Family Based Immigration - Maryland Immigration Law Blog http://www.usimmigrationlawblog.com/cat-employment-based-immigration.html en-us Copyright 2008 Fri, 13 Jun 2008 11:07:33 -0500 Fri, 13 Jun 2008 11:29:49 -0500 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss UPDATE ON TWO-YEAR EAD CARDS

We recently reported that DHS Secretary Chertoff announced that USCIS will begin issuing Employment Authorization Documents (EAD) with a two-year validity period for a limited number of individuals who have applications for legal permanent residence status pending with the U.S. Citizenship and Immigration Services (USCIS). On June 12, 2008, USCIS issued a fact sheet addressing frequently asked questions regarding the eligibility requirements for the two year EAD. In summary the fact sheet states:

  1. The two-year  EAD cards will be available to individuals with pending adjustment of status applications who have filed for an EAD and are currently unable to adjust their status to that of a permanent resident because an immigrant visa number is currently not available. Individuals with visa numbers that are available will continue to be granted EADs that are valid a one-year period.
  1. USCIS expects to implement these new rules for issuing EADs on June 30, 2008.
  1. Applicants who file for an initial EAD application with their adjustment of status application (Form I-485) will only receive a one-year EAD because such individuals can only file for adjustment of status if visa numbers are current. EAD Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses after their adjustment of status application is filed.
  1. The USCIS will decide whether to issue a two-year EAD based upon the most recent Department of State Visa Bulletin.

]]> http://www.usimmigrationlawblog.com/employment-based-immigration-update-on-twoyear-ead-cards.html http://www.usimmigrationlawblog.com/employment-based-immigration-update-on-twoyear-ead-cards.html Employment Based ImmigrationEmployment VerificationFamily Based Immigration Fri, 13 Jun 2008 11:07:33 -0500 meetesh@meeteshpatel.com (Meetesh Patel) DHS Secretary Chertoff Announces that USCIS will begin issuing Employment Authorization Documents with a 2 year validity period for individuals with green card applications pending.

DHS Secretary Chertoff Announces that USCIS will begin issuing Employment Authorization Documents with a 2 year validity period for individuals with green card applications pending.

On June 9, 2008, Homeland Security Secretary Michael Chertoff announced at his State of Immigration Address that the Department of Homeland Security (DHS) will be extending the validity period of the employment authorization documents (EAD) that are issued to individuals who applications for adjustment of status to lawful permanent resident status (“green card”) pending.

Currently, such individuals are granted EADs with a maximum validity of one year. According to Secretary Chertoff, beginning later in June 2008, the U.S. Citizenship and Immigration Service (USCIS) will start issuing EADs with a validity period of two years for individuals who have adjustment of status applications filed that are expected to be pending for more than one year.

 

]]> http://www.usimmigrationlawblog.com/employment-based-immigration-dhs-secretary-chertoff-announces-that-uscis-will-begin-issuing-employment-authorization-documents-with-a-2-year-validity-period-for-individuals-with-green-card-applications-pending.html http://www.usimmigrationlawblog.com/employment-based-immigration-dhs-secretary-chertoff-announces-that-uscis-will-begin-issuing-employment-authorization-documents-with-a-2-year-validity-period-for-individuals-with-green-card-applications-pending.html Employment Based ImmigrationEmployment VerificationEmployment VerificationFamily Based ImmigrationI-9 CompliancePERM (Program Electronic Review Management) process. Thu, 12 Jun 2008 11:28:01 -0500 meetesh@meeteshpatel.com (Meetesh Patel) USCIS ANNOUNCES NEW POLICY REGARDING V STATUS EXTENSIONS U.S Citizenship and Immigration Services (USCIS) announced in mid May 2005 that valid V-2 and V-3 status holders will no longer "age-out" of V-2 or V-3 status. USCIS will now approve extension of status applications for children of lawful permanent residents who are 21 years old or older with V-2 or V-3 status, as long as they meet the requirements for extension of status in every other way.

]]>Established by the Legal Immigration Family Equity Act (LIFE Act) in December 2000, V status allows a spouse or child of a lawful permanent resident to enter or remain in the United States as long as his/her Form I-130 visa petition application or his/her application for permanent residency has been pending for three years or more and was filed on or before December 21, 2000. Previously, the child of an immigrant was only eligible to hold V-2 or V-3 status in the United States until he/she turned 21 years of age. After that point, the child had "aged-out" and could no longer retain or extend his/her V status.

An individual, physically present in the United States, who was previously in V-2 or V-3 status and whose application for extension of status was denied solely because he/she was 21 years of age or more, may file an application for extension of status. An individual, physically present in the United States, who was previously in V-2 or V-3 status and who did not apply for extension of status solely because the he/she was 21 years of age or more at the time of expiration of his/her V status, may file an application for extension of status. If approved, USCIS will grant a period of admission not to exceed two years. The individual can continue to extend V status until he/she becomes a permanent resident or until the law terminates V status. V-2 or V-3 status holders who are physically present in the United States can request an extension by filing an Application to Extend/Change Non-immigrant Status (Form I-539).

The new guidance does not change the fact that in order to qualify for the initial V-2 or V-3 status, the applicant must meet the legal definition of "child." This definition states that "child" includes being unmarried and less than 21 years of age.

]]> http://www.usimmigrationlawblog.com/family-based-immigration-uscis-announces-new-policy-regarding-v-status-extensions.html http://www.usimmigrationlawblog.com/family-based-immigration-uscis-announces-new-policy-regarding-v-status-extensions.html Family Based Immigration Tue, 31 May 2005 19:34:30 -0500 meetesh@meeteshpatel.com (Meetesh Patel)