Green Cards

News & Analysis as of

U.S. Government Issues Helpful Hints Regarding Marketplace Health Insurance Coverage and Immigration Status

In mid-March, the U.S. Citizenship and Immigration Services issued a notice including helpful hints for individuals who may have questions regarding their immigration status and how this may or may not affect eligibility for...more

EB-5 Visas: a Source of Funding for US Businesses but not Without Risk

China’s wealthy investors are known for seeking secure havens for their money overseas. In addition to being considered a secure environment for their money, the US offers the EB-5 program providing the investor and his or...more

What to Do and Not to Do When Filing for a Marriage-Based Green Card

The process of obtaining a marriage-based green card can be long and fraught with challenges. Married couples seeking to obtain a green card for one of the spouse should keep in mind the following do’s and don’ts when...more

Differences between Work Permit and Green Card

Many people use the words “work visa” and “green card” interchangeably when they are talking about employment-based immigration, but there are several key differences between the two immigration options. The biggest...more

Banker Beware: EB-5 Programs Can Be Fraught With Peril

The EB-5 visa, created by Section 203(b)(5) of the United State's (U.S.) Immigration Act of 1990, was established to attract foreign capital and create U.S. jobs by providing a method of obtaining a Green Card for foreign...more

What Green Card Holders Need to Know When Filing Tax Return

The U.S. tax filing deadline is fast approaching on April 15, 2014. Green card holders often have a number of questions when it comes to tax obligations. As we explained in this recent post, green card holders are generally...more

Does My “Green Card” Expire?

Your Permanent Resident Card (or “Green Card”) is proof of your permanent resident status in the U.S. It also serves as an identification document and proof that you are eligible to live and work in the U.S. Although some...more

Are Green Card Holders Subject to Tax Reporting Obligations?

Tax season is upon us and Americans across the country are busy preparing their state and federal income tax returns. Many green card holders wonder whether they are subject to U.S. tax reporting obligations and, if so, what...more

Getting a Green Card Subjects Noncitizens to U.S. Foreign Bank Account Reporting Requirements

A resident or citizen of a country other than the United States who obtains lawful permanent resident status in the United States, often referred to as a “green card,” becomes a resident of the United States for U.S. income...more

Eleventh Circuit Court Holds That Remarriage Does Not Bar Green Card Eligibility for Surviving Relative

In Williams v. U.S. Dept. of Homeland Security, the United States Court of Appeals for the Eleventh Circuit reversed the district court's grant of summary judgment and remanded the case, finding that remarriage does not bar...more

Protecting the Integrity of the EB-5 Investment Market Through the Adoption and Use of Due Diligence Best Practices

EB-5 stakeholders must act to protect the integrity of the EB-5 investment market in the wake of the SEC fraud complaint against the International Regional Center Trust of Chicago, LLC. The EB-5 immigrant investor program...more

Advising Business Owners Seeking Financing Through the EB-5 Immigrant Investor Visa Program

Business owners throughout the United States are still finding it difficult to finance development and expansion of their business, almost three years after the start of the Great Recession in September 2008, and weak job...more

Update on California’s New Targeted Employment Area Procedures for EB-5 Immigrant Investor Financing

The Governor’s Office of Business and Economic Development is actively communicating with EB-5 stakeholders to address concerns raised with the new procedures for designating “Targeted Employment Areas.” We met with Brook...more

EB-5 Alert: California’s New Targeted Employment Area Procedures Impose New Barriers on California’s Ability to Compete for EB-5...

California has adopted new policies that will deny EB-5 financing to many projects. On April 30, 2012, the California Department of Business, Transportation and Housing Agency released a bombshell that will have substantial...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

USCIS Issues Policy Memo on Parole of Non-Citizen Family Members of Military Service Men and Women

Parole in place (PIP) is an immigration procedure that allows qualifying family members who entered the U.S. without inspection and admission to apply for green cards (adjustment of status) while in the U.S., instead of being...more

Expect Significant EB-2 India Retrogression In December

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular...more

Updates from USCIS: Parole in Place, E-Verify and December Visa News

Parole in Place (PIP) Provides Pathway to Green Card for Families of Service Members - The U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum addressing the parole of spouses, children...more

What You Need to Know about Your Marriage Green Card Interview

An interview with a U.S. Customs and Immigration Services official is a critical part of the marriage-based green card application process. The USCIS considers the interview to be an opportunity to confirm that the...more

USCIS Begins Approving Green Card Applications for Same-Sex Married Couples

A California professor was one of the first binational couples to have their marriage recognized by federal immigration officials. Although Tom Knutson and his partner Phan Datthuyawat have been together for more than 20...more

Immigration Alert: October 2013

I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional....more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

EB-5 Program Faces Heightened Enforcement Scrutiny

Announcements last week by the Securities and Exchange Commission (SEC) and U.S. Citizenship Immigration Services (USCIS) indicate that investments made through the EB-5 Immigrant Investor Program (the EB-5 Program) will be...more

Diversity Lottery FAQ

The Diversity Visa (DV) Lottery Program provides 55,000 green cards each year to nationals of countries which the U.S. considers to be under-represented in U.S. immigration. The following are frequently asked questions...more

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