Atty. Eugene Palacios

USCIS announces final rule adjusting fees for immigration benefits

Friday, 15 October 2010 19:46 Atty. Eugene Palacios

THE US Citizenship and Immigration Services (USCIS) announced recently the final rule adjusting fees for immigration applications and petitions. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application in recognition of its unique importance to the individual applicant, the significant public benefit to the nation, and the nation’s proud tradition of welcoming new citizens. The USCIS acknowledged that holding the naturalization fee at the current level would reinforce these principles, allow more immigrants to fully participate in civic life, and complement other USCIS efforts to promote immigrant integration.

The rule will reduce fees for six individual applications and petitions [i.e., Petition for Alien Fiancé (Form I-129F), Application to Extend/Change Nonimmigrant Status (Form I-539), Application to Adjust Status from Temporary to Permanent Resident (Form I-698), Application for Family Unity Benefits (Form I-817), Application for Replacement Naturalization/Citizenship Document (Form N-565), and Application for Travel Document (Form I-131), when filed for Refugee Travel Document].

Understanding Section 245(k) of the Immigration and Nationality Act

Tuesday, 14 September 2010 17:19 Atty. Eugene Palacios

(1 vote, average: 5.00 out of 5)

GENERALLY, if you are an alien who has failed to maintain continuously your lawful status or has engaged in unauthorized employment, then you are no longer eligible to adjust your status in the United States.

As an exception, however, under Section 245(k) of the Immigration and Nationality Act, if you are an employment-based adjustment of status applicant who, since your last lawful admission to the United States has not, for an aggregate period of more than 180 days: (a) failed to maintain, continuously, a lawful status, (b) engaged in unauthorized employment, or (c) otherwise violated the terms and conditions of your admission, then you may still to adjust your status in the United States.

Understanding Section 245(I) of the Immigration and Nationality Act

Monday, 23 August 2010 00:00 Atty. Eugene Palacios

(5 votes, average: 4.80 out of 5)

Generally, an alien who has failed to maintain his lawful nonimmigrant status may no longer adjust his status to that of a permanent resident.

As an exception, however, Section 245(i) of the Immigration and Nationality Act provides that an out-of-status alien who is the beneficiary of an immigrant visa petition or an application for a labor certification filed on or before April 30, 2001 may still adjust his status to that of a permanent resident after paying the penalty of $1,000.00. The law further requires that if the qualifying petition or labor certification application was filed between January 15, 1998 and April 30, 2001, the alien must have been physically present in the United States as of December 21, 2000.

Transfer of employment and retention of priority date of prior employment-based petition

Saturday, 31 July 2010 00:00 Atty. Eugene Palacios

(6 votes, average: 4.83 out of 5)

There are two ways by which an alien can transfer his employment to another employer and still retain the priority date of an earlier case filed by the first employer.

The first one is through the portability provisions of the American Competitiveness Act of the 21st Century, more popularly known as AC21. AC21 provides that the approval of an employment-based immigrant petition shall remain valid even when an alien changes jobs or employers, if:

Overcoming the presumption of immigrant intent

Friday, 09 July 2010 19:43 Atty. Eugene Palacios

(4 votes, average: 4.00 out of 5)

THERE is a reason why getting a nonimmigrant visa from the US Embassy is not easy.

Under the law, all visa applicants are presumed to have immigrant intent or an intention to work and stay in the United States permanently.

In order to overcome said presumption, the applicant must prove to the consular officer that he has compelling reasons to return to his home country.

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Asian Journal- The Filipino-American Community Newspaper

Atty. Eugene Palacios

USCIS announces final rule adjusting fees for immigration benefits

Understanding Section 245(k) of the Immigration and Nationality Act

Understanding Section 245(I) of the Immigration and Nationality Act

Transfer of employment and retention of priority date of prior employment-based petition

Overcoming the presumption of immigrant intent