Berardi Blog

United States Customs and Border Protection (CBP) has officially implemented its program to automate Form I-94 at all air and sea ports of entry.  The I-94 card has historically been used to document the arrival and departure of foreign citizens who are being admitted into the U.S. with a nonimmigrant visa status at time of […]

Beginning August 1, 2013, immigrant visa availability for F-2A category of family based petitions will be “current.”  This means that visas for spouses and minor children of green card holders will be available immediately.  Historically, sponsors who are U.S. green card holders have waited years to be able to bring qualifying family members to the […]

Paraphrased from AILA LGBT Working Group July 15, 2013 The deadline for submitting an Application to Register Permanent Residence or Adjust Status (I-485) for winners of the 2013 Diversity Visa (DV) lottery is fast approaching; an adjustment of status application must be approved or immigrant visa issued by September 30, 2013. With the decision of […]

If you are in the United States and not a U.S. citizen then you are required to file a change of address using Form AR-11 within 10 days of moving.  Excluded from this requirement are: Dipolmats (A visas) Official government representatives to an international organization (G visas), and Certain nonimmigrants who do not possess a visa […]

Marriage to a U.S. citizen is one of the quickest and easiest paths to becoming a green card holder.  Understanding how “marriage” is defined by USCIS is important if you wish to become a permanent resident through marriage.  Read on to see how USCIS goes about defining marriage under immigration law: What is a bona […]

The U.S. Embassy in London is transitioning to a new web-based visa information and appointment service beginning in August.  The new service will replace the operator-assisted service that is currently in use and will be available 24 hours a day, 7 days a week to make scheduling a visa appointment more convenient. t in London […]

Every month U.S. Citizenship and Immigration Services provides a visa bulletin indicating the availability of immigrant numbers during that specific month.  Since each visa category has a numerical limitation, this bulletin provides Consular officers the priority date for the qualified applicants.   Only applicants who have a priority date earlier than the cut-off date may be allotted […]

In a 5-4 decision, the Supreme Court has struck down the 1996 Defense of Marriage Act which blocked federal recognition of same-sex marriages.  In writing the decision, Justice Anthony Kennedy characterized DOMA as promoting, “deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  So how does this affect immigration for […]

A recent warning published by the U.S. Department of State urged U.S. citizens to be aware of internet dating and romance scams directed towards them. Scammers will fake friendships, profess romantic interest, or express marriage intentions over the internet in order to steal money or get a marriage based green card. We represent many couples […]

The American Immigration Lawyers Association has posted the following video in “question and answer” format with AILA President Laura Lichter.  Ms. Lichter appears optimistic that the recent overturning of the Defense of Marriage Act (“DOMA”) will open pathways for temporary and permanent immigration options of same-sex couples already in, or coming to, the U.S.  

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Supreme Court strikes down DOMA – how does this affect immigration and same-sex couples? In a 5-4 decision, the Supreme Court has struck down the 1996 Defense of Marriage Act which blocked federal recognition of same-sex marriages.  In writing the decision, Justice Anthony Kennedy characterized DOMA as promoting, “deprivation of the equal liberty of persons […]

While there are a number of countries that provide legal protections to LGBT travelers, others do not.  Additionally, there are countries that even criminalize consensual same-sex relationships.  Individuals convicted under these laws face harsh penalties.  Before choosing an international travel destination, LGBT travelers should be aware of local laws and biases at international destinations, and […]

Beginning July 1, 2013, Canada will start issuing electronic passports that will contain an electronic chip embedded in the back cover.  The chip will store the passport holder’s personal information for increased security.  The new ePassport will also be expanded to 36 pages that will benefit frequent travelers. The new fee schedule for Canadian passports […]

When you are petitioning for your foreign national family member, one of the requirements you must prove to the government is that your family member will not become a public charge after admission into the U.S.  This means that once granted permanent resident status, your foreign national family member will not need public assistance.  This […]

For fiscal year 2012 (October 1, 2011 – September 30, 2012) the Department of State issued in excess of 8.9 million nonimmigrant visas. A nonimmigrant visa appointment and interview is needed for most individuals seeking to obtain a nonimmigrant visa for entry to the U.S.  Nonimmigrant visas are issued to foreign citizens who visit the […]

Berardi Immigration Law represents many employees and individuals regarding the H-1B visa category.  Today, we will focus on some of the most common questions we are asked: Statement #1: I’m currently in H-1B status, this means I can change employers and start working for them immediately. FACT. If you are in current valid H-1B status, you can […]

Several weeks ago, U.S. Customs and Border Protection (CBP) announced that they were moving away from paper I-94 cards to electronic records for travelers entering by air or sea. You can read about it by clicking here. Beginning April 30, CBP began phasing out the I-94 paper form at various ports-of-entry to the U.S.  Under […]

The Department of Homeland Security (DHS) and Customs and Border Protection (CBP) recently released an updated notice regarding the Beyond the Border (BTB) Entry/Exit Program with Canada. The BTB program was created to expand CBP’s mission of protecting the U.S. borders while facilitating legitimate travel and trade.   The BTB program is divided into three phases: […]

Our Associate Attorney, Jennifer Early, met with two clients at the Peace Bridge yesterday to present their applications for U.S. work permits to Customs & Border Protection.  Both were quickly approved without issue.  Our immigration lawyers are at the U.S./Canadian border multiple times per week presenting TN and L-1A Visa applications. Our first client applied […]