By Atty. Chris Caday Lozano A new immigration-restricting regulatory initiative from the Justice Department that has been tied up in the federal courts got at least a temporary green light from the Supreme Court in a 5-4 ruling putting aside a lower-court hold on its implementation...
By Atty. Crispin Caday Lozano The USCIS provided additional guidance on the definition of "extreme hardship." To be granted a provisional waiver, applicants must demonstrate that their absence from the United States would cause "extreme hardship" to a spouse or parent who is a U.S. citizen...
By Atty. Crispin Caday Lozano When you filed a petition for a spouse to immigrate to the United States, the first question that you must answer is whether your marriage is in good faith and not for immigration purposes only. The USCIS uses many verification methods...
By Atty. Chris Caday Lozano Sometimes, for lack of guidance from an experienced immigration attorney, applicants for immigration benefits, including those seeking K-1 or K-2 visas, makes a fraudulent action or willful misrepresentation. In these cases, the applicants are required to file Form I-601 or Application...
By Atty. Crispin Caday Lozano When a person applies for a temporary visa to the United States, a person must actually have an intention to remain in the United States on a temporary basis and be limited by the rules of that visa. Similarly, when a...
By Atty. Crispin Caday Lozano In some cases containing weak documentary relationship evidence, the adjudicator may refer the case for an investigation. This additional scrutiny may include deep public record searches, an early morning visit at their home, and interviews with neighbors, family and co workers. How...
By Attorney Crispin Caday Lozano When may you reopen your case if you are deported in absentia? You may file Motion to Reopen with the Immigration Court if you did not receive proper notice of the hearing. For example, if the NTA was mailed to an incorrect...
By Atty. Crispin Caday Lozano The policy of issuing a Notice to appear (NTA) was revised on October 1, 2018. DHS will issue Form I-862 Notice to Appear (NTA) for denied Form I-485 Adjustment of Status Applications and Form I-539 Application to Extend/Change Nonimmigrant Status. In...
By Atty. Crispin C. Lozano What is being blocked by a Federal Judge? A federal judge in Oregon blocked President Donald Trump's bid to deny immigrants visas unless they buy health insurance within 30 days of entering the country or otherwise show they can cover their medical...
By Attorney Crispin Caday Lozano The ICE Director notified us that those already deported by Immigration Judge are their first priority. I discussed in my previous article about how to handle ICE raid. When may you reopen your case if you are deported in absentia? You may file...
On August 23, 2019, in the BIA case Matter of P. SINGH, the board issued a ruling about the evidence required to deny a petition for an alien who was previously charged an INA 204 (c) violation for marriage fraud. The BIA enumerated the following are...
By Atty. Crispin Caday Lozano The final action date under the Visa Bulletin for November 2019 is now current. On the other hand, the filing date for the November visa bulletin is for petitions filed before September 1, 2019. Despite this difference, the USCIS determines that...