Law Offices of Brian D. Lerner, APC

The INS can arrest a person without a warrant if it has “reason to believe that the alien … is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest.”

Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case.

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries.

F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level.

The Bureau of Citizenship and Immigration Services (BCIS), Bureau of Immigration and Customs Enforcement (BICE), and Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions.

It is hard to say what effect the war will have on the immigration processes. The reality is that if you are from Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining visa.

If you aged-out after August 6, 2002, but the petition has not yet been adjudicated or ruled upon. Also, if the petition has been ruled upon, but the adjustment of status application is still pending you would qualify for this exception.

An H-1B Immigration Attorney will be able to do the research to determine if in fact the position is a “specialty occupation”, and if not, he will be able to work with the employer and employee to determine what position is best for the H-1B.

International Marriage Broker Regulation Act (IMBRA) provides that a petitioner for a K nonimmigrant visa for an alien fiancée (K-1) or spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner.

Under the LIFE Act, an alien spouse of a U.S. citizen who is the beneficiary of a classification petition filed under section 204 of the INA before, on, or after the date of enactment of the LIFE Act is eligible for K3 classification.