Firm's Information

My Law,LLC Immigration Law Firm WebSite: www.mylawllc.com E-mail: attorney@mylawllc.com Phone: 1-(630) 903-9625

Monday, December 30, 2013

Provisional Waivers

Certain spouses, children, and parents of U.S. citizens (immediate relatives) who are in the United States are not eligible to apply for lawful permanent resident (LPR) status while in the United States.

Instead, these immediate relatives must travel abroad to obtain an immigrant visa from the Department of State (DOS) to return to the United States to request admission as an LPR, and, in many cases, also must request from the Department of Homeland Security (DHS) a waiver of inadmissibility as a result of their unlawful presence in the United States.

DACA Cases at the Nebraska Service Center

If you have a long-pending DACA case, check to see whether it may fall into one of the below categories. While not always true, these factors may lead to longer processing times. These findings are preliminary, and may not reflect USCIS policy decisions or adjudication trends.

Many of the DACA long-pending cases involved one or more of the following circumstances:

Sunday, December 29, 2013

The 2013 China EB-2/EB-3

Beginning with the June 2013 Visa Bulletin, the third preference employment-based immigrant visa category (EB-3) for individuals born in the People’s Republic of China (China) has a more recent cut-off date than the second preference employment-based category (EB-2).

Monday, December 23, 2013

U Visa

U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2014. This marks the fifth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.

Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification of assistance from law enforcement.

Philippine Government Requests TPS

The Philippines has formally requested Washington for additional immigration relief measures to allow eligible Filipinos to stay and work in the United States so they could support the country’s long-term post-typhoon recovery efforts, the Department of Foreign Affairs announced Monday, 16 December.

Foreign Affairs Secretary Albert F. Del Rosario said the request to designate the Philippines under Temporary Protected Status (TPS) was officially conveyed on Friday, 13 December, by Ambassador Jose L. Cuisia, Jr. to the Department of Homeland Security through a note verbale to the Department of State.

Tuesday, December 17, 2013

Gay Marriage Immigration Green Card

Gay Americans with immigrant spouses — who are now no longer barred by the federal Defense of Marriage Act from applying for marriage-based green cards.

The Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.

Monday, November 18, 2013

December 2013 Visa Bulletin

December 2013 Visa Bulletin has been released (valid from December 1 to December 31 only). Please see below for more details.

Family Based:

Family-Sponsored
All Charge -ability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
F1
15NOV06
15NOV06
15NOV06
22SEP93
01JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B
01MAY06
01MAY06
01MAY06
01APR94
22MAR03
F3
08MAR03
08MAR03
08MAR03
01JUN93
22JAN93
F4
08SEP01
08SEP01
08SEP01
22OCT96
01JUN90

Employment Based:


Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
08NOV08
15NOV04
C
C
3rd
01OCT11
01OCT11
01SEP03
01OCT11
08JAN07
Other Workers
01OCT11
01OCT11
01SEP03
01OCT11
08JAN07
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment
 Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

My Law, LLC                                            
Immigration & Tax Law Firm
Phone: (630) 903-9625
1230 E. Diehl Rd. Suite 106
Naperville, IL 60563

Facebook Page:


Wednesday, November 6, 2013

H-4 Visa: H1B Spouse Dependent

H-4 visa holders are permitted to study at any U.S. university. They are not required to obtain F-1 student visas before beginning a study program. However, H-4 visa holders are NOT permitted to work in the United States. There are no exceptions to this rule.

If an H-4 visa holder begins working, that person is violating the conditions of his or her status and may lose status and be subject to other serious penalties.

H-4 visa holders are also entitled to travel in and out of the United States. There is no requirement that the H-1B worker accompany them.       

However, in other business and skilled foreign worker non-immigrant visa legislation such as L-1 multinational corporate executives, managers, and specialized knowledge workers, J-1 foreign exchange visitors, etc, the law has accommodate this issue to relieve the primary foreign workers from such family issues and spouses' career issues.

Somehow, however, the law has failed to extend the identical consideration in the case of H-1B highly skilled foreign workers visa for unknown reasons.

Importantly, any time spent in H-4 status does NOT count towards the six-year maximum period of time that workers are allowed to be in H-1B status. 


My Law, LLC                                            
Immigration & Tax Law Firm
Phone: (630) 903-9625
1230 E. Diehl Rd. Suite 106
Naperville, IL 60563

Facebook Page: