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I-94s, Passport Stamps and Periods of Admission – The Importance of Understanding How Long you can Remain in the U.S.

By Jeff Khurgel |

Question: During a particular visit to the U.S. for work or pleasure, which of the following controls the length of time a Nonimmigrant visitor is permitted to remain in the U.S.: A)      The validity of their U.S. Visa; B)      The stamp that a U.S. Customs and Border Protection Officer adds to their Passport; C)     … Read More »

New Proposal to Eliminate H-4 Employment Authorization

By Jeff Khurgel |

On February 20, 2019, the Department of Homeland Security took a major step forward in their plan to eliminate the program that allows employment authorization for the H-4 spouses of H-1B workers. The DHS sent a draft rule to the Office of Management of Budget titled “Removing H-4 Dependent Spouses from the Class of… Read More »

Foreign Affairs Manual “Immigrant Intent” Guidance Updated for F-1 Students

By Jeff Khurgel |

The Foreign Affairs Manual (“FAM”) provides guidance for visa issuance at U.S. Consulates and Embassies overseas. Under longstanding principles of U.S. immigration law, individuals applying for B-1/B-2 visitor or F-1/J-1/M-1 student or exchange visas must prove that they do not have immigrant intentions when applying for their visas. Such “single-intent” visas can be denied… Read More »

Automatic Revalidation May Allow Re-Admission to the U.S. Despite an Expired Visa

By Jeff Khurgel |

What is “Automatic Revalidation”? Automatic revalidation is a process allowing simplified re-entry after travel abroad for certain visa holders in the U.S. even if their visa is expired – following brief trips to Canada or Mexico. These individuals may be admitted at a U.S. port-of-entry by Customs and Border Protection (CBP), if they meet… Read More »

New USCIS Policy Manual Update Consolidates Child Status Protection Act Policy

By Jeff Khurgel |

On May 23, 2018, The U.S. Citizenship and Immigration Services (USCIS) updated its online policy guidance related to the Child Status Protection Act (CSPA). The USCIS update to the online policy manual consolidates all CSPA guidance in one location, and supersedes prior memos and judicial decisions dealing with the CSPA. Background and Purpose of… Read More »

New NTA Policy Related to Denied Applications in Effect

By Jeff Khurgel |

New NTA Policy Announcement On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published two new policy memoranda, dated June 28, 2018, regarding Notices to Appear (NTA). The first Policy Memorandum (PM-602-0050.1) is aimed at cases involving inadmissible and deportable aliens. The second Policy Memorandum, (PM-602-0161) is aimed at DACA recipients. An NTA… Read More »

New Removal of Conditions (I-751 and I-829) Receipt Notices to be Valid for 18 Months

By Jeff Khurgel |

USCIS announced that as of June 11, 2018, petitioners who file Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status) will receive a Form I-797 Receipt Notice that can be presented with their expired Form I-551, Permanent Resident Card, as evidence of continued lawful… Read More »

New Policy Changes to Calculation of “Unlawful Presence” will Affect F-1, M-1, and J-1 Nonimmigrants.

By Jeff Khurgel |

On May 10, 2018 the U.S. Citizenship and Immigration Services (USCIS) announced that it will redefine how “unlawful presence” may be accrued by foreign students who entered the U.S. on F (student), J (exchange visitor), and M (vocational student) nonimmigrant visas. Calculation of Unlawful Presence “Unlawful presence” occurs when an individual remains present in… Read More »

USCIS Adjusts Asylum Processing Queue – “Last in First Out” Now in Effect

By Jeff Khurgel |

In an important announcement affecting over 300,000 Asylum Applicants, USCIS will now prioritize adjudicating recently-filed Asylum cases over those already pending. As of January 31, 2018, U.S. Citizenship and Immigration Services (USCIS) will schedule asylum interviews for recent applications ahead of older filings, in an attempt to deal with the growth of the immigration agency’s… Read More »

International Entrepreneur Rule (IER) Takes Effect on December 15, 2017

By Jeff Khurgel |

U.S. Citizenship and Immigration Services (USCIS) Announced on December 15, 2017, that it will begin accepting applications under the International Entrepreneur Rule (IER). As we reported last year, the rule was established to allow certain entrepreneurs and business owners the ability to enter the U.S. to seek investment and grow their business. Regardless of… Read More »

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