Today, the USCIS published a final revised policy memorandum related to the calculation of unlawful presence for international students in the F, M and J visa categories.  Under this revised final policy memo, effective 8/9/2018, international students and exchange visitors who fall out of status and timely file for reinstatement will have their accrual of unlawful presence suspended while their reinstatement application is pending.

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Hong Kong is one of the most extraordinary cities in the world. Having the privilege to earn a Masters degree in International and Chinese Law, making regular business trips as a immigration lawyer, and just out right touring Hong Kong, I have spent a lot of time in the city. It’s fascinating to see the…

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Opposition to immigration has become a major political ideology in many countries. In the U.S. we are known as a land of the free and a home of the immigrant and have long been welcoming immigrants from different parts of the world regardless of their religion, education, cultural backgrounds. What about undocumented or illegal immigrants?…

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Since the last time we discussed on military parole in place in 2019, the law has not changed in terms of the validity of this immigration protection. Although back in 2019, certain media outlets reported that military parole in place would be terminated and the rise of denials for reasons that not normally given were…

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On 8/09/2021, U.S. Citizenship and Immigration Services (USCIS) announced that those who apply for green cards within the U.S. will now be able to file for social security cards concurrently. If you’re applying for an adjustment of status based on marriage, family or employment, you will now be able to apply for your social security…

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In June 2021, U.S. Attorney General Garland has issued a decision in Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021), vacating both Matter of A-B- (2018) and Matter of L-E-A- II, the cases that had disqualified individuals the right for asylum even though their immediate family member was persecuted and they were under the same threats or…

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If you are required to appear to the Immigration Court in removal proceedings, it is because the U.S. Government believes you are removable from the United States under one or more provisions of the Immigration and Nationality Act (“INA”). However, this may not mean that you face imminent removal from the United States. Instead, it…

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NIW Client’s Credential: Engineer with Ph.D. in Chemistry specializing in Dialysate Regeneration SystemsWhen was it filed? In 2020 during Trump’s AdministrationRequest for Evidence? The case was approved without RFE Not long ago, a chemical engineer reached out to Cipolla Law Group for filing an EB-2 NIW (National Interest Waiver) petition on his behalf. With a…

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On February 8, 2021, USCIS published a notice delaying the effective date of a final rule on the H-1B selection process until December 30, 2021. That means this year (or FY2022), the H-1B selection process for H-1B cap-subject petitions will remain the same as in 2020. Any prospective H-1B beneficiaries or employers will need to start their…

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A small boutique airline services company that had never employed an H1B Beneficiary previously reached out to us about a potential employee.  The employee had a Business Administration degree while his role related to develop pricing models.  We worked with the employer and beneficiary on the H1B requirements, and in particular a role that could potentially be interpreted by USCIS as…

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