Yes, in certain circumstances per 8 CFR 204.2(a)(1)(iii)(F)(4), 204.2(I)(3) and 204.2(a)(4) for derivative beneficiaries of marriage based petitions. Recapture is complicated and it is highly advisable to discuss your matter with a qualified Immigration Attorney before filing a recapture 485 and checking box H “Other Basis” with an explanation. Ricy Malik, Esq.
Yes! According to USCIS-NBC in meeting held in October 2011 with AILA, even if your case has been denied by USCIS, and then subsequently denied by an Immigration Judge, you can still apply and get your work permit while your case is on appeal before the Board of Immigration Appeals (BIA) or later if your case is with the Cirucit […]
Many Temporary Protected Status (TPS) applicants and especially their employers are concerned that their work permits expire while they are waiting for their new card. However, as in previous years, all TPS applicants work permits are automatically renewed as long as they file for their renewal timely. This means that even if a TPS work permit (employment authorization document – […]
USCIS Office of Public Engagement: I-601 Notice of Intent U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST Dear Stakeholders- U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence. The proposed process would […]
In the Federal Register on Monday, January 9, 2011 a new proposed provision will be published allowing many undocumented immigrants to process their waivers while inside the United States. For many years, certain immigrants were afraid to leave the United States to process their “greencards” because they feared their waivers (pardons) would be denied thereby barring re-entry into the United […]
There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S. Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to […]
Although section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2000), provides that an employment-based immigrant visa petition shall remain valid with respect to a new job if the beneficiary’s application for adjustment of status has been filed and remained unadjudicated for 180 days, the petition must have been “valid” to begin with if it is to […]
USCIS issued a memo clarifying that a child continues to be eligible to file a VAWA self-petition beyond the age of 21, up to the age of 25, as long as the abuse was one of the central reasons for the delay in filing. The abuse however must have occurred at the latest, on the day before the applicant turned […]
On occasion (all the time in Prince William County, VA), when a non-citizen is pulled over or arrested by law enforcement for traffic or criminal violations, ICE place a detainer, a hold, on that person. A detainer is a request by ICE for the local police department or jail to hold the person for up to 48 hours while ICE […]
USCIS released a memo addressing the ability of abused and battered parents of U.S. Citizens to file VAWA self-petitions. USCIS correctly interpreted the intent of Congress in the Immigration and Nationality Act (INA) to include the ability to step parents and adoptive parents to self-petition: “An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to […]
