Author Archives: Evita Tolu
Immigration law developments: I-601 Unlawful Presence Waiver New Procedure
The US Citizenship & Immigration Service recently published a Notice of Intent for proposed rulemaking in the Federal Register. It outlines the agency’s plan to transfer the adjudication of certain I-601 waiver applications from USCIS overseas to stateside processing. This adjudication would take place before the … Continue reading
What are the rules on OPT and unemployment?
The law governing OPT rules and periods of unemployment are found in 8 CFR 214.2(f)(5),(10), (11), and (12) and 247a12(b)(6)(iv) and (v) and SEVP Policy Guidance 0801-01. Below are the key points relating to the OPT rules of unemployment: As … Continue reading
Can a US citizen spouse legalize an undocumented spouse in the US?
This post I receive from a blog reader today. A US citizen asked me whether she can get a green card for her husband based on their marriage. Her husband crossed the US border without being admitted sometime in 2003. Now that they are … Continue reading
Criminal defense attorney has a duty to advise immigrant non-citizens of immigration consequences of a guilty plea
On March 31, 2010, the United States Supreme Court in Padilla v. Kentucky, 2010 U.S. Lexis 2928 (March 31, 2010) held that immigrants and non-citizens with criminal convictions which subject them to deportation have a right to competent and affirmative … Continue reading
Employment based green card through PERM
Step-by-Step Procedures for Labor Certification The procedures for obtaining labor certification were radically changed in 2005, in an effort to streamline and shorten the application process. 1. Employer Requests Prevailing Wage Determination Under the new procedures, the first step is … Continue reading
Which Visa B-2 or K-1 is the safest way to happiness in the US?
The K-1 Fiance visa is a very popular visa. This article is a brief overview of K-1 visa requirements. If you are young, single and applying for a B-2 tourist visa at a U.S. consulate abroad you probably will get … Continue reading