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The remedy of Cancellation of Removal is available for people who entered the U.S. with or without a visa more than 10 years ago and who have stayed continuously since then and have a U.S. citizen or permanent resident spouse, child or parent who would suffer extreme hardship if the individual were required to leave...
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In the past year we have received innumerable calls from frustrated individuals who have tried to obtain visitor visas from the U.S. Consulate abroad, only to be denied summarily and without explanation, even though many of the applicants have a legitimate reason to come here as tourists to visit children, grandchildren, or parents for temporary...
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An Order of Deportation may be overcome by showing the Notice was never received. Before notices had to be sent by certified mail, now they can be sent by regular mail. This affords an opportunity for someone who has received an Order of Removal to reopen the case. Formally the Immigration Service had required that...
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The initial period of admission may now be three years instead of one for TN workers. A Bachelor’s Degree is required for this category or appropriate professional credentials such as required for accountants, engineers, attorneys, pharmacists, scientists and teachers. Spouses and unmarried minor children are included. There is no annual limitation on the number of...
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One way to start up a business in the U.S. is through the L Visa. To transfer a key employee from abroad to the U.S., a transferee must have been continuously employed for one of he past three years by a parent, branch, affiliate or subsidiary of the a company. A new U.S. company may...
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GREEN CARD EXTENSIONS (REPLACEMENTS) For a replacement of a permanent resident card (green card) that expires every 10 years, the application passport photographs must be submitted. Even though a permanent resident seeks to enter the U.S. with an expired card, the Immigration Service will admit the applicant. While an application for a replacement is pending,...
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A child of U.S. citizen may automatically have the right to U.S. citizenship. This is especially important for a child to know if the child is facing deportation or exclusion for a felony or serious crime that could result in deportation or the denial of permanent residence. Even if an alien is facing deportation for...
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The United States Supreme Court reversed a Board of Immigration Appeal and held that a Motion to Reopen allows the Board to change a decision for newly discovered evidence or change in circumstances. The Government had argued that the acceptance of voluntary departure was a surrender by an alien of his right to seek a...
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The Child Status Protection Act (CSPA) allows a child to retain his/her classification as a child even though he/she has reached 21 in certain conditions. If a U.S. citizen petitions for a child before he/she reaches 21, the Immigration Service will consider that the child for immigration purposes remains a child until he/she is issued...
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The definition of specialized knowledge has been adapted by the Immigration Service since its inception in 1970 from a requirement that specialized knowledge meant a proprietary knowledge of the company and an advanced level of expertise not readily available in the U.S. job market to a requirement of special knowledge of the company’s product and...
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