purpose is to bring you the latest and most relevant immigration news.
Immigration law is in constant flux, and laws are constantly being
revised. Congress is about to change immigration in a drastic manner.
Check out our Newsletter and Blog page to stay on the cutting edge of
current immigration news.
Gus M. Shihab, Esq.
We are excited to launch this month's issue with a brand new format including several new contributors and features. Contact us
if you need more information about the topics we cover or about any area of immigration law.
David P. Dentinger, Esq.
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| Effects of Mergers and Reorganizations on Green Card Applications|
in the global market place, the recovering economy in the United States
and the continued rise of emerging markets are giving rise to mergers,
acquisitions and business restructuring at an increased pace. These
types of transitions can often affect employment based applications for
permanent resident status. It must be determined whether there will be a
change in ownership of an employer, or whether the target employer will
cease to be an employer. Successorship-in-interest
is important because if the new company is determined to be the
successor of the old company, many green card applications will not need
to be re-started.
who are in the final stages of the green card process may be able to
file what is called an AC-21 letter with the USCIS. If an employee has
filed a green card application (Form I-485) that has been pending at the
USCIS for over six months, and the employee will have a similar job and
duties, the employee may be permitted to "port" an old green card
application to a new employer. Read more here...
Contributed by Matthew M. Nierman, Esq.
Foreign Entrepreneurs: You May Have
Several Immigration Visa Pathways
entrepreneurs who are interested in coming to the United States to
start up a business may have several immigration pathways to choose
from. There is a wide range of visas available that allow for either
temporary or permanent immigration visa status, which may be available
depending upon the specific circumstances of each case. These are broken
down into two major categories: nonimmigrant visas and immigrant visas.
Nonimmigrant visas allow for temporary stay in the US, while immigrant
visas allow for permanent residence and can lead to US citizenship after
five years. Often, a foreign national can begin in a nonimmigrant visa
category, and then later adjust status to an immigrant visa category.
you are a foreign national and an entrepreneur interested in starting a
business in the US utilizing any of the above immigration visa
pathways, a competent and experienced immigration attorney can plan a
strategy for you based on your specific circumstances and goals.
Contributed by David P. Dentinger, Esq.
| Good News for Those|
Seeking Provisional Waivers
of six weeks ago, the National Benefits Center (NBC) has suspended
adjudication of Provisional Waivers where there is a "reason to believe"
that the applicant is inadmissible for any reason other than unlawful
presence. This is good news because adjudicators were denying all
applications where the applicant had any type of criminal conviction,
but all criminal convictions do not make someone inadmissible. Almost
50% of all denials were based on reason to believe. A new policy is in
the works to ensure that Provisional Waiver petitions are given a fair
review. Currently, the provisional waiver approval rate is at 59% and
the NBC is hopeful that once the process is streamlined the approval
rate will increase significantly.
NBC also announced that the processing time for provisional waiver
applications is between 90-103 days, a relatively quick turnaround. The
provisional waiver process should proceed normally for those who have
never been convicted of a crime and can show extreme hardship to a U.S.
citizen spouse or parent.Read more here...
Contributed by Barbara M. Fernandez, Esq.
| Medical Exception to Language and Civics Requirements for Naturalization|
you believe that you are eligible for naturalization but are unable to
complete the English and civics requirements due to a physical or
developmental disability or mental impairment that has lasted, or is
expected to last, 12 months or more? If yes, you may be eligible for a
Medical Certification Exception. The Medical Exception should be filed
with your application for naturalization.
medical doctors, doctors of osteopathy, and clinical psychologists
licensed to practice in the United States, may certify the form. A
disability or impairment that is the direct result of illegal drug use
cannot be used to receive a medical exception. If you claim to be
illiterate, the medical exception is only available if your illiteracy
was caused by a medical or developmental disability or impairment.
doctor must complete the Medical Exemption very specifically in order
for USCIS to accept the exception and grant you a waiver of the English
and civics requirements. If you have any questions regarding the Medical
Exemption, The Law Firm of Shihab & Associates has an experienced
staff that would like to help you and your family members become United
Contributed by Matthew D. Minor, Esq.
| The Fall of the House of Boehner:|
Has Comprehensive Immigration Reform Been Buried Alive?After
the Senate successfully passed the bipartisan Senate bill, S.744 in
June, it seems the Republican-led House of Representatives via Speaker
John Boehner (R-OH), has buried Comprehensive Immigration Reform (CIR)
alive, covering it with the ominous budgetary catastrophe and subsequent
government shutdown. Cataleptically focusing on immigration reform, the House has passed five piecemeal bills since June:
- The Agricultural Guestworker Act (the "AG Act");
- The Strengthen and Fortify Enforcement Act (the "SAFE Act);
- The Legal Workforce Act;
- The Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visa Act (the "SKILLS Act"); and
- The Border Security Results Act of 2013.
the spirit of October, the House Democrats announced the resurrection
of CIR by introducing H.R. 15, the Border Security, Economic
Opportunity, and Immigration Modernization Act. H.R. 15 is modeled
after S.744, trading the zealous Corker-Hoeven border-surge amendment
for the more bipartisan Border Security Results Act of 2013. Read more here...
Contributed by Brittany S. Stenger, J.D.
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