Posts By: cbrownlaw

H-1B Cap Has Been Reached: Other Options?

The H-1B cap was reached on June 11, 2012 for both the regular cap of 65,000 H-1B visas and the 20,000 cap, segregated for those who earned a US Masters Degree or higher. The cap was reached more than 5 months earlier than the previous fiscal year, which indicates the economy is stronger this year…. Read more »

Deferred Action Announced for Dream Act Kids: Am I Eligible?

The Obama Administration just announced today that certain undocumented individuals will be eligibile for deferred action. Deferred action is a discretionary agency action to NOT prosecute or deport a particular alien. It cannot be granted by the Immigration Judge – only through an agency District Director. It also permits people granted to obtain a work… Read more »

USCIS Now Allows Filing of I-601 Waivers in the US

On June 4, 2012, USCIS officially began to accept I-601 applications for applicants who previously had to file the I-601 abroad. The I-601 can now be submitted to a “lockbox” and the addresses are all posted on the USCIS website. An I-601 application refers to the waiver process required for those who have triggered an… Read more »

What is Up with Startup Visa 2.0? A Proposed Green Card Option for Investors in the US

Another foreign investor proposal came out of the Senate this past week due to the work across party lines amongst freshman Senators Marco Rubio (R-Fla.), Chris Coons (D-Del.), Jerry Moran (R-Kan.) and Mark Warner (D-Va.). This is one of approximately 8 job creation proposals introduced already in Congress, as consistent economic data indicate how small… Read more »

How To Keep Your Green Card Status in Tact

For some it took a long time, lots of effort and/or money to finally obtain the “green card” or permanent residence. Now that you have a green card, what can happen to your status? Nothing? WRONG. Lots of things that can happen including abandonment of status and deportation if you are not careful about maintaining… Read more »

New Global Entry Program : How Some International Travelers Can Expedite Entry into The U.S.

Travelers entering the United States have generally faced long waits in immigration and customs lines. Thanks to a new Global Entry program administered by the U.S. Customs and Border Protection agency, certain pre-approved travelers can now clear customs quickly. Trusted travelers simply visit self-service kiosks located in major international airports throughout the U.S. and scan… Read more »

USCIS Updates on New Provisional Waivers and Centralization for I601s

Here are some updates based on Pilar Peralta Mihalko, Branch Chief International Operations Division, International, who spoke at the American Immigration Lawyers Association Texas Chapter Conference in Albuquerque New Mexico on April 13, 2012: Centralization of all I-601s Underway USCIS is in the process of centralizing ALL I-601 extreme hardship waivers that are filed by… Read more »

USCIS Comes out with Provisional Family Waiver Details

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register to create an alternative process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States. The… Read more »

Traveling on the Visa Waiver?: The Nuts and Bolts of ESTA

What Is ESTA and How Does it Work? ESTA – the Electronic System for Travel Authorization – is a security enhancement system for those coming from Visa Waiver countries to determine eligibility to enter the United States prior to showing up at the US border. Launched in 2009, it is a more efficient and thorough… Read more »

Big News on I601 “Extreme Hardship” Waiver or Pardon: Some Are Moving Stateside

On January 12, 2012, the US Department of Homeland Security announced a proposed changed in a regulation governing the process for I601 “extreme hardship” waivers or “pardons” as they are referred to sometimes. This proposed change is HUGE and positive, given the byzantine nature of how it currently works today. First, an I601 Waiver is… Read more »

Denver Colorado in the Pilot Test to Stop Deportation Proceedings Against Certain Immigrants

Ask any Colorado immigration lawyer about the backlog of deportation cases in Colorado and nationwide currently on the dockets, and it becomes clear that the courts are overwhelmed. In an effort to streamline the deportation case reviews, and also to ensure that otherwise law-abiding undocumented immigrants are not painted with the same brush as felons… Read more »

H-1B Season to Begin in April: What Is It and Are You Ready?

Each year on April 1st, the U.S. Citizenship and Immigration Service begins accepting petitions for H1B work visas for the upcoming fiscal year (Oct 1 2011/Sept 30 2012). A new season is rapidly approaching, and only a limited number of petitions will be accepted. Employers with workers eligible for H1B visas in Colorado need to… Read more »

H-1B Cap Update (Again and Last One for Awhile)

My last post on the H-1B cap hitting in the next 3 weeks was a bit off as the cap was hit instead on November 22,2011 when USCIS notified us that any additional applications filed would be rejected after this date. ( See USCIS Notice). It is not terribly surprising given the Masters Cap was… Read more »

H-1B Cap Update

The H-1B cap on November 14, 2011 was updated by USCIS. The number of H-1B petitions in line is nearing the limited cap – 20,000 for those who have obtained an advanced degree in the US and 65, 000 for all other H-1B professionals. The count as of November 14th is 20,000 for the Masters… Read more »

International Dating – What is the Advantage of a K-1 Fiance Visa?

With economic globalization and social networking in full effect, dating has spilled across national borders over the past decade. An increase in multinational and multicultural relationships is on the rise and working for many folks. How does one bring a loved one to the US?  One option is a fiance (K-1) visa. A K-1 fiance… Read more »