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,...Read More

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...Read More

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...Read More

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...Read More

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...Read More

The first preference includes immigrants of extraordinary ability, outstanding professors and researchers and multinational executives and managers. This category is current for all nationals. To prove extraordinary ability in science, art, education, business or athletics sustained national or international acclaim must be shown. No job offer need be shown, but a prospective benefit to the...Read More

Our firm has had considerable success in affirming approvals for permanent residents’ applications with higher education. Based on a Labor Certification the quota is current for applications with higher degree. If an alien is approved for the Second Employment Preference, he/she may immediately apply for permanent residence. This is especially valuable because an applicant to...Read More

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...Read More

Immigrants who come to the U.S. and who have not understood the financial difficulties of life in the U.S. or who are not capable of providing for their families often find themselves in financial straits. If they have children born here, the burden of paying for the costs of doctors, hospitals and nursing services frequently...Read More

A remedy aside from Mandamus is Coram Nobis to correct immigration injustice.Under federal court rules a petitioner must prove: the circumstances requiring this remedy to bring about a just result; why relief is not otherwise available; and that a petitioner continues to suffer legal consequences from a conviction that may only be remedied by this...Read More