POLICY UPDATE Implications of USCIS Policy Memos concerning (1) Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens and (2) Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) Two recent policy memoranda issued by the […] Read more..
The U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance that changes the way it calculates unlawful presence for foreign students and exchange visitors in F-1, J-1, and M-1 nonimmigrant status, as well as their F-2, J-2, and M-2 dependents. Under the previously established policy, the accrual of unlawful presence for F, J, and […] Read more..
Family-based immigration continues to be the primary vehicle used to gain U.S. citizenship and lawful permanent residence. Both citizens and legal permanent residents, commonly called LPRs, have the lawful right to sponsor others for visas if they meet the family member criteria under the Immigration and Nationality Act of 1965. Currently, family visas, or “Green […] Read more..
Family-based immigration continues to be the primary way people gain lawful residency in the U.S., but recent policy shifts and potential future changes to the system have made the process increasingly worrisome for those contemplating this process. For example, during fiscal year 2016, more than 800,000 people — upwards of 70 percent of all immigrants — […] Read more..
One of New York’s top immigration attorneys celebrates 20 years of dedicated service. Alexis S. Axelrad joined Barst Mukamal & Kleiner two decades ago, starting her career with the firm as a writer of the second edition of the firm’s treatise on US Immigration law. At one of New York City’s most well-established immigration law […] Read more..
Permanent Residency through Employment can be a daunting undertaking for even the most organized immigrant trying to gain a green card in the United States. Take some tips from BMK LLP in order to understand this process and get organized to make your permanent residency through employment a success. From the applicant’s perspective, there are […] Read more..
The Department of Homeland Security (DHS) is reportedly considering new regulations that would limit the ability of H-1B workers who are in the lawful permanent residence (LPR) process to obtain an extension of their H-1B status beyond the usual six-year limit of authorized stay pursuant to AC21 (The American Competitiveness in the 21st Century Act). […] Read more..
The most recent issue of New York Law School Magazine features information regarding the establishment’s high-profile work in immigration law and features their network of alumni who lead in all areas of this critical and ever-changing field. BMK immigration attorneys Alexis Axelrad and Deborah Norkin are highlighted within the issue. You can view it here. Read more..
There has been an uptick of RFEs being issued by United States Citizenship and Immigration Service (USCIS) under the Trump administration. RFEs, or Requests for Evidence, refer to a formal request by the United States Citizenship and Immigration Service (USCIS) requiring employers to provide additional evidence related to the petition they filed on behalf of […] Read more..
USCIS has issued updated policy guidance this week which directs officers to apply the same level of scrutiny when adjudicating both initial petitions and extension requests. The updated policy guidance applies to virtually all nonimmigrant classifications filed using Form I-129. Previously, officers were to give deference when a petition had been approved and an extension […] Read more..