Unmarried children under the age of 21 may immigrate with their parents as “derivative beneficiaries” under certain immigrant visa categories. Problems arise, however, when a child of the petitioner ages out of this eligibility before his/her parents’ immigrant visas...
Topic: Immigration Articles
Form I-924A: Practical Considerations for EB-5 Regional Centers November 2017 Update
On August 24, 2017, USCIS held a webinar on changes to Form I-924A. A full recording of the webinar may be downloaded at: https://millermayer.boxcn.net/s/54sx5qhynei6k20yhmq4poa5vm6e8p6n. The webinar presentation is available at:...
Impact of The Trump Administration’s Decision to Terminate DACA
On September 5, 2017, Elaine Duke, Acting Secretary of the U.S. Department of Homeland Security (“DHS”), issued a memorandum rescinding the Deferred Action for Childhood Arrivals (“DACA”) program. The DACA program, instituted in 2012 under the Obama administration,...
Expansion of In-Person Interview Requirements for Certain Permanent Residency Applicants
On August 28, 2017, USCIS made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on October 1, 2017. The announcement stated that “adjustment of status applications based on employment”—i.e., categories EB-1...
Miller Mayer’s Steve Yale-Loehr Quoted re Bill to Slash Immigration in Half
Miller Mayer immigration attorney Steve Yale-Loehr was quoted in an August 2, 2017, article in the Financial Times about the RAISE Act, a new bill that would slash immigration in half. "It's going to be very hard to get through Congress. Immigration is just as...
TN Visa Requirements for Registered Nurses
Application Overview To qualify for admission to the United States as a Registered Nurse in the TN (NAFTA Professionals) category, a Canadian or Mexican national must meet the following requirements: Hold a valid Canadian or Mexican passport. Hold a state or...
ESTA: Pre-travel Approval for Visa Waiver Visitors
The Visa Waiver Program (VWP) allows citizens of participating countries* to travel to the United States for tourism or business without a visa for stays of 90 days or less, provided they meet certain requirements. Travelers must be eligible to use the VWP and must...
What to Do if Your Green Card Hasn’t Arrived
Whether you filed for adjustment of status in the United States or applied for an immigrant visa at a U.S. consulate abroad, you should receive a United States Citizenship and Immigration Services (“USCIS”)-produced green card delivered by the U.S. postal service. The...
The Green Card Quota System Explained
With the exception of the immediate family of U.S. citizens and refugees/asylees, United States green card allocations are subject to two types of quotas and a preference system that prioritizes certain green card categories over others. First, quotas are based on...
Travel while Adjustment of Status is Pending
Nonimmigrants in the United States in most statuses (including B, E, F, J, O, P, R, T, U and TN) who have filed Adjustment of Status ("AOS") applications (I-485) are advised not to travel outside the United States until their Advance Parole applications (I-131) are...
