Immigration Law Blog

H1B quota for FY 2010 still not reached

Posted Thu, 05/14/2009 - 10:48 by Phil

On May 11, 2009, the USCIS reported the the annual cap for H1B visas for the current fiscal year still has not been reached. This is in stark contrast to previous years in which the cap was reached or exceeded on the first day. Although, this is good news for prospective H1B non-immigrants it is more strong evidence of the depth of our current recession.

Currently, the USCIS has received approximately 45,000 of the 60,000 available H1B cap-subject petitions and 20,000 of the cap-exempt advanced degree petitions.

Recent Supreme Court Ruling Curtails Using Identity Theft Statute Against Ulawful Immigrants

Posted Tue, 05/05/2009 - 12:43 by Phil

Yesterday the Supreme Court made a ruling that strikes down a Bush Administration Justice Department tactic for going after illegal immigrants. Prior to the Bush administration, illegal immigrants who were caught in the United States were simply deported. The Bush Administration took a harder line and began prosecuting illegal immigrants for federal crimes in addition to placing them in removal proceedings.

US Embassies in Mexico Suspend Services

Posted Wed, 04/29/2009 - 13:20 by Phil

Because of the continued concern about the swine flu outbreak the U.S. Department of State has ordered that all U.S. Embassies in Mexico suspend all non-essential services until May 6, 2009. Services will be limited to emergency matters for U.S. Citizens and applications for citizenship. The DOS is monitoring the situation closely and will advise if any further suspension may be initiated before May 6. All persons with appointments scheduled during the suspension period will be notified by email for rescheduling.

US Embassy in Mexico City Suspends Non-Immigrant Visa Appointments

Posted Tue, 04/28/2009 - 09:52 by Phil

In cooperation with the Mexican government and in an effort to avoid the creation of large crowds, the U.S. Embassy in Mexico City announced that it has suspended nearly 5100 non-immigrant visa appointments scheduled through April 29, 2009. This is in response to the recent outbreak of "swine flu" in Mexico City.

The US Embassy will call or email all of the affected applicants and reschedule the appointments for some time after May 5, 2009.

Visa applicants may also call 01-800-719-2525 to reschedule their appointments.

Increase in K1 Fiance Visa Denials

Posted Mon, 03/23/2009 - 23:13 by Phil

I have been receiving an increasing number of inquiries about K1 fiance visa denials. Without exception each one of the denials I was told about was denied based on the U.S. Consular official's determination that the relationship was not a "bona fide" fiance relationship.

Entry documents for LPRs

Posted Sat, 02/28/2009 - 19:27 by Phil

I just returned from a trip to Mexico with my family. My wife is a lawful permanent resident. I have written several articles before on issues related to foreign travel and LPRs and the requirements for reentry. Although technically, one only needs a valid and unexpired lawful permanent resident card to return to the U.S. as a lawful permanent resident, on this trip the immigration officer requested to see my wife's passport.

So, for those of you LPR's traveling abroad its probably a good idea to make sure you have a valid passport to take along with you as well.

Our new immigration law talk show

Posted Sun, 02/08/2009 - 23:24 by Phil

I am working on starting a immigration law talk show. I'm not sure when it will start but I hope to have it live in about 1 week. I am also not sure about the schedule but I hope to do it at least by weekly. The format is not set yet but it will include some call-in question and answer aspect so anyone that has an immigration law question can call in for help.

Here is the home page set up for my show:

http://www.blogtalkradio.com/Philip-Curtis

For those who want to call in and ask questions once we get the show up and running the call in number is: (917)388-4061.

Time periods for filing for adjustment of status on K1

Posted Sun, 02/08/2009 - 22:39 by Phil

I've been answering a lot of questions online in various forums, via email, etc. lately about the time frame for adjusting status after marriage on a K1 visa. I'm not sure why this happens, but perhaps people do not understand the K1 visa process. It could be that they cannot afford the adjustment of status filing fees. (The fees are quite expensive--about $1400 now.)

No parking at USCIS Detroit Office

Posted Thu, 02/05/2009 - 10:05 by Phil

Effective February 9, 2009 thee will be no parking available at the USCIS Detroit District office on Mt. Elliot. This is a temporary measure until the USCIS moves to its new facility located at 11411 E. Jefferson, Detroit, MI.

The USCIS reports that it will move into the new facility by mid-March.

I will post any information I receive about suggestions for parking or updates on the new USCIS office opening.

More on K1 waivers of previous meeting requirement

Posted Wed, 02/04/2009 - 23:10 by Phil

In the last week or so I have received several emails regarding waivers of the previous meeting requirement for the K1 fiance visa.

I am going to try and come up with some general guidelines for those who may qualify for the waiver and post an article on the topic.

Part of the problem with the K1 waiver is that there is very little guidance on the standards. We'll see what we can come up with.