USCIS

When To Use Comparable Evidence in EB-1A cases

There are many interpretations of “comparable evidence.” Some immigration attorneys interpret this alternative criterion to mean that it is only applicable if the profession, not the particular type of evidence, doesn’t fit into the other criteria. For documentary evidence submitted for a particular EB-1 regulatory criteria, as outlined in Policy Memorandum PM-602-0005.1, USCIS recognizes that, “In some cases, evidence relevant to one criterion may be relevant to other criteria set forth in 8 CFR 204.5(h)(3).” (PM-602-0005.1 at page 6).

USCIS Increases Premium Processing Fee

Effective October 1st, U.S. Citizen and Immigration Services (USCIS) has increased the premium processing fee from $1225 to $1410 for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigration Petition for Alien Workers.

R.I.P Yates Memo_ 2004-2017

The Yates Memo, published in 2004, entitled The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity, instructed immigration officers to give “deference” to the findings of a prior approved visa petition when adjudicating petition extensions (i.e. visa renewals), as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination.

I Married a Foreigner

If a foreign national marries a U.S. citizen, the foreign national becomes an immediate relative of the U.S. spouse and may be able to apply for U.S. permanent residency as a result of the marital relationship.

Check Your Notices to Appear in Court for Defectiveness

On June 21, 2018, the U.S. Supreme Court ruled in Pereira v. Sessions in favor of Wescley Pereira, a Brazilian immigrant, in a significant recent decision that opens new options to apply for relief from deportation.

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