Visa waivers are allowed to nationals of most West European countries, and Japan & Australia, permitting a visit to the U.S. for 90 days without extensions.  If a national of these countries overstays, he/she can be barred from returning to the U.S.   The New York Circuit Court of Appeals (2nd Circuit) is one of the [...]

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Even though a U.S. Petitioning Parent dies before an adult child obtains permanent residence, still the child may now receive permanent residence if the petition had already been approved.   A U.S. parent petition for an adult child, is normally approved forthwith.  However, because of  worldwide quota delays, the quota delay can take years to [...]

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For an immigrant spouse of a U.S. citizen, if the citizen spouse dies within 2 years the death effectively annuls the immigrant spouse’s right to permanent residency. Bringing a case in Federal Court may help.  Recently a federal judge held that the Department of Homeland Security wrongfully ruled that a widow had a right to [...]

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U.S. citizens can only petition for fiancé(e).  It is not enough to have met through the internet.  The petitioner must have personally, met his /her fiancé(e) within the past 2 years unless a meeting would violate religion or culture.  A visa interview will be conducted abroad and if approved, the fiancé(e) may come to the [...]

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When a marriage based adjustment of status application has been filed where a divorce occurs before its approval, a recent Court of Appeals decision in the 9th Circuit decided that the application would still be effective. This case involved a K-1 visa holder who had arrived in the U.S. with K-1 status as the fiancée [...]

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The U.S. Customs & Border Protection agency (CBP) issued a rule last week expediting the entry into the U.S. of  B-1 business visitors and B-2 visitors for pleasure for a period of 30 days for persons infected with the Human ImmuneDeficiency virus (HIV). Instead of ending the HIV travel ban, a traveler who avails him/herself [...]

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 A Spouse, parent, or child of a U.S. CITIZEN, who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred or aggravated by combat may petition for permanent residence within two years of the U.S. citizen’s death.  A spouse may apply as long as s(he) is not [...]

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       A natural born child may petition for a parent when the child is 21 years of age or older.  A stepchild, whether legitimate or illegitimate who lived with and was cared for as the child of the step parent or for whom the step parent engaged in an active parental interest in the support [...]

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One fourth of the gross national product is contributed by immigrants in New York City. Outside New York City, immigrants make vital contributions in the professions according to a recent independent research survey. About 4 of every 10 doctors and of college professors are immigrants in the greater New York area. In upper New York [...]

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