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Tag: INA

  • Naturalization Based on Marriage to a U.S. Citizen

    Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident (“LPR”) after meeting certain requirements established by Congress in the Immigration and Nationality Act (“INA”). The most common path to U.S. citizenship through naturalization is being an LPR for at least five years. However, there is a special provision in […]

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  • Breakdown of Biden’s Immigration Bill to Congress

    Biden’s comprehensive immigration bill—known as the U.S. Citizenship Act of 2021—was formally introduced in the House on February 18, 2021, by Representative Linda Sanchez (D-Calif) and in the Senate on February 22, 2021, by Senator Bob Menendez (D-N.J.). The bill calls for broad immigration reform, including an eight-year pathway to citizenship for 11 million undocumented […]

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  • President Trump Extends Immigrant & Nonimmigrant Visa Bans to March 31

    On December 31, 2020, the Trump Administration issued a presidential proclamation, Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, extending the ban of entry for certain nonimmigrant and immigrant visas as provided for in the April 22, 2020 and June 22, 2020 proclamations.   President Trump’s […]

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  • DHS Extends Form I-9 Flexibility an Additional 30 Days

    On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension of the flexibility related to Form I-9, Employment Eligibility Verification, compliance.  Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers are […]

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  • USCIS Announces Extension of Temporary Protected Status for Six Countries

    On December 7, 2020, the Department of Homeland Security (DHS) issued a Federal Register notice extending 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. TPS-related documentation includes Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record.  […]

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  • DOJ Sues Facebook for Skewing its Hiring Process in Favor of Foreign Workers

    On December 3, 2020, the U.S. Department of Justice (DOJ) sued Facebook alleging its hiring process favors temporary visa holders over U.S. workers in violation of the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The INA makes it illegal for employers to discriminate against U.S. citizens and nationals, asylees, refugees, and certain lawful […]

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  • Department of Homeland Security Proposes Changes to the Affidavit of Support Process

    On October 2, 2020, the Department of Homeland Security (DHS) published a notice of proposed rulemaking outlining suggested changes to the Affidavit of Support process. Petitioning sponsors for most family-based and some employment-based immigrants are required to file Form I-864, Affidavit of Support Under Section 213A of the INA (or it’s shorter version, I-864EZ , for […]

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  • FAQ October 2020 Visa Bulletin

    On September 24, 2020, the Department of State (DOS) released the highly-anticipated October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit their Adjustment of Status (AOS) application or have their AOS case adjudicated. The submission of an AOS application is the final step […]

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  • USCIS Implements New Law Regarding Citizenship for Children of Military Members & U.S. Government Employees Stationed Overseas

    Last week, USCIS updated policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA) to comply with the requirements of the recently enacted Citizenship for Children of Military Members and Civil Servants Act.  Under the new law, a child born outside of the U.S. acquires automatic citizenship under INA 320, […]

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  • USCIS Updates Guidelines for Naturalization Requirement of Good Moral Character

    The Immigration and Nationality Act (INA) requires naturalization applicants to demonstrate good moral character (GMC). Some offenses, such as murder and aggravated felony, can permanently bar applicants from establishing GMC. Lesser offenses can conditionally bar applicants from proving GMC, requiring them to wait until they have established the statutory period without an offense to reapply […]

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