In Kerry v. Din, the U.S. Supreme Court will revisit the well-settled doctrine of consular non-reviewability. The Court’s decision will determine whether immigrant families and U.S. employers affected by the Department of State’s (DOS) decisions to deny a visa have the right to know the factual basis for the denial. Under the doctrine of non-reviewability, the DOS has claimed “complete discretion” over its decision to deny visas, which can lead to permanent family separation and the […]Continue Reading
Mexicans can now obtain copies of their Birth Certificates in the U.S.
To obtain certified copies of their birth certificates, Mexican nationals should visit the nearest Mexican consulate in the U.S. They will need to present an official proof of identity, fill out an application and pay a fee of $13 per certified copy, and, if they have it, provide their Clave Única de Registro de Población (CURP). This is a tremendous benefit to the millions of Mexican citizens living in the U.S. that might need copies […]Continue Reading
It is Time to Start Planning for New H-1B Visa Filings!
The USCIS will begin accepting H-1B petitions, that are subject to the FY2016 cap, on April 1, 2015. The demand for new H-1B visas is expected to be higher than last year, when the demand for H-1B visas exceeded their availability. Last year, the USCIS conducted a computer-generated lottery to select FY2015 H-1B petitions for processing. The USCIS received approximately 172,500 H-1B petitions for the allotted 85,000 cap-subject H-1B spots. After the 20,000 U.S. advanced-degree cases were selected, […]Continue Reading
Will the President’s Executive Action have an Impact on Priority Dates?
At this time, the President’s executive action is not expected to have a significant impact on the priority date cut-off movement. The President outlined broad plans for modernization and pre-registration of the adjustment of status (AOS) applicants whose priority dates are not current. His plan is to limited to pre-registration filings with the USCIS and would not render the applicants eligible for an immediate “green card.” The plan proposes to “Modernize the Employment-Based Immigrant Visa System” and […]Continue Reading
Seventeen states including; Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin have filed suit in federal court challenging the constitutionality of the President’s executive action. The main issues of the dispute are the constitutionality over the Deferred Action for Childhood Arrivals (“DACA”) and Deferred Action for Parental Accountability (“DAPA”) programs. The programs allow certain undocumented young adults and their parents to […]Continue Reading
Under the new regulations, U.S. and Chinese business and tourist visa applicants may be able to obtain 10-year multiple-entry B nonimmigrant visas. Previously, the B visa validity was for one year. Students and exchange visitors can now apply for 5-year multiple-entry F, M, or J visas. Chinese citizens are the largest applicants of B nonimmigrant visas to the U.S. and these visa changes are likely to increase the number of these applications. To […]Continue Reading