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.
By Grace Vensel To become a naturalized citizen of the United States, Section 312 of the Immigration and Nationality Act (INA) requires applicants to demonstrate an understanding of the English language, as well as knowledge of U.S. history, principles, and the form of government. One of the key...
Effective October 28, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer accept paper checks and money orders as payment of filing fees. In place of paper payments, USCIS has implemented an electronic payment system that either authorizes the agency to directly withdraw filing fees from a U.S. bank account or to charge a U.S. issued credit card. This article explains why USCIS has made this change, how applicants must now submit filing fees, and important considerations to keep in mind.
by Daniela A. Hoegerle On March 6, 2025, the Council on American-Islamic Relations (CAIR) advised lawful permanent residents and other immigrants originating from Muslim-majority countries legally present in the U.S. to avoid overseas travel for the next 30 days. This announcement comes after an...
On February 28, 2025, Department of State announced that it has now issued all available immigrant visas and green cards in the Employment Based Fourth Preference (EB-4) category for FY2025. The EB-4 category includes: Religious workers Special Immigrant Juveniles Certain broadcasters comi...
by Adam J. Kneeland On February 18, 2025, the Department of State (DoS) updated the categories of applicants eligible for a visa interview waiver. The eligible categories are as follows: Applicants who previously held a visa in the same category that expired less than 12 months prior to the...
With USCIS's confirmation of the registration schedule on February 5, 2025, we have officially entered the FY 2026 H-1B cap season. What is cap registration? Before working in H-1B status for the first time, most non-immigrant employees must be selected in a random lottery. An employer can ...
Beginning January 22, 2025, USCIS announced that it will waive any and all requirements that Adjustment of Status applicants present documentation of the COVID-19 vaccination. The announcement posed on the Form I-485 webpage states that: USCIS will not issue any Request for Evidence (RFE) or No...
On December 2, 2024, USCIS updated the Form I-693 Report of Immigration Medical Examination and Vaccination Record instructions. The update states that most Adjustment of Status applicants must now submit the completed medical exam at the same time as their Form I-485. Previously, USCIS has en...
Applicants for naturalization are required to show that they have maintained good moral character during the statutory 3 or 5 year period prior to filing a Form N-400. The statutory period will depend on the category under which you are applying for naturalization. USCIS must find that you have ...
By Grace Vensel U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance regarding form I-693, Report of Immigration Medical Examination and Vaccination Record. Non-citizens applying for immigrant status must file form I-693 to demonstrate that they are not inadmissible to the United States on health-related grounds. According to the policy guidance, a properly completed form I-693 that has been signed by a civil surgeon on or after November 1, 2023 does not expire and can be used indefinitely.
by Grace Vensel and Emilie Gough On June 18, 2024, the Biden-Harris administration and the Department of Homeland Security (DHS) announced “Keeping American Families Together”, an initiative to ensure that certain noncitizen spouses and children of U.S. citizens are able to apply for lawful per...
For family-based immigrant petitions – and some employment-based immigrant petitions – the Form I-864, Affidavit of Support Under Section 213A of the INA must be submitted in order for permanent residency to be approved. The Form I-864 is a binding contact between the sponsor and the US gover...
By Grace Vensel Throughout the months of June and July, the Department of Homeland Security (DHS) extended and re-designated Haiti, Yemen, and Somalia for Temporary Protected Status (TPS) for an additional 18 months. What is TPS? How can it benefit individuals from these countries? ...
By Adam J. Kneeland With USCIS's recent confirmation of this year's registration schedule, we have officially entered the FY 2025 H-1B cap season. This year brings some significant changes that will affect how USCIS selects candidates. New Changes to Registration Starting this year, USCIS w...
On January 30, 2024, United States Citizenship and Immigration Services (USCIS) announced that it would be making significant changes to filing fees for certain immigrant and naturalization requests. For the first time since 2016, USCIS published the Final Rule to adjust filing fees for various nonimmigrant, immigrant, and naturalization forms. The Final Rule goes into effect on April 1, 2024. Any application or petition that is postmarked on or after this date must include the proper forms and filing fees established under the Final Rule. Here are some key pieces of information to know before the new changes apply.
By Daniela A. Hoegerle Who is eligible? In order to apply for citizenship, the military member must meet all the requirements of either section 328 or 329 of the INA. If the military member served honorably in the U.S. armed forces for at least one year at any time, he or she may be eligible to...
By Daniela A. Hoegerle What are the ways to bring my adopted child to the U.S.? The first way to bring an adopted child born abroad to the United States is through the Orphan process, which generally requires the adopting parent to file Form I-600A, Application for Advance Processing of an Orph...
By Daniela A. Hoegerle Is my fiancé eligible?A petitioner may be eligible to bring his or her fiancé(e) to the United States on a fiancé(e) visa if the petitioner meets the following requirements:• He or she is a U.S. citizen;• He or she and his or her fiancé(e) intend to marry one another...
On December 27, 2023, USCIS announced that it would be increasing the Premium Processing filing fees in 2024 to account for inflation. The new fees will take effect on February 26, 2024. All Forms I-907, Request for Premium Processing Service postmarked on or after February 26, 2024 will be requi...
By Daniela A. Hoegerle Is my spouse eligible? A spouse, for immigration purposes, is a legally wedded husband or wife. Mere cohabitation does not qualify as marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where th...
We've finally learned the exact details of the 2024 domestic H-1B visa renewal pilot program expected to start in 2024. In details published in the Federal Register, we have learned the following information: How many applications will be accepted? 20,000 total, with 4,000 application slots ...
ESTA, or the Electronic System for Travel Authorization, “is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).” Eligible applicants can submit their ESTA application online at any time before travel to the United...
The terms “visa” and “status” are often used interchangeably in informal discussions about the immigration process. However, in immigration law there is a distinct difference between these terms. Having a valid visa does not automatically mean you have a status in the United States. In fact, you ...
Automatic visa revalidation (AVR) is a provision of immigration law that allows certain qualifying individuals to re-enter the United States after a brief trip of 30 days or less to Mexico, Canada, or “adjacent islands”* with an expired visa. Who is eligible for AVR? Nonimmigrants who: Hav...
Generally, Lawful Permanent Residents (LPR) are eligible to apply for citizenship after 5-years of having their green card. Certain residency and physical presence requirements must be met in order to apply for naturalization. Any lawful permanent resident who is a spouse of a US citizen – or w...