Automatic Extension for Certain Employment Authorization Categories

On January 17, 2017, the Department of Homeland Security (DHS) implemented significant changes to the renewal process for employment authorization documents (EAD) through the “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” final rule. One of the most significant changes is the elimination of the 90-day adjudication requirement for employment authorization applications. Current EAD holders should be mindful of these recent changes to avoid gaps in EAD validity, which would affect employability, and ensure to renew their EADs with sufficient time.

New Rule for Expanded Provisional Waiver

Homeland Security has published a new rule, effective August 29, 2016, that will expand the availability of the provisional waiver for unlawful presence.

What is unlawful presence and the provisional waiver?

The provisional waiver serves to excuse periods of “unlawful presence” in the U.S. “Unlawful presence” generally refers to presence in the U.S. without authorization. A person who enters the U.S. without inspection, i.e. without a valid visa and inspection at the border, starts accruing “unlawful presence” upon entry. If that person accrues more than 180 days of “unlawful presence”, but less than one year, she becomes subject to a 3 year bar to readmission to the U.S. The bar increases to 10 years if the period of “unlawful presence” reaches a year or more.

The Shameful Deportation of U.S. Veterans – A Call to Action

Imagine growing up in America and loving your country so much that you voluntarily enlist in the military. Imagine bravely serving the United Sates military in Afghanistan or Iraq. Imagine facing death daily to keep your country and your fellow countrymen safe. Imagine returning home with physical and mental injuries that will mark your life forever. Now imagine that your government, after your sacrifice, deports you.

OBAMA’S EXECUTIVE ACTION RESOLUTION EXPECTED THIS YEAR

This week the Supreme Court announced that it would hear and decide the case filed by Texas and additional states to block President Obama’s November 2014 executive action establishing Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanding the Deferred Action for Childhood Arrivals (DACA), in existence since July 2012.

5 Common Questions in VAWA (I-360) Cases

Our office frequently files immigration applications under the Violence Against Women Act (VAWA) for immigrants who are dependent on abusive family members for their immigration status. An abused spouse, child or parent of a U.S. citizen or lawful permanent resident (green card holder) may file an I-360 Self-Petition under VAWA. The following are some of the most common questions we hear about VAWA cases:

Visa Denials Not Subject to Judicial Review

The Supreme Court recently dealt a blow to immigrant families hoping for a detailed explanation of a visa denial and the opportunity to challenge that denial in court. On June 15, 2015, the Supreme Court upheld a long-standing doctrine known as “consular non-reviewability.” That’s a fancy way of saying that any visa decisions—including denials—by U.S. State Department consular officers cannot be reviewed by a court.

Supreme Court’s Ruling on Gay Marriage Removes Hurdles for Immigrants

It seems hard to believe today that before 1990 United States immigration law allowed exclusion of foreign national LGBT individuals from the United States on moral grounds. On June 26, 2015, the United States Supreme Court ruled, in Obergefell v. Hodges, that same-sex couples have a right to marry throughout the entire United States and its unincorporated territories.

How Do I Get My Immigration Bond Back?

How Do I Get My Immigration Bond Back?

How Do I Get My Immigration Bond Back?

If you posted an immigration bond for a person to be released from immigration custody, you are considered an “obligor”. An obligor must be an adult (over the age of 18) and must be present in the USA pursuant to some lawful status. If you attempt to post a bond with immigration while you are here undocumented, you risk being arrested.

Will my DUI affect my immigration status?

Will my DUI affect my immigration status?

It is important to know the potential immigration consequences of a DUI.

A DUI conviction – especially multiple DUI convictions – can potentially impact whether you receive a visa for admission into the U.S., a discretionary grant of relief from removal or even naturalization. It is important to know the potential immigration consequences of a DUI.

Unaccompanied Minors – What You Need To Know

Unaccompanied Minors – What You Need To Know

he national news has reported on the urgent humanitarian situation on a daily basis and the reasons behind this surge in migration are difficult to encapsulate in a blog post as they are more suited to a textbook

While Antonini and Cohen is over a thousand miles from the epicenter of the crisis at the southern US border, we have received an escalating number of calls regarding Unaccompanied Minors – known in the media as UACs. The national news has reported on the urgent humanitarian situation on a daily basis and the reasons behind this surge in migration are difficult to encapsulate in a blog post as they are more suited to a textbook.

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