Clarifying The USCIS’s Marital Union Policy Update

Last October, USCIS updated Volume 12 of the policy manual to clarify the requirements under section 319(a) of the Immigration and Nationality Act (INA). In a press release USCIS identified two highlights of the update: It clarifies that the applicant spouse and his or her U.S. citizen spouse must have …

How to Avoid Punishment Under USCIS’s Unlawful Presence Policy

Beginning August 9, 2018, international students and some other nonimmigrants (J, M) will start the countdown towards the 3-year and 10-year bar towards re-admission to the U.S. Prior to August 9, 2018, certain nonimmigrants who were admitted to the United States for a period of “Duration of Status” (D/S) did …

Over 2.3 Million Applications In Limbo As USCIS Reaches “Crisis-Level” Delays

Despite the Trump administration’s failure to secure funding for a United States border wall, an “invisible wall” of new USCIS policies has resulted in unprecedented delays for those seeking legal immigration to the country. On January 30th, the American Immigration Lawyers Association (AILA) reported that the USCIS “net backlog” had bloated …

USCIS issuing more Notices to Appear (NTAs)

USCIS announced that starting November 19 it may issue Notices to Appear (NTAs — the first step in the deportation process) based on the denial of the following cases:  T visa petitions; U and U-1 visa petitions; I-360 petitions for Amerasian/Widows/Widowers; Special Immigrant petitions (including Violence Against Women Act self-petitions and …

F-1 student “Cap-gap” only valid through Sep. 30

F-1 student “Cap-gap” only valid through Sep. 30 If you are in F-1 status and have a pending cap-gap H-1B petition, stop working; continuing to work risks your lawful presence in the U.S. Here’s why: The F-1 student “cap-gap” expired on Sep. 30, meaning that if you have a pending …