by Richard Bracken | Nov 3, 2014
Currently, one of the more common waivers needed to immigrate to the United States is the Unlawful Presence waiver. It is made necessary when a person is in violation of INA §212(a)(9)(C)(i)(II). This particular waiver is often required for intending immigrants who...
by Richard Bracken | Nov 18, 2013
An unexpected policy change by the Obama administration occurred on November 15, 2013, extending the current policy of granting Parole in Place (PIP) for the spouses of military members to also include the parents and children of not only military service men and...
by Richard Bracken | Jun 29, 2011
Immigrant spouses of military service men and women sometimes face big obstacles if they have entered the U.S. without a visa and have not been inspected by a border or customs official. This is commonly referred to as “entry without inspection” (EWI). Most...
by Richard Bracken | Feb 9, 2010
On December 15, 2009, the “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009”, or “CIR ASAP” for short, and was introduced in Congress. Highlights of the bill include an “earned legalization” program for those undocumented immigrants...
by Richard Bracken | Jan 20, 2010
In response to the unimaginable devastation that occurred as a result of the January 12, 2010 earthquake in Haiti, the U.S. government has announced that it will grant Temporary Protected Status (TPS) to qualified Haitian nationals. This means that to qualify you do...
by Richard Bracken | Jan 5, 2010
In the unfortunate event that a U.S. citizen spouse dies before being able to file documentation to legalize their alien spouse, there may be options. For many years, aliens in this regrettable situation were in a sad form of legal limbo. In 2009, the U.S....
by Richard Bracken | Nov 18, 2009
There is an exception to the two-year meeting requirement in instances where both parties cannot meet because of either extreme hardship or due to a long established custom. 8 C.F.R. §214.2(k)(2). USCIS is granted wide latitude in determining whether to waive the...
by Richard Bracken | Nov 11, 2009
Individuals who have been granted lawful permanent residency through his or her spouse, and within two years of entering the marriage, are usually deemed to be “conditional” permanent residents. Under the law, conditional permanent residents must follow a...
by Richard Bracken | Oct 12, 2009
Nearly every case for a visa is ultimately decided within a U.S. Consulate abroad, sometimes referred to as a U.S. embassy. Each Consulate processes cases differently; nevertheless, the Consulate will eventually communicate with the parties at some point. The way it...
by Richard Bracken | Oct 9, 2009
Problems can arise at the Consular interview that can be fatal to attempts to obtain a visa. In filing for a k-1 fiance for instance, determinations by a Consular official that the beneficiary is seeking the visa to enter the U.S. rather than for the sole purpose of...