Chris Prescott

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? The 5-Year Rule for Sponsoring a New Spouse While this is certainly possible, if...

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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...

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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...

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Despite a more favorable Immigration climate under the new administration, President Biden has issued a proclamation that will restrict most travel from India to the US. This proclamation is effective 12.01 am May 4, 2021. In the proclamation, it is stated that India accounts for over one-third of new global COVID-19 cases and the number...

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Although it has been more than a year since the start of the COVID-19 pandemic travel restrictions continue and the ability of Lawful Permanent Residents (LPR) to return to the U.S. in a timely manner are still impacted. Although called Permanent Lawful Status it is anything other than Permanent, especially for those who remain outside...

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More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been...

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Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has...

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