What Constitutes a Conviction for Immigration Purposes?

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Failure to understand all that is encompassed by immigration law’s definition of “conviction” may lead to unanticipated immigration consequences, some of which could be severe. The Immigration and Nationality Act, commonly referred to as the INA, provides...

What is a Visa and When is it Required?

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To attend a sporting event as a spectator, a ticket is required for admission. Similarly, a U.S. visa is required for a foreign national to seek entry to the United States. There are two types of visas: 1) immigrant visas; and 2) nonimmigrant visas....

Final Rule Announced by DHS Regarding Changes to the H-1B Lottery

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As you may recall from our previous article on November 30th the Department of Homeland Security (DHS) published proposed changes to the H-1B lottery procedure. This morning DHS posted its final rule regarding H-1B cap-subject petitions, which is scheduled...

ICE Raid for Students Granted CPT at University of Farmington

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Reddy & Neumann, PC has received multiple reports that at 6:00 a.m. this morning, Immigration and Customs Enforcement (ICE) has raided multiple worksites containing Day 1 CPT students authorized by the University of Farmington, located in Farmington...

Is Your Child Aging Out?

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The term “aging out” occurs when a “child” applies for an adjustment of status and/or an extension of nonimmigrant status, but during the adjudication of the application the “child” turns 21 years old and is no longer eligible to receive the requested...

The End of the United States Immigrant Path – Citizenship

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For many immigrants to the United States the ultimate goal is gaining citizenship. There are two ways to become a United States Citizen, 1) to be born within the United States, or 2) through naturalization. This article will focus on the most common...

Denied Entry Because of Day 1 CPT

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Overview of F-1 and F-1 Work Authorization People coming to the United States to study typically enter the US on an F-1 student visa. In addition to allowing the F-1 visa holder to study in the US, there are options to work on an F-1 visa. There is...

What Does Culturally Unique Mean? An Overview of the P-3 Visa

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Culture is defined as the customs, arts, social institutions, and achievements of a particular nation, people, or other social group. This broad definition carries over into the P-3 visa process. The P-3 nonimmigrant visa allows foreign artists and...

Federal Court Litigation for Business Immigration Cases

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At the 2018 American Immigration Lawyers Association (AILA) National Conference, a common topic of discussion was the fact that the increased issues facing business immigration from USCIS has led to a dramatic shift in where people go for business...

Verifying Lawful Presence for Your Driver’s License

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There is nothing fun about going to the DMV to renew or apply for your driver’s license, especially when you get to the end of the line only to be sent home because you forgot to bring the right documentation. To avoid any delays, this article will...

K-1 Fiancé Visa

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If you are a U.S. citizen wanting to bring your fiancé into the U.S. to get married, you may petition for his/her K-1 visa, also commonly known as the “fiancé visa,” by filing form I-129F, Petition For Alien Fiancé(e). This visa can be valid for up...

Federal Court Temporarily Blocks Trump Administration’s Asylum Ban

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Asylum is a protection granted to certain foreign nationals already in the United States or at the border of the United States. An applicant for asylum must satisfy three basic requirements to obtain asylum: 1) the asylum applicant must establish...

New LCA Form for H-1B Workers Effective Today

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Prior to filing an I-129 petition with USCIS, employers must submit a Labor Condition Application (LCA) to the Department of Labor attesting to compliance with the requirements of the H-1B, H-1B1, or E-3 program. Starting today, November 19, 2018,...

An Analysis of the P-1 Visa

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When a kid from Argentina signs a contract to play in the NBA, the last thing on their mind is how they will obtain work authorization in the United States.  Luckily, these individuals typically have access to attorneys who can guide them through the...

Travel FAQs: Be Prepared Before Traveling Internationally

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As the holiday season approaches, many are making plans for travel over the next couple of months. For holders of nonimmigrant visas however, international travel can be risky – employment-based visa processing at consulates remains under heightened...

Trump’s Latest (Hollow?) Threat: Axing Birthright Citizenship

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In an interview released Tuesday October 30, President Donald Trump said he is planning to end the practice of “birthright citizenship”—the longstanding notion that those born in the United States are citizens—by way of executive order. Until the President...

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