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For two centuries, America has been a haven for persons fleeing persecution, particularly in the last century from Nazis, Communists, Cubans, Vietnamese. A refugee is a person who is unable or unwilling to return to his/her country because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in...
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How can I extend my stay or change my status? we are often asked in our professional practice. Here is a summary of the most common inquiries: Can I extend or change my status as a visitor for pleasure or business? Yes, you may if you are still in status. Extraordinary circumstances may excuse a late...
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REENTRY PERMITS FOR EXTENDED STAYS ABROAD Often a permanent resident has to stay abroad because he/she has to complete studies in a foreign university, or a parent may be suffering from a chronic illness, or because of the need to maintain or close a business the permanent resident has abroad. An extended stay of more...
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The H-1B classification for specialty employees over the past few years has not been continually available because the H-1 Cap was often used up in one day after the date filing began, namely on April 1st of each year. The H-1B did not take effect until the 1st October of each year. Due to the...
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TPS, temporary protected status, now available to Salvadorians and Hundurans, may be reopened by an Immigration Judge in removal proceedings even if an immigrant has not appealed a denial by the Department of Homeland Security (DHS). A Salvadorian had applied for TPS in 2002 and thereafter that were always denied but never appealed. The DHS...
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Intra-Company Transferees (L-1) To qualify, the L-1 Visa applicant must have been continuously employed abroad for one of the past 3 years preceding an application by a parent company, branch, affiliate or subsidiary of the intended employer company in the U.S. The work to be done must be to continue in a managerial or executive...
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WHO HAVE SUFFERED DOMESTIC ABUSE ABROAD The new Administration has recently changed immigration regulations to permit victims of domestic violence abroad to apply to obtain asylum in the U.S. The previous Administration had consistently denied such claims for violence and sexual abuse abroad, holding that this class of battered women could not be accepted because...
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AT RANDOM & WITHOUT REASONABLE SUSPICION The 5th Amendment of our Constitution specifically guarantees that no one may be obliged to incriminate himself/herself. When a police officer asks a passenger what his/her status is on a car stop, the passenger usually does not feel free to refuse to answer. Indeed if the passenger does not...
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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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