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  • Marriage to USC or LPR after Illegal Presence: Same Factors, Different Timing Posted on Friday, February 8, 2019
    A foreign national who entered the U.S. illegally or overstayed his/her visa may be able to get a green card through either a U.S. Citizen (USC) or Lawful Permanent Resident ...
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  • To File or Not to File? Income Tax Season Approaches Posted on Thursday, January 31, 2019
    With April 15 looming, undocumented immigrants may be wondering if they should file income taxes. Although tax law requires everyone who earns over a certain amount to file ...
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  • F-1 Students Must Be Ready for February 5 Posted on Thursday, January 31, 2019

    If you are an F-1 student in "duration of status," on February 5 you might wake up having accrued 180 days "unlawful presence." That's even if, to your knowledge, you have never violated your status.

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  • Silence from The Supreme Court, DACA Protections Still in Place Posted on Friday, January 25, 2019

    The most recent Deferred Action for Childhood Arrivals (DACA) ruling, a Ninth Circuit appeals decision allowing current recipients to renew their two-year grants of protection, will remain in place until at least next fall.   

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  • When the O-1A Alternative to H-1B Makes Sense Posted on Friday, January 25, 2019

    Bad luck in the H-1B lottery can land foreign nationals and their employers in a pickle.  Same is true if the employee’s sixth year of H-1B is about to come to a close, and there is not enough time to file a PERM or other immigrant case. 

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  • Scrutiny in Citizenship Cases Posted on Friday, January 25, 2019

    One method Permanent Residents can use to strengthen their rights and their influence in the U.S. is to become a citizen.  There is no question that all the protections in the Constitution then apply to the individual, and he or she can vote in national elections.

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  • USCIS Memo on Denying Cases Without RFE/NOID Posted on Tuesday, December 4, 2018

    In July, USCIS published a new policy memo allowing USCIS adjudicators to deny immigration-related applications or petitions without first issuing a request for evidence (“RFE”) or a Notice of Intent to Deny (“NOID”).

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  • DACA Update 8/31/2018 Posted on Friday, August 31, 2018

    DACA renewal filings allowed to continue: A federal judge in Texas, Judge Hanen, has ruled to at least temporarily allow DACA filings to continue. The state of Texas, joined by six other states, had sued the Federal government, claiming that the DACA program begun under President Obama was illegal.

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  • DACA Update 8/9/2018 Posted on Thursday, August 9, 2018

    The last week has been an eventful week for DACA, as two different hearings were held in federal court: First, on August 3, 2018, a federal judge from the District of Columbia ordered the federal government to fully restore the DACA program.

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