Potter Law Group - Immigration Law

08/14/2016

Hundreds of thousands of potentially eligible individuals have not yet applied.

08/05/2016

US Sen. Brian Schatz issued a statement regarding Donald Trump’s suggestion that the US ban immigrants from a number of countries—including the Philippines.

08/04/2016

New announcement regarding the I-601A Provisional Waiver for those who have need a waiver for unlawful presence in the U.S. and have an approved petition for an immigrant visa. See the USCIS announcement below.

U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawf

07/17/2016

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html

Email addresses provided here will be used solely to email the link indicated. They will not be saved, shared, or used again in any manner whatsoever.

07/17/2016

Amazing! after 41-years justice was served. Congratulations to the couple.

Sveta Apodaca, June 9, 2016 - "In a series of recent decisions, the Board of Immigration Appeals (BIA) and the U.S. Citizenship and Immigration Services (USCIS) have recognized as valid the April 21, 1975 marriage of two gay men, Richard Adams and...

06/27/2016

Through our work, we eventually have clients that were initially misguided or received wrong information and filed their Adjustment of Status application when they did not qualify. Specifically, for those who were admitted with a visa (tourist) and decide to overstay (TNT) and wait for their priority date to become current so they can apply for their "green card" through an Adjustment of Status, please be informed that the ability to adjust doesn't apply to all. Here is what the law states:

Ineligibility for a Green Card through Adjustment of Status process

An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he:
-entered the U.S. without permission; or
-entered lawfully but then overstayed the allowed time granted and is now out of valid immigration status; or
-worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen; or
-is a “Transit without a Visa” holder or a holder of a Visa Waiver (WT or VT) unless an immediate relative of a U.S. citizen; or
-entered the US on a K-1 fiance visa but then seeks to apply for adjustment of status on a different basis than the marriage; or
-an immigrant visa number is not immediately available (applicant must have a current priority date or be an immediate relative of a U.S. citizen.

The above are the most common reasons why a person may not be eligible to apply for adjustment of status. The exception to the above are "Immediate Relatives" of U.S. citizens: spouses, parents, or minor children of U.S. citizens.

06/23/2016

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the preliminary i...

06/22/2016

The July 2016 Visa Bulletin is out. For family preference categories in the Philippines, these are the priority dates being processed now. For Employment Based see the Department of State Link at https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-july-2016.html

F1 (Unmarried Sons and Daughters of U.S. Citizens) 01FEB05
F2A (Spouses and Children of Permanent Residents) 15NOV14
F2B ( Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents) 01JUL05
F3 (Married Sons and Daughters of U.S. Citizens) 01MAR94
F4 (Brothers and Sisters of Adult U.S. Citizens) 01JAN93

Email addresses provided here will be used solely to email the link indicated. They will not be saved, shared, or used again in any manner whatsoever.

06/22/2016

We apologize for not updating our FB page. The Potter Law Group has been reorganizing itself in the United States to best serve our clientele. If you have any specific questions or would like to make an appointment for a consultation with Atty. Thomas Potter via Skype, please contact his assistant, Rosario Hernandez, who is based in Cebu at [email protected]. We will start updating this FB page with current immigration news that may impact the Filipino community. Thank you for your patience and support.

09/13/2015

A positive step has been taken to encourage noncitizens to “stay the course” as they endure long waits for permanent residence.

08/01/2015

The August Visa Bulletin is out. Check it out if you or your family member have a pending immigrant petition waiting on a priority date. Here is the link: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-august-2015.html

1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security rep…

07/29/2015

Thank you California for approving this new law!

News: IMMIGRATION: Work rules eased for some immigrants | law, state, california, licensing, identification, new, licenses, immigrants, working, numbers