Lawyer Linh

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K-1 Fiancé(e) Visa and Protection Under the Violence Against Women Act (VAWA)

In this post, we will explore two special cases in family-based immigration: fiancé(e) visas and protection under the Violence Against Women Act (VAWA). If you are a U.S. citizen and engaged to a foreign national, you can file a fiancé(e) petition, so your fiancé(e) can get a visa to come to the U.S., also known

K-1 Fiancé(e) Visa and Protection Under the Violence Against Women Act (VAWA) Read More »

Family-Based Immigration, Green Card, Lawful Permanent Residency, Marriage
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What Your Obligations Are As An I-864 Financial Sponsor of An Immigrant

As an I-864 sponsor, you are financially responsible for the immigrant you are sponsoring. This means that if the immigrant receives certain means-tested public benefits or becomes dependent on the government for support, you may be required to reimburse the government for the cost of those benefits. A means-tested public benefit is a type of

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Family-Based Immigration, Green Card

Can Working Without Authorization In the U.S. Prevent You From Getting A Green Card?

Working without authorization in the United States is a serious violation of U.S. immigration law, and can lead to you not being able to get a green card in the future. However, if you are married to a U.S. citizen and you’re getting your green card through your marriage, or you’re an “immediate relative” of

Can Working Without Authorization In the U.S. Prevent You From Getting A Green Card? Read More »

Family-Based Immigration, Green Card, Marriage, , ,
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The Green Card Process for Foreign Workers

I’ve met with many employers with the same issue – they are having a hard time finding workers. One potential solution is petitioning for foreign workers to fill those jobs. The process works and can fill a range of jobs from landscapers to cooks to hotel workers to tech jobs and everything in between. However,

The Green Card Process for Foreign Workers Read More »

Employment, Employment-Based Immigration, Green Card, , , , ,
DACA decision

DACA Ruled Unlawful but Continues for Now

On October 5, 2022, the U.S. Court of Appeals of the Fifth Circuit issued a decision on DACA. The court partially agreed with the district court’s ruling that DACA is unlawful. The three-judge panel stated that the Obama administration did not have the legal authority to implement the program. The case will now go back

DACA Ruled Unlawful but Continues for Now Read More »

News, , , ,
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USCIS Extends Green Card Extensions to 24 Months For Green Card Renewals

On September 28, 2022, USCIS announced effective September 26, 2022, they will automatically extend green cards for an additional 24 months for those who have filed for a renewal. Green card holders who have applied to renew their expired or expiring green cards will receive a 24-month extension notice, which used to be 12 months.

USCIS Extends Green Card Extensions to 24 Months For Green Card Renewals Read More »

Green Card, Policy Change, , , , ,
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Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

I meet with many people who ask me if they should do a fiance visa or spouse visa if their significant other is not in the U.S. and will process at a U.S. consulate. Generally speaking, the fiance visa will be faster if the goal is to be together in the U.S. as soon as

Which One Processes Faster? A Fiance(e) Visa or Spouse Visa? Read More »

Family-Based Immigration, Green Card, Lawful Permanent Residency, Marriage, , , ,

My Green Card Will Expire Soon, but I Filed for a Renewal. What Happens if I Don’t Get My Green Card Before My Current One Expires?

If your green card is going to expire soon, and you have already filed for renewal, what happens once your current green card does expire and you don’t have your new green card yet? Fortunately, you’ll be just fine. When you send in your renewal application, USCIS will send you a receipt notice confirming they

My Green Card Will Expire Soon, but I Filed for a Renewal. What Happens if I Don’t Get My Green Card Before My Current One Expires? Read More »

Green Card, , , , , ,
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USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars

On June 24, 2022, USCIS issued new guidance on the 3 and 10-year bars and green cards, but this new policy will only apply to a limited group of people. You can go read my post here that goes into detail about these unlawful presence bars. A brief summary of the 3 and 10-year bar

USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars Read More »

Green Card, Policy Change,
Work permit

USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits)

USCIS published a final rule called Implementation of the Emergency Stopgap USCIS Stabilization Act in the Federal Register at 87 FR 18227 (March 20, 2022). This rule went into effect on May 31, 2022. One of the provisions in this rule is the option for people to pay an optional premium processing fee (it’s an

USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits) Read More »

Policy Change, , ,
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