Immigration Atty. Eugene Palacios
A US citizen or lawful permanent resident may file a family-based immigrant petition in behalf of his/her adopted child.
A child, however, is only considered legally adopted under US Immigration and Nationality Law if the child was adopted before the child reached the age of 16 and the US citizen or lawful permanent resident adoptive parent has fully complied with the 2-year actual custody and 2-year legal custody requirements.
Dear Atty. Palacios,
I am a registered nurse from the Philippines and I have already passed the NCLEX exam.
I heard that there are still H-1B visas available. I would like to know if it is true that an employer may file an H-1B petition for a registered nurse position.
Sincerely,
Sharon
A US citizen or lawful permanent resident may file a family-based immigrant petition in behalf of his/her adopted child.
A child, however, is only considered legally adopted under US Immigration and Nationality Law if the child was adopted before the child reached the age of 16 and the US citizen or lawful permanent resident adoptive parent has fully complied with the 2-year actual custody and 2-year legal custody requirements.
BASED on the latest visa bulletin, hopeful immigrants, specifically, professionals or skilled workers [i.e., RNs, PTs, accountants, computer analysts, etc.] and unskilled workers [i.e., caregivers, clerks, etc.], appear to face tough times ahead. The October 2009 Visa Bulletin shows a regression on the issuance of immigrant visas for the 3rd preference employment-based category (EB-3 - professionals, skilled workers, and unskilled workers) to persons born all over the world.
What is retrogression/regression and how will it affect professionals, skilled workers, and unskilled workers?
THERE is a saying that if you give a man a fish, you have fed him for a day, but if you teach a man how to fish, then you have fed him for a lifetime.
We have always believed in this saying. That is why for the past so many years, it has been the policy and mission of our law office to educate our clients and the immigrant community in general about their rights and privileges, as well as duties and responsibilities under current immigration laws, rules, and regulations.
Dear Atty. Palacios:
I am a tourist and a registered nurse from the Philippines and I just passed the NCLEX-RN exam. My I-94 will expire on September 15, 2009. There is a hospital here in Los Angeles that is interested to sponsor me but I understand that I cannot file applications for adjustment of status and work authorization because of the retrogression. Should I go home and just wait for interview in the Philippines or should I stay and take my chances here? Please advise me.
Cory
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 are still allowed to adjust your status in the United States.
UNKNOWN to many individuals, there are other types of nonimmigrant visas or status aside from H-1B that would allow them to stay and work legally in the United States . One of these nonimmigrant visas or status is that of a treaty trader (E-1) or a treaty investor (E-2).
What is a Treaty Trader?
A treaty trader is a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country.
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