O-1 Visas for Photographers and Cinematographers

A client of mine, Still Motion Ltd. posted a guest blog I wrote on the best categories of evidence photographers and cinematographers use to obtain their O-1 visas to work in the U.S.  Check out that article by CLICKING HERE or going to the post directly at: http://stillmotionblog.com/2013/07/30/get-a-visa/

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Is lying to an officer at the border enough to make me inadmissible to the United States for life?

The answer to this question is a nuanced YES. Section 212 (a)(6)(C) states: (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. […]

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U.S. Supreme Court Affirms Rights of Gay and Lesbian Couples

This week the U.S. Supreme Court issued its decision in United States v. Windsor striking down section 3 of the DOMA, the Defense of Marriage Act, stating that the act violated equal protection protected under the 5th amendment to the Constitution.  As a result of this decision, gays and lesbians cannot be discriminated against with […]

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US Permanent Residents Living in Canada Beware!

While it may technically be legal and appropriate for a US Permanent Resident living in Canada to file a US non-resident tax return (1040NR), as an immigration lawyer with over a decade of experience helping Canadians maintain their permanent resident status, I can tell you that it won’t be looked favorably on by either US […]

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Immigration Innovation Act of 2013

A bipartisan group of four U.S. senators has released a draft immigration reform bill.  The bill would dramatically increase the number of H-1B visas available each year, allow for foreign students to have dual intent, and exempt certain categories of persons from the employment-based green card cap, among other measures.  Read a summary of the […]

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Path to Green Card for International Students Studying in the U.S.

Quite often, international students are not interested in returning to their home countries immediately after graduating from an American University.  The U.S. has so much to offer, and studying in the U.S. has just whet their appetites for more.  Now they want a chance to work here too. Fortunately, the  USCIS has made obtaining a […]

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Provisional Unlawful Presence Waiver of Inadmissibility

On January 2, 2013 Secretary of Homeland Security Janet Napolitano announced the posting of a final rule that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule […]

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Can an Alien Spouse of a U.S. Citizen Who Entered the U.S. Legally Adjust Status in the United States?

The short answer to this question is yes.  No matter how long an alien spouse of a U.S. citizen (living in the United States) has been out of status in the United States, he is able to file for permanent resident status in the United States provided that he initially entered the United States legally. […]

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Must Petitioner of Permanent Resident Application Move to the United States with Beneficiary?

A United States citizen may sponsor close family members for immigrant visas while living abroad with the understanding that at the end of the process the petitioner will relocate to the United States along with his/her relatives.  For immediate relatives, the I-130 petition may be filed at a U.S. Consulate close to where the petitioner […]

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Deferred Action on Childhood Arrivals (DACA)

On June 15, 2012, the Department of Homeland Security announced that certain individuals who came to the United States as children and meet several key guidelines (see below) may apply for deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.Individuals who can demonstrate that they meet […]

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