Making a False Claim to U.S. Citizenship

There are four ways to become a US citizen: citizenship by birth in the U.S., citizenship through derivation, citizenship through acquisition, and citizenship through naturalization. Most of the times, people become U.S. citizens through the process of naturalization, which requires them to file a form N-400. After reviewing the form N-400, the United States Citizenship …

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Sexual Orientation as a Social Group

Introduction Since the early 1990’s, LGBTQ has been recognized as a legitimate social group eligible for asylum protection under the Immigration and Nationality Act. Therefore, in the face of persecution, an applicant may qualify for asylum or refugee status, provided they are able to establish that the persecution suffered or feared was or will be …

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Public Charge Final Rule

UPDATE: As of February 24, 2020, the public charge rule has been implemented nationwide after the Supreme Court stayed the limited state-wide injunction in Illinois against the Department of Homeland Security.  At the same time, the Department of State also began implementing its amended public charge rule, and visa applicants from abroad should prepare Form …

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Understanding the Visa Bulletin

Introduction United States employment and family-based permanent visas, green cards, are limited each year by number and by country of origin. In 2019, there will be no more than 226,000 family-sponsored visas and no more than 140,000 employment-based visas. The United States further limits employment and family-based immigration by only allowing 7% of visa to …

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The North American Free Trade Agreement (TN) Visa

The North American Free Trade Agreement (NAFTA) integrated key sectors of the United States, Canadian, and Mexican economies.  Central to that integration was creating a special visa category that allowed qualified Mexican and Canadian citizens to seek temporary admission into the United States to engage in business activities. To qualify for a TN visa a …

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Public Charge Updates in 2019

One of the key inquiries made by the United States Citizen and Immigration Services (USCIS) when deciding to grant or deny a nonimmigrant visa or permanent residency is whether an applicant will likely be or become a public charge. A public charge is an individual that will heavily rely on the federal government for assistance. …

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H-1B for Computer Programmers

The Immigration and Nationality Act allows an employer to petition for an H-1B visa on behalf of an alien beneficiary if the alien beneficiary will be working in a “specialty occupation.”  To qualify as a “specialty occupation” a job must require “theoretical and practical application of a body of specialized knowledge and attainment of a …

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Matter of A-B- and Women Facing Domestic Violence

Introduction In June 2018, former Attorney General Jeff Sessions overturned an immigration court’s decision and issued a precedential decision that makes it even more difficult for  asylum seekers to obtain asylum protection in the United States by citing fear of domestic abuse. This is also the case for asylum seekers who make asylum claims based …

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