This is a common question we receive, especially when the applicant's birth country is subject to long backlogs. Generally, the visa bulletin's rule is that you must use your country of birth. This means that if you were born in China but are now a Canadian citizen, you are still subject to the...
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.
U.S. Department of State Issues Revised Visa Bulletin
On September 10, 2015, we reported that the Department of State (DOS) issued a new Visa Bulletin format for October 2015, with two separate cut-off dates one relevant to when an I-485 application may be filed and the other controlling the date on which DOS or USCIS could approve an immigrant visa...
U.S. Department of State Introduces New Visa Bulletin Format for FY2016
On September 9, 2015, the U.S. Department of State (DOS) released the October Visa Bulletin. This is the first Visa Bulletin of the Fiscal Year 2016, which for the federal government runs from October 1, 2015 through September 30, 2016. On September 9, 2015, the U.S. Department of State (“DOS”) ...