Being a Parent in a Visa Petition - Part I

Being a parent is never easy and so why would it be any different in the immigration context. Many of our readers have asked questions about issues they have encountered while petitioning for their children. These range from children “aging out” to proving paternity. Below, I will answer some of these questions. Please note that the advice below presumes the regular regions of chargeability for an immigrant visa and may not apply to some countries.

New Form for Replacing your Green Card

In an effort to make the application more user-friendly, the USCIS has revised the Application to Replace Permanent Resident Card (Form I-90). The USCIS will accept the old version of the form until July 28, 2010. After that date, USCIS will reject any old versions.

On a separate, yet relevant note, it is important to consult with an experienced immigration attorney prior to replacing or renewing your Resident Alien Card.

Not Again! USCIS Proposes Another Fee Hike

Once again, the United States Citizenship and Immigration Services (USCIS) is seeking to increase the filing fees for immigration applications.

The USCIS is a fee-based agency, deriving 90% or more of its revenue from filing fees. Given the projected budgetary shortfall this year, the USCIS proposes to raise its fees again.

In July 2007, the USCIS raised its filing fees on an average of about 66%. The current proposal raises the fees by another 10%.

The USCIS is seeking comments on the proposed fee increase. We encourage you to voice your concerns over the proposed fee increase, were comments can be posted.

H-1B Update

As of June 11, 2010, USCIS has received an estimated number of 22.200 H-1B petitions toward the general cap of 65,000 and 9,400 toward the 20,000 cap for individuals with advanced degrees. These numbers are for the fiscal year 2011.

Thus, anyone with an offer of employment for a “specialty occupation,” requiring a bachelor’s degree or higher, may be eligible for this valuable H-1B employment visa. If you are looking for an employment-based visa in order to remain in the U.S., immediately contact an experienced immigration attorney from our Law Firm.