Reeves: File those H-1Bs now
THE immigration community is preparing itself for the exhaustion of the H-1B cap. The United States Citizenship and Immigration Services’ (USCIS) most recent count shows that as of April 13, 2012 approximately 20,600 H-1B cap-subject petitions were received out of the 65,000 available visa...
Reeves: Nurses, physical therapists have 2nd chance to immigrate
APPROXIMATELY six years ago, immigrant visa numbers for skilled workers began retrogressing. The skilled worker group includes registered nurses (RNs) and physical therapists (PTs). In 2006, employers petitioned RNs and PTs to fill those positions for which there is an acute shortage. These...
Reeves: Green cards at US embassy with pre-approved waivers
THE Obama administration has started the process of obtaining an over stay waiver in the United States by enacting new federal regulations for aliens who are immediate family members of American citizens who do not qualify for a green card in the US.
Reeves: Expanded waiver relief for persons convicted at trial
WHEN a non-citizen is convicted of a criminal offense, the immigration consequences can be severe. Conviction for crimes known as “aggravated felonies” or “crimes involving moral turpitude” can, under certain circumstances, place an alien in jeopardy of deportation or removal. For some, a...
Reeves: Continuing the fight even after a deportation order
JUST because you or a loved one have been ordered deported, have a final order of deportation or have decided to depart the United States while an appeal from deportation is pending does not mean that the chance to fight the case is lost.
A final order of deportation can be challenged...
Reeves: Overcoming the US embassy’s visa denial
APPLYING for an immigrant visa at a US embassy can be a stressful and intimidating process. The aspiring immigrant has likely waited many years for the opportunity to come to the US, and they want to make certain that nothing goes wrong. Many applicants will be granted immigrant visas at the...
Reeves: Visas for athletes and performing artists
UNDER US immigration law, athletes and performing artists are eligible for temporary, non-immigrant visas known as “P-visas.” The P-visa category is broken down into four groups, 1) internationally-recognized athletes (“P-1A”); 2) internationally-recognized entertainers (“P-1B”); 3) artists and...
Reeves: Cancellation of removal: an exceptional path to a green card
THE cancellation of removal represents a path to a green card for certain undocumented immigrants that have lived in the United States for long periods of time and have qualifying family ties. In general, an applicant for cancellation of removal must demonstrate 10 years of continuous physical...
Reeves: Hope after deportation
AFTER years of struggle and hope for legal status, sometimes immigrants leave the United States without any hope of ever returning. However, recent case law may provide a deported immigrant that lost hope of actually returning to the United States.
Reeves: SIJS offers hope for juveniles
BEING trapped in the immigration maze is frustrating and frightening for an adult. It can be even worse for a child - especially if the child cannot turn to her parent for a solution. But there is help for children in this situation. The visa classification of Special Immigrant Juvenile Status (...
Reeves: Definition of ‘past persecution’ for asylum seekers expanded
ASYLUM is generally recognized as a basic human right and under United States immigration law, asylees and refugees can obtain permanent resident status in the United States. Asylum provides a mechanism to escape persecution and resettle in a safe country, free from fear and harm.
Reeves: Good news for highly-skilled immigrants
WE ARE pleased to report that the Department of Homeland Security (DHS) has been directed by President Obama to make improvements to the existing immigration system in order to attract and retain highly-skilled immigrants. The Obama administration recognizes that immigrants are critical to...
Reeves: Overcoming marriage fraud determinations
A FINDING by the United States Citizenship and Immigration Services (USCIS) of marriage fraud leaves a serious and lasting negative mark on the alien’s record.
If the USCIS determines that a person entered (or even conspired to enter) into a marriage for the sole purpose of obtaining an...
Reeves: Immigration relief for abused immigrants
DESPITE law enforcement agencies and community organizations making advances in their response to domestic violence, the issue continues to plague the immigrant community.
Reeves: Collateral attacks on prior deportation orders, convictions
PAST criminal convictions and prior deportation or removal orders can haunt a person seeking to immigrate to the United States. An intending immigrant can face permanent bars on the basis of a prior criminal conviction, a prior unlawful entry, or a prior order of deportation or removal. In some...
Reeves: ‘Parole in place’ brings hope to aliens
SUBJECT to narrow exceptions, an applicant for adjustment of status to permanent residency (or “green card” applicant) must demonstrate that he or she was lawfully admitted or paroled into the United States. Admission or parole happens at the border when an alien first seeks entry to the US.
Reeves: Who gets the new immigration provisional waiver
LAST week’s news that certain immigrants would be able to apply for provisional unlawful presence waivers while in the United States was welcomed by many. The question being asked now is, “who can avail of this provisional waiver?” The provisional waiver is for immigrants who cannot adjust...
Reeves: New Year wishes for families
THE holidays are a time for being with family. I was reminded of that recently. I was standing in the hallway outside of the immigration courtroom where my client had just been granted a waiver for misrepresentation and lawful permanent status.
Reeves: Resolving immigration problems in 2012
THE year 2011 is nearly over and it is time to make New Year’s resolutions. Will 2012 be the year to stop avoiding immigration concerns? Will 2012 be the year you consult an experienced and knowledgeable immigration attorney about your immigration rights in the US?
The plight of...
Reeves: Pursuing family unity in 2012
THE holidays and the coming of the New Year should be a time for togetherness, reflection, hope, and dreams for a better future. For many immigrant families, this is a time to celebrate hardships overcome and unity finally accomplished. Sadly, though, for some families, this time of year brings...
Reeves: New development in lifetime bar waiver
ONE would think that a law that has been in effect since April 1, 1997 would be well settled and no longer subject to interpretation. But one who thought that would be wrong. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) which became effective...
Reeves: Naturalization through military service
AS WE mentioned last week, immigrants have been quick to show love and gratitude to their new homeland by volunteering to serve in the military.
Reeves: For immigrants’ contributions to US: A thank you
HAVE you ever considered that the United States of America’s most famous icon is an immigrant? That’s right. The Statue of Liberty was “born” in France and brought to the US by ship. The quintessential symbol of American liberty and freedom, Lady Liberty herself, is an “immigrant.”
As the...
Reeves: Impact of method of entry on adjustment of status
IN AN ideal situation, aliens who enter the United States and become eligible for lawful permanent residence can get their green card through adjustment of status and not have to leave the United States to complete the process. However, situations are not always ideal. The type of visa one uses...
Reeves: Bill may eliminate employment-based per country caps
IN ONE of the only bipartisan measures to come out of the 112th Congress, the House judiciary committee voted to eliminate per-country numerical limitations for employment-based green cards. The bill, which is called the Fairness for High Skilled Immigrants Act, was introduced on Sept. 22 by Rep...
