President Trump’s executive order on immigration barred citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen from entering the US for at least 90 days. Yesterday, 01/29/2017, the US Department of Homeland Security released a statement that the executive order does not apply to the entry of lawful permanent residents (US green card holders).
Most immigration attorneys are still not recommending that citizens of the seven listed countries travel outside the US at this time, even in light of this recent statement. See Sound Immigration’s Post for more details.
Canadian visitors to the US do not need a visa, and generally are lawfully admitted to the US for six months. However, recently, some Canadian visitors have been have been learning that US Customs and Border Patrol (CBP) authorized one of their previous trips for a shorter period than expected. This can cause problems with unintentional overstay.
Happy New Year and best wishes for 2017! A new year is a time for goals and resolutions, which may include applying for US citizenship, renewing a green card, or meeting with an attorney to discuss available immigration paths.
Applicants should be aware that USCIS is beginning the new year with recently updated fees and forms for almost all immigration cases.
Asylum applicants, applying affirmatively with USCIS can wait years for their applications to process. During this wait time, an applicant can apply for an employment authorization document (EAD), also called a work permit using form I-765. In general, applicants can apply for the EAD once their affirmative asylum application has been pending with USCIS for at least 150 days. Although there is no fee to apply for the initial work permit, almost all applicants need to apply for at least one more work permit, and subsequent EAD applications do require a fee.
Although the processing time for work permits is supposed to be 90 days, USCIS sometimes processes outside of the 90 days. This can be difficult and frustrating for an applicant who may be required to stop working while awaiting their EAD renewal.
USCIS has put in place a new 2 year EAD that should help with some of these frustrations. Effective October 5, 2016, USCIS increased the validity period for both initial and renewal work permits to two years. The change applies to all I-765 applications with category (c)(8) that are pending on October 5th, or submitted on or after this date.
USCIS released a message earlier this month stating that eligible students can apply for naturalization in the state where they attend school, or in the state where their family lives as reflected in the USCIS Policy Manual.
Who is eligible?
* Students 18 years of age or older who are applying for naturalization
* who attend educational institution in a different state from where their family lives
* and who are unmarried and financially dependent on their parents.
How does this benefit students?
Eligible students may apply for US Citizenship in the state where they attend school, rather than applying from their parent’s home state. This is helpful since the naturalization process takes months, and requires a biometrics appointment at the local USCIS office. Students who apply from the city where their University is located will not need to travel to their parents state to be fingerprinted, and to be interviewed by USCIS.
Q: I’m a Canadian citizen married to a US citizen and I’ve never applied for adjustment of status or green card. Can I bypass the green card and apply for citizenship since I’ve been married and living in the USA for 5 years?
A: No, based on what you’ve described, you are not eligible to apply for citizenship. I think you may be confusing several regulations and procedures. A permanent resident (green card holder) is eligible to apply for citizenship after holding permanent resident (green card) status for about 3 years if she or he is married to a US citizen. However, since you do not have a green card, you would not be eligible to apply for citizenship. You’d need the green card (permanent resident status) first.
The US Supreme Court’s decision on United States v. Texas is expected very soon. There are two main initiatives in dispute in this lawsuit regarding President Obama’s executive actions on immigration:
Deferred Action for Parental Accountability (DAPA), and
Expanded Deferred Action for Childhood Arrivals (DACA expansion)
What is the Court considering?
The Court is considering several main issues:
- Do states have standing to bring this lawsuit?
- Do expanded DACA and DAPA violate federal law or procedures with these initiatives?
- Do DAPA and expanded DACA violate the constitution?
|Q: I’m on an F-1 OPT visa right now after completing my master’s degree. My OPT finishes in August and I’d like to stay longer. What options would I have?
A:Congratulations on completing your master’s degree, and I hope your OPT internship is going well.
Yes, this is a common situation for F-1 students. As you are likely aware, it does not sound like you would be eligible for a STEM OPT extension
, even if you have stem-based OPT since your current program is not valid for an additional 150 days. You may have a few options, though.
236,000 apply for H-1b visas, about 1 in 3 will be approved
On April 7th, 2016, USCIS announced it had completed the H-1b cap random selection process. The H-1b visa allows certain foreign national workers holding a bachelor’s or higher-level degree or to be temporarily employed in the US. Employers apply for the visa on behalf of foreign national employees, and the visa allows the employee to work for that employer.
H-1b visas are capped at 65,000 plus an additional 20,000 for applicants with US master’s degrees. As the number of applicants usually exceeds 85,000, USCIS uses a lottery system to select petitions to approve. This year USCIS received 236,000 applications for H-1b visas, so only about 1 in 3 will be approved. The number of applicants only increased a small amount from last year, as shown in the table below.
Q: Who can apply for and benefit from the new 24-month STEM OPT extension?
A: New STEM OPT applicants, and some students who have already applied or already received an extension under the old program will be able to benefit from the new 24-month STEM extension. Here’s a breakdown of the OPT program and new STEM extension: