Reuben S. Seguritan

Adjustment of Status May Be Filed Before Priority Date Is Current

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As part of the Obama administration’s efforts in modernizing our immigration system, the Department of State (DOS) has changed the procedure in determining visa availability for both the employment-based and family-based preference petitions.

Read more: Adjustment of Status May Be Filed Before Priority Date Is Current

Getting a Green Card Despite Petitioner’s Death

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Is it possible for surviving family members to get a green card despite the death of the petitioner?

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When Retroactive Adoption Is Valid for Immigration Purposes

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There are several ways to bring an adopted child to the U.S.

Read more: When Retroactive Adoption Is Valid for Immigration Purposes

Overcoming Finding of Prior Marriage Fraud

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U.S. citizens may petition for their immediate relatives to join them in the U.S. Qualified immediate relatives of a U.S. citizen include the spouse, minor unmarried children under 21, and parents as long as the petitioning US citizen child is at least 21.

Read more: Overcoming Finding of Prior Marriage Fraud

False Claim to Citizenship Bars Adjustment of Status

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Non-citizens must remember not to make any false U.S. citizenship claims for any purpose, whether to obtain a visa, enter the United States, find employment, apply for public benefits, to register for or vote in an election. A false U.S. citizenship claim carries with it serious consequences.

Read more: False Claim to Citizenship Bars Adjustment of Status

Philippine EB-3 Visa Preference Rolls Back Another Two Years

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The June 2015 Visa Bulletin shows that the cut-off date of the Philippine employment-based third preference (EB-3) for skilled workers, professionals and other workers will roll back another two years and six months from July 1, 2007 to January 1, 2005. The retrogression started this month of May when the Philippine EB-3 cut-off date rolled back seven years and three months to July 1, 2007.

Read more: Philippine EB-3 Visa Preference Rolls Back Another Two Years

STEM OPT Extension for Foreign Students Invalidated

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F-1 visa holders who are graduates of U.S. universities can receive work authorization under the Optional Practical Training (OPT) program for a limited period of 12 months after having been enrolled in their academic program for one full academic year. A student can have 12 months of OPT each for the bachelor’s, master’s, and doctoral levels.

Read more: STEM OPT Extension for Foreign Students Invalidated

Senate Bill to Increase Annual H-1B Cap

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Bipartisan efforts in the U.S. Senate are once again sparking hope for a meaningful and sensible change to the country’s immigration laws. The new proposed bill entitled, “Immigration Innovation or I-Squared Act of 2015” introduced on January 13, 2015, focuses mainly on expanding laws applying to high-skilled guest workers.

Read more: Senate Bill to Increase Annual H-1B Cap

Applicants may Benefit from CSPA despite Late Filing

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The Child Status Protection Act (CSPA) grants relief to certain children of U.S. citizens and lawful permanent residents who would have lost the privilege of getting a green card simply for turning 21 years old. It allows a child who has aged out or turned 21 to still be considered a “child” for immigration benefits purposes.

Read more: Applicants may Benefit from CSPA despite Late Filing

Employment-based Priority Dates Continue to Advance

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The August 2014 Visa Bulletin shows that the Philippine employment-based third preference (EB-3) cut-off date will jump by seventeen weeks from January 1, 2009 to June 1, 2010.

Read more: Employment-based Priority Dates Continue to Advance

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Cynthia V. Reyes DMD