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 proposed immigrant leaves for consular processing, thus eliminating the waiting time abroad and the uncertainty of … Read more
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 of April 8, 2008, students granted post-completion OPT can only accrue up to ninety days … Read more
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 married the client wants to legalize her husband. Based on your facts it appears that … Read more
