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Impact of May 2016 Visa Bulletin from U.S. Department of State
Contributor: Van T. Doan
The Visa Bulletin issued by the U.S. Department of State for May 2016 gives a final action date of January 1, 2010 for Employment-Based Fourth Preference Visas for special immigrants from Honduras, El Salvador, and Guatemala. Special immigrants are t…
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Categories: Immigration Law
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I-864 Affidavit of Support: Calculating What Is Owed to a Beneficiary
Contributor: Van T. Doan
U.S. citizens and lawful permanent residents who petition for a beneficiary to immigrate to the United States must promise to provide adequate financial support for the beneficiary so that he or she does not become a public charge. This promise is ma…
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Categories: Immigration Law
I-864 Affidavit of Support: Are There Defenses to Enforcement?
Contributor: Van T. Doan
The I-864 Affidavit of Support is a contract in which a sponsor agrees to financially support a foreign national being admitted to the United States. As we’ve noted in previous blog posts, both the government, and the sponsored beneficiary, can…
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Categories: Immigration Law
I-864 Affidavits of Support: Who Can Sue, When, and Where?
Many foreign nationals trying to obtain permanent U.S. residence through family-based or employment-based applications must have Form I-864 (Affidavit of Support) filed by a sponsor. This requirement is designed to ensure that foreigners who are like…
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Categories: Immigration Law
I-864 Affidavit of Support and Prenups — Is the Obligation Waivable?
Contributor: Van T. Doan
Can a prenuptial or premarital agreement waive the support obligations that a sponsor assumes when he or she signs the Form I-864 Affidavit of Support for a spouse? The answer is … maybe. Different federal courts, just within the last few years…
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Employment Authorization for Nepali F-1 Students Experiencing Severe Economic Hardship Due to April 2015 Earthquake
Contributor: Van T. Doan
On April 25, 2015, The Federal Democratic Republic of Nepal experienced a devastating 7.8 magnitude earthquake. In the aftermath, many citizens of Nepal, including students who are in the United States on an F-1 nonimmigrant student visa, are sufferi…
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Categories: Immigration Law
Tags: F-1 visa
Assisted Reproductive Technology and Citizenship
Contributor: Van T. Doan
Who is a child’s parent? The question is not as simple as it appears. With the development and increasing use of assisted reproductive technology (ART), including surrogacy, legal issues have arisen around what parenthood means when it comes to…
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The Recent Change in the DOS Visa Bulletin: How it May Help You
Contributor: Van T. Doan
While the federal government has announced an initiative to modernize the visa process in the United States, anyone mired in the backlog of employment-based and family-based immigrant visas knows that change has been slow in coming. However, there is…
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Categories: Immigration Law
Are You Still a Lawful Permanent Resident?
Contributor: Van T. Doan
Often, individuals who come to the United States and who become lawful permanent residents (LPR) have occasion to travel back to their home country or another country for business, family purposes, or some other legitimate reason. They may intend to…
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Categories: Immigration Law
Humanitarian Relief: Parole, Advance Parole, and Parole in Place
Contributor: Van T. Doan
United States Citizenship and Immigration Services (USCIS) has the ability to grant parole to individuals outside the United States who wish to enter the country but would ordinarily be inadmissible. Parole allows temporary entry into the U.S. for ur…
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Categories: Immigration Law
Tags: parole