Canadian citizens are eligible in most instances* to apply for TN or L-1 status directly at a Port of Entry. The process allows for a quicker decision – on the spot as opposed to waiting to hear back from USCIS – and the ability to enter the US immediately following approval if needed. Previously...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).
Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
What is Port Parole?
Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Parole is a unique authority reserved to U.S. Customs and Border Protection at the port of entry. Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Pa...
What is Automatic Visa Revalidation?
Most foreign nationals entering the United States on a temporary basis as nonimmigrants are required to first obtain a visa at a U.S. consular post abroad. A visa grants its holder permission to apply for admission to the United States. The visa does not guarantee admission, however. Most foreig...
What is Unlawful Presence? An Overview of Historic Agency Interpretation of the 3 and 10 Year Bars, and CBPs Radical Departure from Longstanding Guidance
Any discussion of unlawful presence should begin by differentiating unlawful presence from being out of status. Anyone who violates their nonimmigrant status is immediately out of status until they or the government acts to restore that status. Any discussion of unlawful presence should begin by...
CBP to Open 10 New Pre-Clearance Operations
U.S. Customs Border Protection (CBP) has announced that it plans to open 10 new Pre-Clearance Operations. U.S. Customs & Border Protection (“CBP”) has announced that it plans to open 10 new Pre-Clearance Operations. Pre-Clearance operations currently exist in several Canadian airports as well as...
Southern Border Tour
On May 5 and 6, 2015, Attorney Danielle Rizzo was among a select group of AILA members invited to attend a southern border tour with members of U.S. Customs and Border Protections Washington, D.C. headquarters office. On May 5 and 6, 2015, Attorney Danielle Rizzo was among a select group of AIL...
I-94 Automation Issues
Form I-94 is the admission document issued to most individuals who enter the U.S. in a status other than as a U.S. Citizen or Permanent Resident. Historically, the I-94 Form was a small white card which was stapled into ones passport at the time of entry. Form I-94 is the admission document issu...