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...
Topic: Immigration Updates
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...
Switching from B Visitor to F-1 Student Status
It is not uncommon for foreign nationals visiting the United States to decide to remain to pursue studies. However, a visitor (B-1 or B-2 visa holder) generally cannot attend school before changing to student status. The recommended process for changing from B to F or...
Miller Mayer’s Steve Yale-Loehr Quoted re Detention of U.S. Citizen Family at Border, EB-5 Investment Benefitting Troubled Businesses
Miller Mayer immigration attorney Steve Yale-Loehr was quoted recently in an article on Time.com about an ACLU lawsuit challenging detention of a US citizen family at the border for more than 10 hours because the father was on a terrorist watch list. Mr. Yale-Loehr...
USCIS Issues Policy Guidance on H-1B Master’s Degree Cap Exemption Case
U.S. Citizenship and Immigration Services (USCIS) recently published a policy memorandum designating Matter of A-T- as an "Adopted Decision," which establishes policy that applies to and binds all USCIS employees. "USCIS personnel are directed to follow the reasoning...
I-94 Arrival/Departure Info Now Available Online for Air and Sea Travelers
U.S. Customs and Border Protection (CBP) recently announced that foreign visitors arriving to the United States via air or sea no longer must complete the paper Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Such...
DHS Delays, Plans To Propose Rescinding International Entrepreneur Rule
As expected, the Department of Homeland Security (DHS) has delayed the effective date of the International Entrepreneur Rule that was scheduled to take effect July 17, 2017. The Federal Register notice, published on July 11, 2017, states that this delay "will provide...
State Dept. Issues Guidance on Trump ‘Travel Ban’; Hawaii Motion Denied; More Court Action
The Department of State recently released guidance on President Trump's executive order 13780, "Protecting the Nation From Foreign Terrorist Entry Into the United States," frequently referred to as the "travel ban." The Department's guidance was issued following the...
Miller Mayer At The EB-5 Investors San Francisco Conference
Please join us on July 27th & 28th at the San Francisco EB5 & Investment Immigration Convention. The convention will feature educational panels moderated by EB-5 program experts, workshops for attorneys and regional centers, business exhibitions and special...
Sponsoring a Spouse or Fiancé(e) for a Green Card or K Visa
Foreign spouses of U.S. citizens are eligible for permanent residence (green card) based on a valid marriage without being subject to a quota category. The only delay they face in obtaining permanent resident status is due to processing times. By contrast,...
