17 March

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EB-4 Green Card: The Religious Worker Exception

Most employment-based green card categories (such as EB-1 for extraordinary ability or EB-2 for advanced degrees) require applicants to have maintained lawful nonimmigrant status at all times. If an asylum applicant allowed their nonimmigrant status to expire, they typically lose eligibility for adjustment of status under INA § 245(a). However, EB-4 religious workers are exempt from this requirement. Even if an asylum applicant has been in the U.S. for years without lawful nonimmigrant status, they can still qualify for EB-4 if they meet the religious worker requirements....

16 March

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Alternative Ways To Get a Green Card While Asylum Case Is Pending

Posted by Ernest Goodman

in Immigration Law

If your asylum case processing is experiencing delays or is possibly advancing to appeals in higher courts, it could be beneficial to consider alternative routes to obtaining a U.S. green card. For instance, you could consider marrying a U.S. citizen, securing a spot in the diversity visa lottery, or finding a U.S. employer to sponsor you....

03 March

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Habeas Corpus in Immigration Detention: When Deportation is Not Possible

Posted by Ernest Goodman

in Immigration Law

Habeas corpus, under 28 U.S.C. § 2241, is a fundamental legal principle that allows individuals to challenge unlawful detention by the government. It serves as a safeguard against arbitrary or prolonged confinement without justification. In the immigration context, habeas corpus is particularly relevant for noncitizens detained by ICE beyond a reasonable period, especially when removal is not feasible. Noncitizens in detention often have limited legal options once a final removal order is issued. While ICE has the authority to detain individuals pending deportation, the legal basis for continued detention weakens when actual removal is not reasonably foreseeable. Habeas corpus petitions allow...

03 March

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EB-5 Visa and Trump’s Gold Card: 2025 Updates

Posted by Ernest Goodman

in Immigration Law

In February 2025, former President Donald Trump announced a new immigration initiative known as the "Gold Card" visa. This proposal suggests granting U.S. residency to wealthy foreign investors in exchange for a $5 million investment. The Gold Card visa is envisioned as an alternative to EB-5, which has a much lower investment threshold but requires proof of job creation for U.S. workers. According to the Trump administration, the Gold Card is intended to simplify the process for affluent investors, eliminating certain requirements, such as proving that the investment leads to employment opportunities. The administration has argued that the existing EB-5 program...

24 February

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Applying for an H-1B visa from inside and outside the U.S.

Posted by Ernest Goodman

in Immigration Law

U.S. visas are generally divided into two main categories: Immigrant Visas – These lead to permanent residence (green card). Examples include family-based green card petitions, EB-1, EB-2 NIW, and EB-5 investor visas. Non-Immigrant Visas – These are temporary and meant for specific purposes like tourism, study, or work. Examples include B-1/B-2 (tourism/business), F-1 (students), and H-1B (temporary workers)....

22 February

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What is PIP for Military Family Members?

Posted by Ernest Goodman

in Immigration Law

Parole in Place (PIP) is a special immigration program that allows immediate family members of U.S. military personnel (active duty, veterans, and some reservists) to obtain legal status despite having entered or remained in the U.S. unlawfully....

09 February

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The Critical Importance of Legal Representation in Removal Proceedings

Posted by Ernest Goodman

in Immigration Law

A potential client recently approached me regarding his individual hearing in three months. He provided a personal statement and affidavits from friends as evidence of persecution. When I quoted my regular fee for removal defense, I noticed a major issue—he had crossed the border twice in less than two years, voluntarily returning to his home country....

17 January

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Important Update: TPS Extension for Ukraine Through October 2026

Posted by Ernest Goodman

in Immigration Law

If you have a pending Form I-821 (Application for Temporary Protected Status) or Form I-765 (Application for Employment Authorization) as of January 17, 2025, you do not need to refile these applications. USCIS will continue processing any applications that were submitted under a previous TPS designation for Ukraine. Once your application is approved, you will be granted TPS through October 19, 2026, and, if applicable, issued an updated Employment Authorization Document (EAD) valid through the same date....

02 January

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EB1A for Filmmakers

Posted by Ernest Goodman

in Entertainment Law, Immigration Law

While meeting three of the ten criteria is a necessary step to qualify for the EB1-A visa, it is not always as straightforward as it may sound. The Kazarian case clarified that it’s not simply about checking off three categories; the evidence must demonstrate that the applicant is truly extraordinary in their field. Filmmakers who have achieved significant accomplishments, received recognition from prestigious institutions, and made lasting contributions to the industry may be eligible for an EB1-A visa....

29 October

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Visa Mantis Checks: Visa Revoked or Denied

Posted by Ernest Goodman

in cybersecurity, Immigration Law

Today we will discuss the Visa Mantis Check and the Technology Alert List (TAL). Sometimes, students on F-1 visas or workers on H-1B visas leave the U.S. temporarily, only to face unexpected delays, visa revocation, or even denial of re-entry. This can be a distressing situation for individuals who have adhered to their visa guidelines, only to be flagged under what is known as the Visa Mantis Check. There are cases when students or H-1B visa workers have their visas revoked....