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As the chances of passing an immigration reform bill in Congress grow slimmer, President Obama faces mounting pressure from Democrats and immigrant right advocates to exercise his executive authority.
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Those granted Deferred Action for Childhood Arrivals (DACA) from June 15, 2012 through August 15, 2012 are reminded to apply for renewal with the USCIS.
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Every fiscal year a limited number of immigrant visas are made available for each preference category. If the visa demand for a particular category is excessive and could not be satisfied by the number of visas allotted each year, the category is oversubscribed.
Read more: Retaining Priority Date in Multiple I-140 Petitions
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The demand for cap-subject H-1B numbers for fiscal year 2015 which begins on October 1, 2014 is expected to be greater than last year. Employers planning to file cap-subject H-1B petitions for foreign workers in specialty occupations are advised to initiate the H-1B petition process as early as possible.
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The K-1 nonimmigrant visa allows the foreign fiancé(e) of a U.S. citizen a single entry into the United States for the sole purpose of marrying the K-1 petitioner. The marriage must take place within 90 days after entry. In the event the marriage does not take place within the 90-day period, the K-1 visa holder shall be required to depart the U.S.
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Is it still possible for the beneficiary to get a green card even if petitioner dies? Before Section 204(l) of Immigration and Nationality Act was enacted by Congress, the death of the petitioner automatically revoked the petition save for two instances.
Read more: Green Card Is Possible Despite Petitioner’s Death
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The number of H-1B cap filings for fiscal year 2015 during the first five business days of the filing season (April 1-7) is expected to exceed the annual quota of 65,000 for foreign workers in specialty occupations and the 20,000 allotted for graduates with advanced degrees from the U.S.
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An alien who entered the U.S. without inspection, worked without authorization or overstayed a temporary visa is generally not eligible to adjust status to that of a lawful permanent resident. Congress passed a law in 1994 which allowed aliens, who were otherwise ineligible, to adjust their status in the United States.
Read more: Adjustment of Status of 245(i) Derivative Beneficiary
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President Barack Obama announced last week that deportation policies will be reviewed to make sure that enforcement is done “more humanely”. He asked Secretary of Homeland Security Jeh Johnson to conduct the review.
Read more: Enforcement Policies Under Review to Ease Deportations
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When may a child born outside of the U.S. of alien parents acquire automatic citizenship? The Child Citizenship Act, embodied in Section 320 of the Immigration and Nationality Act (INA) provides that a child automatically becomes a U.S. citizen if all of the following conditions are met: the child has at least one parent, including an adoptive parent who is a U.S. citizen by birth or naturalization, the child is under 18, is residing in the U.S. pursuant to a lawful admission of permanent residence and is in the legal and physical custody of the U.S. citizen parent.
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