to clearly understand the differences between these words can lead to unintended immigration consequences. A nonimmigrant visa is issued to an individual and placed in their passport by an official at a U.S. Consulate or Embassy which operates under the Department of State.  Visas […]

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DHS Expands List of STEM Degree Programs

On May 11th, The Department of Homeland Security announced an expansion of science, technology, engineering and math (“STEM”) designated-degree programs that allow qualified graduates in F-1 student status to apply for an optional practical training (“OPT”) extension. The OPT program authorizes international students who graduate from colleges and universities in the U.S. to remain in the country and receive […]

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U.S. and Canada Announce Plans to Increase Benefits Under Nexus

Earlier this week, U.S. Customs and Border Protection (“CBP“) and Canada Border Services Agency (“CBSA”) announced plans to deliver on key commitments under NEXUS as part of the U.S.-Canada “Beyond The Border Action Plan.” The NEXUS program allows pre-screened travelers expedited processing by CBP and CBSA across the U.S. and Canadian border at designated air, land and […]

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Case Study: Canadian Professional Secures TN Status after Surrendering Green Card

Berardi Immigration Law was recently retained by a Canadian Consultant who wished to enter the U.S. for a temporary work assignment.  However, this individual previously resided in the U.S. as a permanent resident and had relocated to Canada some time ago without formally surrendering his green card status. Ms. Berardi analyzed the facts as well as the client’s long […]

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CBP Testing Ways to Decrease Wait Times at Border

Customs and Border Protection (CBP) is piloting a project at the International Bridge in Sault Ste. Marie designed to reduce wait times.  If successful, we can expect the procedures to be implemented at other ports-of-entries. CBP theorizes that more travelers can be processed per hour by reducing the amount of time it takes each vehicle […]

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Commuting to the U.S. as a Green Card Holder

In most cases, an individual who holds green card status in the U.S. must reside here permanently or they risk losing their status.  However, people who have been granted permanent resident status may live in Canada or Mexico even without maintaining a home in the U.S. if they commute regularly for employment in the U.S. To qualify for commuter status, […]

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How Much Does it Cost to File a Waiver Application?

If an applicant for admission to the United States has a prior criminal history or immigration violation, they may be required to obtain a waiver before they can enter the U.S.  One common question we receive is how much it will cost to file a waiver application. Currently, Customs and Border Protection (“CBP”) charges $585 […]

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