Reuben S. Seguritan

May a Derivative Beneficiary Adjust under Section 245(i)?

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An alien who is out of status, worked without authorization, or who entered the U.S. without inspection or as a crewman, is generally ineligible to adjust status. However, the alien may still obtain approval of his I-485 adjustment of status application if he can benefit from Section 245(i) of the Immigration and Nationality Act (INA).

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Adjustment of Status May Be Filed Before Priority Date Is Current

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As part of the Obama administration’s efforts in modernizing our immigration system, the Department of State (DOS) has changed the procedure in determining visa availability for both the employment-based and family-based preference petitions.

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Residence and Physical Presence Requirements for Naturalization

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Basic residence and physical presence requirements must be met in order to qualify for naturalization. The noncitizen applicant must be a lawful permanent resident (LPR). However, certain non-residents who served in the U.S. military are an exception and may qualify for U.S. citizenship.

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When Retroactive Adoption Is Valid for Immigration Purposes

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There are several ways to bring an adopted child to the U.S.

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Proving Good Faith Marriage

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A U.S. citizen may sponsor his alien spouse for a green card by filing Form I-130 petition with the United States Citizenship and Immigration Services or USCIS. Since the spouse of a U.S. citizen is considered an “immediate relative” for immigration purposes, a visa number is immediately available.

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False Claim to Citizenship Bars Adjustment of Status

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Non-citizens must remember not to make any false U.S. citizenship claims for any purpose, whether to obtain a visa, enter the United States, find employment, apply for public benefits, to register for or vote in an election. A false U.S. citizenship claim carries with it serious consequences.

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Lawsuit Filed To Strike Down Revised Visa Bulletin

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The release of the revised October 2015 Visa Bulletin on September 25, 2015 has incensed and infuriated thousands of immigrants expecting to benefit from the original October Visa Bulletin issued on September 9, 2015. The changes in the revised Visa Bulletin effectively excluded them from the immigration relief they stood to benefit under the original October Visa Bulletin.

Read more: Lawsuit Filed To Strike Down Revised Visa Bulletin

STEM OPT Extension for Foreign Students Invalidated

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F-1 visa holders who are graduates of U.S. universities can receive work authorization under the Optional Practical Training (OPT) program for a limited period of 12 months after having been enrolled in their academic program for one full academic year. A student can have 12 months of OPT each for the bachelor’s, master’s, and doctoral levels.

Read more: STEM OPT Extension for Foreign Students Invalidated

Parents’ Divorce Does Not Bar Step-parent Petition

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A U.S. citizen may file an immigrant petition with the United States Citizenship and Immigration Services (USCIS) for his alien parents to immigrate to the U.S.  Parents, just like the spouse and the unmarried children under 21 of a U.S. citizen, are considered immediate relatives and need not wait for an immigrant visa number to become available once the I-130 petition is approved.

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Applicants may Benefit from CSPA despite Late Filing

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The Child Status Protection Act (CSPA) grants relief to certain children of U.S. citizens and lawful permanent residents who would have lost the privilege of getting a green card simply for turning 21 years old. It allows a child who has aged out or turned 21 to still be considered a “child” for immigration benefits purposes.

Read more: Applicants may Benefit from CSPA despite Late Filing

The Filipino Express

2711 John F. Kennedy Boulevard
Jersey City, NJ 07306 USA.

Phone: 201 434-1114
Fax: 201 434-0880

www.filipinoexpress.com
E-mail: Filexpress@aol.com

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