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Publications

April, 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

Aliens who are admitted under parole are usually persons the Immigration Service considers questionable, that is, the Adjustment of Status Act (INA 245(a)) authorizes the Attorney General to adjust the status of any alien who was inspected and admitted or paroled into the United States. Previously almost all parolees were placed in removal proceeding and regulations in effect barred any arriving alien in removal proceedings from seeking adjustment of status. This made almost all parolees ineligible. A recent U.S. Court of Appeals decision has recently held that Congress intended to allow most paroled aliens to apply for adjustment of status. The Department of Homeland Security as a result of this case amended its regulations to hold that arriving aliens in removal proceeding who apply for adjustment of status must do so with the United States Citizenship and Immigration Services (USCIS) and consequently deprives Immigration Judges of jurisdiction to adjudicate these applications.

FBI NAME CHECKS

A U.S. District Court Judge in Pennsylvania has recently decided in naturalization cases that the use by Immigration of FBI name checks was never authorized by any statute or regulation. The Judge held that the unreasonable delays caused are improper. Applicants have been delayed between 30 to 47 month due to these FBI name checks, the Judge declared.
The Judge wrote that the USCIS is bound to make a prompt determination on a naturalization application. Reasoning that by the time a person applies for naturalization, one and in most cases two FBI checks have taken place, the Judge questioned why another check was necessary.

The Judge decided he had the power to issue a Mandamus Order. The Judge wrote that the Immigration Service could neither cite any congressional authorization for this FBI name check nor a USCIS regulation. He also found that completion of criminal background checks must be made before a naturalization interview occurs, not after.

ADOPTED CHILDREN UNDER THE AGE OF 18

The Board of Immigration Appeals recently upheld an Appeal sustaining that an alien child adopted under the age of 18, when a natural sibling was subsequently adopted by the same adoptive parent(s) while the 2nd sibling was under the age of 16, may qualify as a child even though the older child adoption preceded that of the younger sibling.
The Act now maintains family unity by permitting an alien child 16 or 17 to qualify as an immediate relative child of the U.S. citizen adopting parents if they also adopt a sibling of that child who is under 16. The sequence as to whether the younger or older sibling is first adopted is not relevant as to whether the older sibling is adopted with or before or after the younger sibling.

 

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New York Immigration Lawyers > Immigration Publications > April 2008
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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