Category Archives: Immigration

  1. The Importance Of Maintaining F-1 Status

    Students on F-1 status need to ensure they maintain status.  A failure to maintain status could result in a violation which could have an impact on their immigration future.  At PLG we often see requests for evidence questioning maintenance of status for F-1 students, who have submitted an H-1B cap petition requesting a change of…

  2. Continuous Residence And Prolonged Absences

    In this article, we will discuss the continuous residence requirement as it relates to filing an application for Naturalization.  For the full requirements for Naturalization please refer to our previous article: https://www.patellegal.com/naturalization-the-final-step-in-the-immigration-process/ The concept of continuous residence refers to the applicant maintaining a permanent dwelling place in the US, typically for a period of 5…

  3. DHS Withdraws Its Duration Of Status Rule

    The Department of Homeland Security (DHS) will now withdraw its duration of status rule.  Students have for a long time had the benefit of being admitted for the duration of status.  In other words, unlike other nonimmigrants, they are not admitted for a specific length of time.  This flexibility has allowed them to extend their…

  4. Success Story: EB-2 To EB-3 Downgrade Approved For A Schedule A Case

    Last October saw thousands of people applying for downgrades due to the forward movement in the Employment-based EB-3 priority dates. By filing a downgrade, applicants were able to concurrently file an I-485, Application to adjust status and also apply for employment authorization and travel document. One client, working as a Physical Therapist had asked us…

  5. Is Day 1 CPT Still A Problem?

    Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://www.patellegal.com/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://www.patellegal.com/day-1-cpt-revisited/ Please note that the first article was written during…

  6. USCIS To Start Issuing 2-year EADs For Adjustment Applicants And New Expedited Processing Criteria

    On June 9, 2021, USCIS announced some important policy changes as well as their intention to start issuing 2-year EADs (Employment Authorization Document) for certain adjustment of status applicants. 2- year EADs Certain adjustment of status applicants will now receive a 2-year EAD, instead of just a 1-year card.  Although adjustment of status applicants are…

  7. The 5 Year Rule – Getting Remarried as a Green Card Holder

    Obtaining a green card through marriage is often described as one of the easiest ways to obtain lawful permanent residency.  However, what happens if after obtaining the green card you get divorced?  Can you get remarried and sponsor your new spouse? While this is certainly possible, if an individual received a green card through marriage,…

  8. USCIS Confirms It Will Suspend Biometrics For Certain Nonimmigrants

    USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years.  The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be…

  9. Visa Bulletin Predictions For Employment and Family-Based Cases And DOS Announces Tiered Approach To Prioritize Visas

    During an interview with Charlie Oppenheim of the State Department, the following statements and predictions were made in relation to employment-based and family-based categories. Employment-based visas In 2021 there are approximately 262,000 employment-based visas. However, it is expected that the Department of State (DOS) will not be able to process all these visas due to…

  10. President Biden To Ban Travel From India To The U.S

    Despite a more favorable Immigration climate under the new administration, President Biden has issued a proclamation that will restrict most travel from India to the US. This proclamation is effective 12.01 am May 4, 2021. In the proclamation, it is stated that India accounts for over one-third of new global COVID-19 cases and the number…

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