Reuben S. Seguritan

Adjustment of Status of Fiancé(e) After Divorce

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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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Green Card Is Possible Despite Petitioner’s Death

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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.

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Filing Pointers for FY 2015 H-1B Cap Petitions

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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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Adjustment of Status of 245(i) Derivative Beneficiary

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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.

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Enforcement Policies Under Review to Ease Deportations

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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. 

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Automatic Citizenship After Birth

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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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Time for Some DACA Recipients to Renew

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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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Employment Authorization for Abuse Victims

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Under the Violence against Women Act (VAWA), battered spouses, children and parents of U.S. citizens and permanent residents may file an immigrant visa petition for themselves. The law allows them to self-petition for immigration benefits in order to seek safety and independence from the abuse.

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Prepare H-1B Petitions Now

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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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Risk of Prolonged Travel Abroad

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Permanent resident status is a privilege that may be lost and/or revoked if not maintained and preserved.

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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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