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Immigration law tech tips
Our Immigration Law Tech Tips provide valuable insight into the complexities of U.S. immigration law. Our aim is to help clients, colleagues and anyone interested in learning more on family immigration, business immigration and deportation. Check back often as this section is constantly growing to keep pace with the ever-changing immigration world. And of course, if there’s an area you’d like to hear more on—especially as our immigration system is undergoing immense changes—reach out to our Denver legal team or get the latest in our Immigration News Blog.

Breaking down the New “90-Day” Rule Regarding Inconsistent Conduct After Entry that Suggests a Misrepresentation

  On September 1, 2017, the Department of State revised their Foreign Affairs Manual (or “FAM”, the manual consular officers use when making decisions on visa issuance abroad) regarding what type of “inconsistent conduct within 90 days of entry” raises a presumption that a misrepresentation was made at a consular interview or upon entry into the U.S. This new rule […]

The Thin “B” (visa) Line: When do Business Visitors Unlawfully Work?  

The line between lawful business visitor activities as permitted with a B-1 visa (or entrance under the ESTA program) and unlawful work is one of the thinner lines in the immigration world.  A range of activity is permitted as a business visitor, much of which sounds like work. This piece helps to clarify some of the ambiguity surrounding permitted B2 Visa activity.

The Employer’s Obligation to Establish “Ability to Pay” During the Green Card Process

  The process to obtain a green card based on employment typically consists of three steps: (1) A labor certification from the Department of Labor; (2) a I-140 petition filed by the employer, and (3) an adjustment of status application filed by the employee. The first step, the labor certification, often looms the largest because […]

New Restrictions to the ESTA Program

ESTA (the Electronic System for Travel Authorization), allows citizens of visa waiver countries to travel to the United States without visas for up to 90 days. Currently, there are 38 countries that are part of the visa waiver program (VWP), and therefore eligible to use ESTA. DHS announced new restrictions on ESTA eligibility, including: Eliminated […]

Changing H-1B Employers with H-1B Portability

When changing H-1b employers, foreign nationals (“FN”) in H-1b status often face an interesting challenge in determining how long they are authorized to work in the United Stated. The answer lies in what’s commonly known as H-1b Portability. What is H-1B Portability H-1b Portability allows an H-1b foreign national to transfer to a new H-1b […]

Conozca Sus Derechos Cuando Inmigración (ICE) Visitan su Hogar o Lugar de Trabajo o lo Dejan en el Público

La buena noticia es que todas las personas que viven en los Estados Unidos tiene ciertos derechos constitucionales—incluso los inmigrantes indocumentados. La mala noticia: Muchos no conocen sus derechos al tratar con oficiales de Inmigración y Control de Aduanas (ICE por su sigla en inglés). Este Consejo Técnico de Ley de Inmigración le dará los […]

Knowing Your Rights at Ports of Entry as a Lawful Permanent Resident (LPR) Traveling Abroad and Returning to the United States

Lawful Permanent Residents (LPRs) should know their rights when traveling abroad so that, upon return, you don’t run into issues at an U.S. port of entry. For example, if a CBP officer alleges that you have lost your permanent residence status for some reason, or are not admissible into the U.S., you have the right to […]

Liberty, Justice and Gonorrhea Testing for All—Staying Up to Date on Form I-693 Medical Exam Requirements

A new technical instruction issued by the Centers for Disease Control and Prevention (CDC) requires gonorrhea testing for most adjustment of status applicants who are: Ages 15 and older and Already required to have a full medical exam when Filing Form I-485 (Application to Register Permanent Residence or Adjust Status) The requirement went into effect […]

Knowing Your Rights When ICE Officers Visit Your Home or Workplace or Stop You in Public

The good news is that all people living in the United States have certain Constitutional rights—even undocumented immigrants. The bad news: Many don’t know their rights when dealing with U.S. Immigration and Customs Enforcement (ICE). This Immigration Law Tech Tip will give you the basics whether ICE: Visits your home Comes to your workplace Stops […]

Knowing Your Rights in Immigration Detention

Under President Trump’s new policies, more people might find themselves detained by ICE. However, even in immigration detention however, you have certain rights which you should exercise. Most importantly, you have the right to talk to an attorney. In fact, finding an experienced immigration lawyer to take your case is one of the most important […]

Finding Family and Friends Apprehended and Detained by ICE

Due to President Trump’s new executive orders on immigration, we anticipate a greater number of people being detained by Immigration and Customs Enforcement (ICE) and placed in removal proceedings. If you suspect that your loved one might be detained by ICE, there are a couple of ways to find out where he or she is […]

Obtaining an I-94 Record and Travel History

What is an I-94 and how do I get mine? An I-94 is the Department of Homeland Security arrival/departure record issued to most non-immigrant aliens. The I-94 contains the following information: The alien’s name I-94 number Class of admission Date of entry Date until which the the traveler is admitted An I-94 can either be […]

Applying for E-2 Investor Status in the US versus Applying for an E-2 Visa in Your Home Country

Wondering whether you should apply for E-2 Investor Status in the US or an E-2 Visa in your home country? Before addressing this question, it is important to understand that E-2 visas are unique animals. They are procedurally distinct from other visas such as H-1bs and L-1s. Their primary unique characteristics are: They are not […]

Immigration Basics: What is the difference between a visa, immigration status and permitted stay in the US (as controlled by your I-94 card)?

One of the most common and basic misunderstandings in immigration law is the distinction between a visa, immigration status and permitted stay in the U.S. Let’s go through these concepts one by one. What is a visa? A visa is a document issued by the U.S. Department of State permitting a person to arrive in […]

Tips for Working with the National Visa Center

As many of you may have experienced, the National Visa Center, or “NVC” is the mysterious government agency that demands all kinds of documents before setting up your visa interview at an U.S. consulate or embassy abroad. The NVC is part of the Department of State, the government department in charge of all visa issuance […]

How to Avoid Green Card Abandonment for Time Spent Abroad: The Reality Versus Common Misconceptions

Within immigration law, there is often a conflict between the actual law and what many perceive to be the law based on enforcement or simply ambiguous legal principles. One of the most common scenarios where we see this disconnect pertains to how long a lawful permanent resident can remain outside of the United States without […]