NYC Immigration Law Firm

Update on DACA!

No better way to start the weekend than a client receiving her green card! This client was on an employment-based nonimmigrant visa when she married a lawful permanent resident of United States. Because she was in lawful status and because the preference category for spouses of lawful permanent resident was (and still is!) current, we were able to file for her adjustment of status just as if she was married to a US citizen. The couple was interviewed in September and the client received her green card yesterday!

A federal judge in California has issued an order enjoining the USCIS filing fee increase in its entirety from going into affect on October 2. So for now, fees will not be going up! The court stated: Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the Final Rule) in its entirety pending fi...nal adjudication of this matter. https://drive.google.com//1vAdnuUGPwAUJatIx4FkT_VAQr/view

This green card has an amazing story! Same-sex couple. The foreign national spouse was ineligible to adjust her status in the United States (even though she was married to a United States citizen) because of her inability to prove lawful entry with inspection when she was younger. After having lived in the United States for 20+ years with no status, I made her return to her country to consular process. We also had to file a waiver while she was abroad (we had discussed whethe...r to file I 601A while she was in the United States or I-601 while she was abroad. Various factors went into choosing to file I-601 while she was abroad, since there was a likelihood that she would be found inadmissible for misrepresentation or fraud, which I 601A would not cure). It was really hard for the couple to stay separated for over a year (and with a one-year-old child to worry about) but in the end, it was all worth it. The foreign national spouse was able to return to United States lawfully a few weeks ago when she was granted her immigrant visa, and she just received her green card in the mail! See more