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USCIS announced yesterday that the H-1B cap for next fiscal year (starting October 1, 2019) was reached. Again. We will find out in the coming months how many petitions were submitted. This is ridiculous. In a robust economy where workers are scarce, employers should not have to spend thousands of dollars on a lottery ticket Read More

We all feel it. It is one of the universal emotions. Whether you say say, “love,” “ti amo,” “حب (Habb),” amor,” “அன்பு (Anpu),” “愛 (Ai),” “Grá,” “Kocham cie,” or another word from hundreds of languages, we all understand the feeling. We all know why people want to be with their loved ones. Sometimes there are Read More

From USCIS: The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. Our offices will remain open, and all applicants should attend interviews and appointments as scheduled. Some USCIS programs are affected until they receive appropriated funds or are reauthorized by Congress. These include: • EB-5 Immigrant Investor Read More

What’s the difference between being married to a United States citizen compared to married to a lawful permanent resident (a green card holder)? Spouses of lawful permanent residents and spouses United States citizens can often obtain lawful permanent residence (the green card) in the United States. The forms are the same and the process is Read More

This question comes up surprisingly often. The answer is clear and obvious: You must mention every child you have on any application that asks for your children. However, because this is such a common question, I will review the different scenarios. The answer does not change, though: You must list all children on any visa Read More

Immigrating to the United States is a multi-step process. However, even the final application for the Green Card (becoming a lawful permanent resident) has multiple steps. As a general rule, you have to be in lawful status to apply for the Green Card in the United States. This process is called adjustment of status and Read More

Overstaying a period of authorized stay in the United States can carry severe consequences. However, the United States Customs and Border Protection officers do not always make it clear how long a person can stay in the United States. Therefore, I am spending a few moments explaining periods of lawful admission. There are three to Read More

Conditional lawful permanent residents are a subset of lawful permanent residents. A lawful permanent resident is entitled to live and work in the United States without restriction. A lawful permanent resident also may apply for United States citizenship (naturalization) after several years. Conditional lawful permanent residents are also entitled to live and work in the Read More

Is it possible to apply for a Green Card while in the USA? The question of whether you can stay in the United States while you apply for a Green Card (lawful permanent residence) is a more complex question than it sounds. Some background is necessary to answer the question. An application for lawful permanent Read More

What can I do if my spouse has a work visa in the United States? There are many types of visas that give work authorization. These visas usually allow spouses and minor children to come to the United States as “derivatives” so the family can stay together. The most common work visa is the H-1B, Read More