Chris Prescott

In this article, we will discuss the continuous residence requirement as it relates to filing an application for Naturalization.  For the full requirements for Naturalization please refer to our previous article: The concept of continuous residence refers to the applicant maintaining a permanent dwelling place in the US, typically for a period of 5 years. ...

The Department of Homeland Security (DHS) will now withdraw its duration of status rule.  Students have for a long time had the benefit of being admitted for the duration of status.  In other words, unlike other nonimmigrants, they are not admitted for a specific length of time.  This flexibility has allowed them to extend their...

Last October saw thousands of people applying for downgrades due to the forward movement in the Employment-based EB-3 priority dates. By filing a downgrade, applicants were able to concurrently file an I-485, Application to adjust status and also apply for employment authorization and travel document. One client, working as a Physical Therapist had asked us...

Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://patel-law-group.local/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://patel-law-group.local/day-1-cpt-revisited/ Please note that the first article was written during...

On June 9, 2021, USCIS announced some important policy changes as well as their intention to start issuing 2-year EADs (Employment Authorization Document) for certain adjustment of status applicants. 2- year EADs Certain adjustment of status applicants will now receive a 2-year EAD, instead of just a 1-year card.  Although adjustment of status applicants are...

Obtaining a green card through marriage is often described as one of the easiest ways to obtain lawful permanent residency.  However, what happens if after obtaining the green card you get divorced?  Can you get remarried and sponsor your new spouse? While this is certainly possible, if an individual received a green card through marriage,...

USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years.  The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be...

During an interview with Charlie Oppenheim of the State Department, the following statements and predictions were made in relation to employment-based and family-based categories. Employment-based visas In 2021 there are approximately 262,000 employment-based visas. However, it is expected that the Department of State (DOS) will not be able to process all these visas due to...