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Category Archive
Visas
11 - 19 of 19
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Proposed rules ease burden for extreme hardship waivers

The USCIS just published proposed rules and policy guidance that could make it easier for non-immigrants to qualify for extreme hardship waivers. Under several immigration provisions, non-immigrants who would otherwise be required to leave the US and would not be able to get a green card can get a waiver because of extreme hardship. However, Read More

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Do’s and don’ts for business visitors to the US

I have to go to the US for a business trip. What can I do and not do while I am in the US? It’s very important to understand the dos and don’ts of business visits to the US. We regularly get calls from multinational companies who have sent employees to the US for business Read More

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Immigrant Investor Program in Danger?

The Immigrant Investor Program, also known as EB-5, is set to expire on September 30th as Congress continues to debate its merits. The EB-5 program enables foreigners to obtain legal permanent residency in the US through investment in a new commercial enterprise. Although the program brings almost $2 billion into the US annually, it has Read More

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USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

For those waiting to file for an I-495 adjustment of status and get a green card, newly revised procedures will provide much needed information for determining visa availability. The new rules implement the White House’s initiatives to modernize and streamline the immigration process. The I-495 adjustment of status process allows eligible individuals already in the United Read More

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I-601A waivers for Undocumented Immigrants

Proposed rule expands I-601A waivers for undocumented immigrants Certain family members of US citizens and permanent legal residents are getting some relief in the latest proposed rule from the DHS. Under current law, undocumented spouses and children of US citizens and lawful permanent residents who are in the US unlawfully can’t get a green card Read More

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Expanded Work Authorization for Spouses of H-1B Visa Holders

New rules to benefit the families of H-1B visa holders went into effect on May 26,, 2015. The Department of Homeland Security (“DHS”) granted certain spouses with H-4 visas the ability to seek employment authorization so they could work in the US. The purpose behind the new regulation is to help the US attract and Read More

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VAWA: Protection for immigrant victims of domestic abuse

Undocumented immigrants are frequently victims of crime and often feel they must keep silent because of their illegal status or worse yet may be overtly threatened with deportation by those victimizing them. However, as we discussed in our prior blog post, U.S. law provides protection and potential benefit to immigrants who become victims in these Read More

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How the U Visa May Help Immigrant Victims of a Crime

Too often immigrants are victimized by crime, sometimes without even realizing a crime has occurred. Exploitation, fraud, extortion and other crimes go unreported and undetected in our immigrant communities because immigrants are often fearful of ending up in trouble themselves if they turn to the authorities for help. But the U Visa program, which has Read More

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Immigration Process in the U.S.

Immigration law has always been complex, but it is becoming even more complicated as Congress and executive agencies add new layers of statutes and regulations. At Pollack, Pollack, Isaac & DeCicco, LLP, our New York immigration lawyers stay abreast of every development in immigration law, and we have the knowledge and experience to handle the Read More

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11 - 19 of 19
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Immigration News from ILW.COM
FAQs
  • Q: My employer wants to sponsor me to get a green card – can they?

    If you entered the United States without visa and are working here without legal documentation, your employer may be able to help you. But it’s important to understand that just because your employer wants to help doesn’t mean you will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including your prior history (and your family’s prior history) in the United States. So it’s good that your employer wants to help but the first step is to call us for an interview so we can understand more about your situation.

  • Q: How can I get a work permit?

    A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, you need a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get you a work permit, but you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit you have to make an application for legal status in this country on some other basis. Don’t believe any other lawyer or person who tells you it’s an easy thing to get a work permit. Call us for an interview and we can explain to you how the process and immigration laws in the United States really work.

  • Q:  Can I apply for deferred action now?

    As a result of the injunction issued by the District Court in Texas, applications for the expanded DACA program and DAPA are currently on hold. The Department of Homeland Security is not currently accepting requests for the expansion of DACA, as originally planned. Until further notice, it has suspended the plan to accept requests for DAPA.

  • Q: Does the new executive order or court injunction change Deferred Action protection under existing DACA?

    The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. This ruling only delays the start of DAPA and the expansion of DACA.

  • Q:  Who can I contact for more help or information?

    It’s important that you speak with a qualified attorney who can explain all the options and issues relating to your immigration status.  Do not take advice about your immigration case from a notary public or an immigration consultant.  The U.S. immigration laws and rules are very complicated and many people take advantage of undocumented immigrants, making promises and charging money without providing honest advice.  Contact only a qualified immigration lawyer for legal advice about your case. If you encounter 'notarios' who offer legal advice without a license, report it.

  • Q; What should I do now?

    You can begin preparing now! Even though DHS is not currently accepting applications under DAPA or the expanded DACA programs, individuals who are potentially eligible for Deferred Action status should begin preparing their applications now. It is very likely that the Texas decision will be overturned and there will probably be a rush of applicants when that happens. Individuals should be ready with their applications and start now by gathering the necessary documentation and seeking good counsel to give themselves the best chance for success and to avoid potential problems.

  • Q: I haven’t seen my mother since I came to the U.S. 10 years ago. Can I apply for a visa so she can join me here?

    If you are a U.S. citizen or have a Green Card, then yes, you can apply for a visa for your family members. But the process can take a long of time, depending on your own status. If you’re a U.S. citizen, it might take 8 months to a year to process the application. The waiting time will be much longer if you’re a Green Card holder. Generally, the sooner you start the process the better, so contact one of our attorneys now to get started or browse our site to learn more about the different types of visas available for family members.

  • Q: My grandma is sick back home – can I go visit her?

    Whether you can travel abroad depends on your immigration status. If you have been granted DACA or if you have a Green Card in hand – you still must ask for advanced permission in order to leave the country. This is called advanced parole. Obtaining advance parole is relatively inexpensive. But it is not without risk, because there is really no way to guarantee that you will be able to return. Your return is ultimately within the discretion of the authorities at the point of your reentry to the U.S.

  • Q: Can our company sponsor an employee to get a green card?

    If one of your employees entered the United States without visa and is working here without legal documentation, you may be able to help this person obtain legal immigration status. This doesn’t necessarily mean they will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including a person’s prior history (and their family’s prior history) in the United States. It’s definitely helpful to their case if you, as their employer, are willing to help, but the first step is to have the employee call us for an interview so we can understand more about their situation.

  • Q: What is a work permit?

    A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, an employee needs a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get undocumented immigrants work permit. But you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit a person must make an application for legal status in this country on some other basis. So don’t let your employees get gulled into believing that it’s easy to get a work permit by some lawyer or hustler on the street corner. Call us for an interview and so we can explain to your employees how the process and the immigration laws in the United States really work.

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