Monitoring practical developments in immigration law practice, theVISAGeek™ provides timely and insightful immigration law guideposts

TheVISAGeek™ is a publication of the immigration law firm of Lipson & Pretorius LLP. With over 50 years combined experience, we focus on immigration law for Entrepreneurs, Start-ups, Investors, Business and Research professionals as well as Artists and Entertainers worldwide.

 

Immigration Lessons learned from English Soccer

Immigration Lessons from English Soccer by MICHAEL MORITZ Reprinted from Wall Street Journal, April 4, 2011: San Francisco Here in Silicon Valley, immigrants and first-generation Americans provide the drive and hunger for almost every company worth its salt. But these days protectionism and xenophobia are choking off the supply of H1-B visas for the best… Read more »

Maintenance of Status

Three tips – applying for an employment-based green card: Maintenance of Status By statute and by policy memo USCIS can only evaluate whether you have maintained status from the date of your last valid legal entry until the filing of your adjustment of status in an employment-based green card context. Failure to maintain status through… Read more »

Green Cards: Citizenship Application After Divorce

Green card was based on marriage ? Applying for citizenship  – even after divorce. There seems to be a new trend at USCIS in cases where the underlying green card was based on marriage but where the citizenship application is being filed after five years because the marriage ended in divorce. We know that when… Read more »

Avoiding J-1 Home Residence Requirement

J-1 Tip:  Avoid 2-year home residence requirement if you’ve resided in more than one country Did you ever notice that the Form DS-2019 asks for your last legal permanent residence? If you are a national whose country and skills are listed on the skills list, with a mandatory two-year home residence requirement, perhaps you spent… Read more »

NIW/EB-1 winners

Clearer rules for a winning case:  Extraordinary Ability & Outstanding Professor/Researcher Under the new USCIS guidelines, we have more concrete guidelines for constructing a winning case. In a new policy memo that amends previous guidelines for USCIS examiners, USCIS has now walked through each of the possible evidentiary categories and clearly stated what they are… Read more »

Fulbright J-1 waivers: Timing

Yesterday I met with a couple from Venezuela. She is here on a J-1 completing her Ph.D. studies. Her husband is on a J-2 with an EAD or work permit. She had completed her M.S. studies on a J-1 with a Fulbright. She asked an excellent question that invariably comes up when evaluating all aspects… Read more »

EB-1 Evidence Standards

Clearer rules for EB-1 academics and researchers On August 18, 2010 USCIS published its policy memo revising and making clearer the evidentiary standards for EB-1 Outstanding Professors/Researchers and Individuals with “Extraordinary Ability”. The new standards are a direct consequence of a Federal lawsuit (Kazarian vs. USCIS in the 9th Circuit) challenging the USCIS habit of… Read more »

No Objection Statement

Comments have come in as to where and when to obtain the No Objection Statement for a J-1 waiver regardless of whether the funding comes from the home country or the U.S. All No Objection Statements must be obtained from the Embassy of the home country located in Washington DC. The actual statement should be… Read more »

Benefits of U.S. Citizenship

Now that you have successfully obtained permanent resident status, or the green card, we would like to highlight for you the benefits of naturalizing as a U.S. citizen. Remember that unlike citizenship, a green card is a privilege and not a right and can be taken away from you for various reasons. Added Security United… Read more »

Asylee Government Benefits: Now what?

Now that you have successfully received asylum what benefits can you expect? Congratulations! You have received political asylum either from the Asylum Office or from the Immigration Court. This means that you have been granted ASYLEE status INDEFINITELY. You should have the most important document, a Form I-94, which indicates that you have been granted… Read more »