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Berardi Blog

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

  • Black Friday Update – What is the economic value of allowing immigration to the U.S.?

    In case you haven’t heard – Black Friday is quickly approaching!  If you are like many others, you already have your calculator out figuring just how much you are going to spend this holiday season.  This got us thinking about “value” – not just in the “what would you pay for something” context but in […]
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  • H-1B Compliance Counts – Be Informed!

    With the federal government’s fiscal year starting October 1, many employers have now brought their new H-1B workers into the corporate fold.  However, are you as informed as you should be regarding H-1B compliance issues?  Here are some common “Facts and Fictions” that you should be aware of: Once I hire my foreign national employee, […]
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  • How do arrests, convictions or cautions impact U.S. visa eligibility?

    When preparing for your U.S. visa interview abroad, there are a number of key questions that you should ask yourself well in advance of your anticipated interview date.  Arrests, convictions or cautions impact U.S. visa eligibility: Have you ever been arrested, convicted, or cautioned for a crime anywhere in the world, including drunk driving or […]
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  • Humanitarian Parole may be available when in urgent need to enter the U.S.

    This month, Attorney Jennifer Behm assisted a client with a Humanitarian Parole request.  Humanitarian Parole enables an otherwise inadmissible individual to enter the U.S. temporarily due to a compelling emergency.  In this case, our client was a Canadian citizen who had a minor son with an extremely rare medical condition.  His son had a crucial […]
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  • Reentry to U.S. with an expired visa is possible in certain circumstances

    Customs and Border Protection (“CBP”) will allow reentry to the U.S. with an expired visa if certain conditions are met.  This provision is often referred to as the “contiguous country rule.”  For this blog post to make sense, it’s important for the reader to understand the difference between a couple of key immigration terms including […]
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  • Avoiding Erroneous Overstay Violations

    Now that Customs and Border Protection (“CBP”) has fully implemented its program to automate Form I-94 at all air and sea ports-of-entry, travelers are finding that a few issues have arisen.  One of the main concerns is that the system is set up in such a way that an overstay violation may be triggered inadvertently, but […]
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  • Understanding Form I-129 Export Control Compliance Section

    If you are an employer who has previously filed an Application for Nonimmigrant Worker, on behalf of a foreign national you wished to employ in H-1, L-1 or O-1A status, you have probably struggled with how to respond to the dreaded Form I-129 Export Control Compliance section of that form. Part 6 of Form I-129 […]
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  • The Government Shutdown Continues – Day 2

      Day 2 of the U.S. government shutdown continues and some areas impacting immigration processes are feeling its effects, while others continue with business as usual. USCIS Since most of U.S. Citizenship and Immigration Services is funded through user fees, all USCIS offices worldwide are open and individuals should report to interviews and appointments as scheduled. […]
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  • Government Shutdown Impacts on Immigration

    The anticipated, some would say inevitable, government shutdown that has loomed over the U.S. in recent days is now a reality.  While the list of those effected by the shutdown is broad, wide and deep, U.S. Embassies and Consulates abroad are largely reporting “business as usual.”   In a September 30, 2013 statement,U.S. Ambassador to […]
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  • How will a government shutdown impact immigration to the U.S.?

    On October 1, 2013, absent Congress passing a resolution to continue appropriations provided under the Consolidated and Further Continuing Appropriations Act, all but “essential” government workers will be furloughed and not allowed to work. So how will a government shutdown impact immigration to the U.S.? While there is still enough time for Congress to prevent a […]
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  • How do fiancés, elderly parents, cohabitating partners, and other household members obtain their own status in the U.S.?

    When a foreign national is granted nonimmigrant work authorization in the U.S. (L-1, H-1B, O-1, TN, F-1, etc.), they must often relocate to the U.S. for an extended period of time. Understandably, they wish to bring their family members.  If you are the spouse or child of that principal nonimmigrant worker, there is usually no […]
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  • Back to school…F-1 Fact or Fiction

    As the new academic school years begins, Berardi Immigration Law reviews the basic elements of the F-1 nonimmigrant status. Statement #1: I’m a foreign national, I can apply to any university in the U.S. and obtain F-1 status. FICTION. In order to qualify for F-1 status you need to enter as a full-time student at an […]
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  • How to protect your green card status – Must Read for Green Card Holders!

    If you are a lawful permanent resident (LPR or green card holder) who spends over 183 days abroad, this article is for you!  You should take steps to protect your green card status. What is a reentry permit? A reentry permit is a travel document that a LPR shows when they enter the U.S.  It […]
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  • DS-260 Form to be Required for all Consular Processing Immigrant Visa Applicants

    Beginning on September 3, 2013 the Department of State (DOS) will transition to an online Immigrant Visa application instead of filing the paper forms.  The Immigrant Visa application is the process by which a foreign national obtains his or her green card while outside the U.S.  The immigrant visa applicant will submit Form DS-260 (Application […]
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  • Don't Rely on USCIS Processing Times

    Many individuals face tight deadlines when applying for immigration benefits such as status in a nonimmigrant visa category.  While USCIS does post processing times on their website, we remind clients, “Don’t rely on USCIS processing times.”  The times that USCIS posts are intended to provide a general guideline for how long it may take for […]
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  • USCIS warns of new "Caller ID Spoofing" Scam

    USCIS has become aware of a new scam targeting USCIS applicants and petitioners.  “Caller ID Spoofing” is a technique in which  scammers can make a misleading or inaccurate phone number show up on a recipient’s caller ID display.  Posing as a USCIS official, the scammer then attempts to collect an individual’s personal information such as […]
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  • Presenting your TN application at the border

    Have you received a great job offer, had your new employer provide you with an offer letter and instructed you to “go to the border” to present a TN application?  Our Managing Partner, Rosanna Berardi, offers some insight on the process and why you should consider using an experienced Immigration Attorney to assist you. http://youtu.be/OmxRf32jUY4 […]
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  • BIL Busy at the Border Helping Individuals Work in the U.S.

    The summer months have been a busy time at the border for Berardi Immigration Law.  Managing Partner Rosanna Berardi, Associate Attorney Jennifer Early, and our NAFTA Paralegal, Sam Tiranno, have appeared several times each week with our clients to present applications for foreign employees to work in the U.S.  Some of our recent cases include […]
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  • Entry guidance for same-sex couples at U.S. ports of entry

    As reported last month, the Supreme Court has struck down the Defense of Marriage Act (DOMA). DOMA is no longer an impediment in recognizing same-sex couples under the Immigration and Nationality Act (INA), so long as the marriage is valid under the laws of the state where it was celebrated.  While other immigration agencies, like […]
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  • NEXUS Mid-Year Report

    Niagara Region’s Mid-Year NEXUS Traffic Report According to mid-year border traffic data compiled between January and June 2013, overall NEXUS trips in the Niagara region have risen by 11% from last year’s first-half mark of 675,000 to 750,000 total crossings. NEXUS usage at the Peace Bridge between Buffalo and Ft. Erie grew to over 360,000 […]
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