Immigration Blog

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...

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...

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  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.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...

Naturalization is the final step in the immigration process and provides individuals with a number of benefits over and above being a lawful permanent resident (LPR). Typically, an individual will need to be an LPR for five years before applying for citizenship.  However, for those who married a US Citizen and have been living with...

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...

On April 12, 2021 USCIS announced that F-1 students can file OPT and STEM OPT applications online using form I-765. This applies to the following applications: Pre-completion OPT; Post completion OPT; and 24- month extension of OPT known as STEM OPT. USCIS has also warned that anyone else that attempts to file I-765 online that...

2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying...

The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long...