Adjustment of Status Application

Immigration Reform: Will Registered Provisional Status Lead to Permanent Residence?

Undocumented immigrants

Senate Bill 744, otherwise known as the Gang of Eight’s Comprehensive Immigration Reform Bill was passed by the Senate Judiciary Committee and has begun debate on the Senate floor.  While debating the bill on the Senate floor, it is my hope that a special emphasis on the visa numbers is analyzed and discussed.  It is my opinion that the current Immigration system has been severely damaged due to the insufficient Immigrant Visa Numbers and the lack of available non-immigrant and immigration visa options.  Big picture the structure of the Senate Bill is fair and does address the current problem.  But as we all know the devil is in the details and the details that caused the current immigration problem should be analyzed, solutions proposed and debated.  In other words, does Senate Bill 744 address the causes of the current immigration problem?  More specifically, are there adequate visa numbers available to eliminate the backlog and allow the current undocumented persons in the US a realistic path to citizenship?… Continue reading...

Posted in Adjustment of Status Application, Comprehensive Immigration Reform, Current Immigration News, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers, Waiver of Admissibility, Waiver of Inadmissibility | Tagged , , , |

Celebrity Immigration 101 – Divorce, EB1 Green Card, O-1 Visa

Russell Brand and Katy Perry’s current divorce and hypothetical effects on Russell Brand’s immigration status.  As we all know, Katy Perry is a famous pop singer and to my knowledge a US Citizen.  Russell Brand is an actor and comedian from England who married Katy Perry in October 2010.  The marriage attracted quite a bit of publicity as they are both young and famous in their own right and in their own country – United States and Britain.  So based on Russel Brand’s background as a foreign national in the United States, what immigration options does he possibly have?

EB1 Extraordinary Ability Green Card
Let’s assume that Russell did not file for a National Interest Waiver or EB1 based on Extraordinary Ability.  Whether Russell’s past performances are “extraordinary” is debatable.  However, as an immigration lawyer that works on all type of employment and family based immigration cases, I am confident of getting his EB1 Extraordinary Ability approved.… Continue reading...

Posted in Adjustment of Status Application, EB1 Extraordinary Ability, Immigration Lawyer Blog, Marriage Based Green Card, Removal of Conditions | Tagged , , , |

Celebrity Immigration 101: Tiger Woods Ex-wife’s Immigration Journey!

In law school, we learn through case studies and from those cases we create hypothetical.  There is a lot of value in creating different scenarios and analyzing a legal situation from different angles.  Viewing situations from different angles due to different scenarios creates a strong understanding.  Going forward I would like to review current topics for foreign celebrities and do an analysis.  This should aid our readers in understanding immigration and perhaps get a better idea of their current immigration situation.

Tiger Woods

Tiger Woods’ ex-wife Elin Nordegren
The first case study is Elin Nordegren, the former spouse of Tiger Woods.  As you know, Tiger Woods was the world’s number one golfer and may be among the best golfers that has ever played the game.  Tiger and his former wife Elin had an argument and Tiger Woods was found outside of his mansion wounded in his SUV.  There is speculation that Elin was chasing Tiger with a golf club.… Continue reading...

Posted in Adjustment of Status Application, J Visa, Marriage Based Green Card | Tagged , , |

What does turning 18 mean to you if you are an “alien” in the U.S?

Unlawful Presence – Enter Without Inspection
One of the most frustrating things an Immigration lawyer can encounter are limited options for a client. As a Chicago based immigration attorney, I take my job very seriously and my heart is with our clients and their cases. A common story that we hear is: A client walks in the door, usually from Mexico, they were brought here to the United States illegally as an infant by their parents. The parents did not have a visa and were not inspected by a Customs Border Patrol Agent at the border. They simply sneaked across the border in some capacity and did not request entry with a visa such as a K1 fiancée visa, H1b visa, TN visa, or other common type of visa. So because the parents did not have a visa, obviously the child did not have a visa either. Years go by, the family lives and works in the US, the children go to school, make friends, have dreams, and all in all are living just like other Americans except they do so without a legal status and constantly need to look behind their shoulder not get caught.… Continue reading...

Posted in Adjustment of Status Application, Waiver of Inadmissibility | Tagged , |

Should We Apply for a Marriage Visa (K3), Immigrant Visa, Fiance Visa (K1), or Marriage Green Card & Adjustment of Status?

A common question we hear is, “what should we do, should we apply for a k1 fiance visa, k3 marriage visa, an Immigrant Visa, or marriage green card adjustment of status?” Our common response is, it depends on your individual circumstances. The first factor is under immigration law what the client’s are eligible for. For example, is the beneficiary in the United States on a valid visa, have they accrued unlawful presence, is the US Citizen overseas or in the US. This is the most important question so as to determine what the clients are eligible for. The second factor is when and where do the clients want to get married? If the fiancé is overseas, and they can wait the 6 to 12 months for the case to be adjudicated, then the answer is a fiancé visa is the appropriate visa. Alternatively, is the fiancé in the US on a valid visa such as a student visa or h1b visa?… Continue reading...

Posted in Adjustment of Status Application, K1 Fiancé(e) Visa, Marriage Based Green Card | Tagged , , , , |