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Tag: INA

  • USCIS Extends COVID-19-related Flexibilities

    U.S. Citizenship and Immigration Services (USCIS) recently announced that it is extending certain COVID-19-related flexibilities through January 24, 2023, to assist applicants, petitioners, and requestors.  Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in certain requests or notices before taking any action, if the request […]
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  • Immigration Consequences of Being Sentenced to a Conditional Discharge in New York

    What is a Conditional Discharge? Under New York Penal Law section 65.05, a conditional discharge is a sentence that a judge can impose if they believe that neither a sentence of imprisonment nor one of periodic imprisonment or probation supervision is appropriate based on the nature and circumstances of the offense and the history, character, […]
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  • Automatic Acquisition of Citizenship After Birth

    From USCIS Policy Manual (Chapter 4: Automatic Acquisition of Citizenship After Birth): The Child Citizenship Act of 2000 (CCA) amended INA 320 and removed INA 321 to create only one statutory provision and method for children in the United States to automatically acquire citizenship after birth. According to INA 320, a child born outside of […]
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  • Prevailing Wage for PERM Determination

    A key part of the PERM green card process involves obtaining a prevailing wage determination from the U.S. Department of Labor. So what exactly is this? Well, the Immigration and Nationality Act (INA) requires that the hiring of a foreign worker for a permanent position in a company will not adversely affect the wages and […]
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  • Virtual Zoom Weddings for Partners Living in Different Countries: Are They Recognized under U.S. Immigration Laws?

    In November 2020, Utah became the first state to allow virtual Zoom weddings for long-distance couples seeking to get married. This option is especially salient to cross-border couples who have been separated for the past year and a half due to the COVID-19 travel restrictions. Utah’s marriage option is considered a proxy marriage and allows […]
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  • Biden administration appeals Texas court ruling finding DACA unlawful

    On September 10, 2021, the Biden Administration appealed a Texas court ruling by U.S. District Judge Andrew Hanen that found the Deferred Action for Childhood Arrivals (DACA) program unlawful. While the Texas ruling does not automatically cancel current permits for Dreamers, it does block the government from approving all new DACA applications.  The DACA program […]
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  • DHS will continue Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

    On September 9, 2021, the Department of Homeland Security (DHS) announced there will be an automatic extension of Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Notably, the automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs), which […]
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  • U.S. & Mexico Announce Change in Visa Reciprocity Revisions for Certain Work Visas

    On April 26, 2021, the Governments of Mexico and the U.S. announced a change in the visa reciprocity standards for certain work visas for Mexican citizens and work permits for U.S. citizens. The principle of reciprocity is grounded in the Immigration and Nationality Act (INA) and requires the Department of State (DOS) to set country-specific […]
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  • Breaking News: DHS Plans to Increase H-2B Visas this Summer

    On April 20, 2021, the Department of Homeland Security (DHS) announced there will be an additional 22,000 H-2B visas available for foreign national guest workers in the upcoming months. The H-2B Temporary Non-Agricultural Worker program allows employers to hire foreign nationals to perform temporary, nonagricultural labor or services in the US. H-2B workers are often employed as […]
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  • What to do if you lost your Green Card but you’re eligible to Naturalize

    You’re approaching your fifth year as a Lawful Permanent Resident (LPR) and decide it may be time to apply for U.S. citizenship, but to your dismay, you realize your Green Card is expired, lost or stolen, or even expired and lost.  You are now wondering if you are still eligible to naturalize or if you […]
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