Reuben S. Seguritan

Problematic Relative Petitions

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A US citizen or a lawful permanent resident (LPR) petitioner may encounter a number of issues when filing for his/her spouse. Commonly encountered are issues relating to the petitioner’s previously filed petitions, huge gap in the age of petitioner and beneficiary, their cultural differences, language barriers and other USCIS-identified marriage fraud indicators.

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May a Derivative Beneficiary Adjust under Section 245(i)?

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An alien who is out of status, worked without authorization, or who entered the U.S. without inspection or as a crewman, is generally ineligible to adjust status. However, the alien may still obtain approval of his I-485 adjustment of status application if he can benefit from Section 245(i) of the Immigration and Nationality Act (INA).

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USCIS Issues H-1B Filing Instructions

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H-1B petitions for fiscal year 2017 that starts October 1, 2016 will be accepted beginning April 1, the USCIS announced last March 16.

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Residence and Physical Presence Requirements for Naturalization

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Basic residence and physical presence requirements must be met in order to qualify for naturalization. The noncitizen applicant must be a lawful permanent resident (LPR). However, certain non-residents who served in the U.S. military are an exception and may qualify for U.S. citizenship.

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F-1 STEM Students Can Now Stay Longer

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A new Department of Homeland Security (DHS) rule just gave international students with F-1 visa two more years of on-the-job training here in the US.

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Proving Good Faith Marriage

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A U.S. citizen may sponsor his alien spouse for a green card by filing Form I-130 petition with the United States Citizenship and Immigration Services or USCIS. Since the spouse of a U.S. citizen is considered an “immediate relative” for immigration purposes, a visa number is immediately available.

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Prepare for H-1B Filing Now

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The United States Citizenship and Immigration Services (USCIS) will once again open its doors to H-1B cap applications and considering that the applications for last fiscal year was 233,000, it is safe to assume that it will exceed this figure this year.

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Lawsuit Filed To Strike Down Revised Visa Bulletin

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The release of the revised October 2015 Visa Bulletin on September 25, 2015 has incensed and infuriated thousands of immigrants expecting to benefit from the original October Visa Bulletin issued on September 9, 2015. The changes in the revised Visa Bulletin effectively excluded them from the immigration relief they stood to benefit under the original October Visa Bulletin.

Read more: Lawsuit Filed To Strike Down Revised Visa Bulletin

Despite Latest DAPA Setback Immigrants Remain Hopeful

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President Obama’s Deferred Action for Parental Accountability (DAPA) program and Expanded Deferred Action for Childhood Arrivals (DACA) continue to be held up in the courts. With the recent unfavorable ruling of the U.S. Fifth Circuit Court of Appeals, the Obama administration has appealed to the United States Supreme Court on November 20, 2015.

Read more: Despite Latest DAPA Setback Immigrants Remain Hopeful

Parents’ Divorce Does Not Bar Step-parent Petition

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A U.S. citizen may file an immigrant petition with the United States Citizenship and Immigration Services (USCIS) for his alien parents to immigrate to the U.S.  Parents, just like the spouse and the unmarried children under 21 of a U.S. citizen, are considered immediate relatives and need not wait for an immigrant visa number to become available once the I-130 petition is approved.

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The Filipino Express

2711 John F. Kennedy Boulevard
Jersey City, NJ 07306 USA.

Phone: 201 434-1114
Fax: 201 434-0880

www.filipinoexpress.com
E-mail: Filexpress@aol.com

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Cynthia V. Reyes DMD