Immigration Law Documentation

U.S. immigration is unnecessarily complex: it is governed by laws, treaties, regulations, administrative decisions, memoranda, and executive orders; and is implemented, enforced and controlled by at least 7 different agencies including U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Labor (DOL), Department of Homeland Security (DHS), Department of State (DOS) and Department of Justice (DOJ). I’m simultaneously intrigued and appalled when USCIS advises foreign nationals that they do not need the assistance of an attorney and can file applications for significant benefits such as LPR and naturalization on their own – as if any mistake a foreign national makes will not be held against them and become a permanent part of their immigration record that will follow them for the rest of their lives. On USCIS’ website, in response to the question, “Do I need a lawyer to apply for U.S. citizenship?” USCIS states “No. You can file the USCIS forms yourself.” Have you read the N-400 and its instructions? The instructions are 18 pages long and the N-400 is 20 pages long, offering a foreign national numerous opportunities to make prejudicial errors that may result in their application being denied. And if the foreign national has any serious negative immigration history, filing such an application may expose them to removal proceedings. For example, the N-400 has several “residence” criteria that must be met. The foreign national must be an LPR and: (1) live in their current State for at least 3 months prior to filing the N-400; (2) continuously resided in the U.S. as an LPR for either 3 or 5 years, depending on the basis for filing; and (3) must have been physically present in the U.S. for at least half of the 3 or 5 years, with no absences of 6 month or longer from the U.S. [Yes, there is a great deal of counting and math involved.] Answering any of these questions wrong can result in the application being denied for lack of eligibility, or worse, result in the foreign national being placed in proceedings for violating immigration laws (that they were not even aware existed). So, do you still think you don’t need an immigration lawyer? When we’re talking about benefits applications that can determine your ability to remain in the U.S. as an LPR, or become a U.S. citizen, it is ALWAYS a good idea to consult with an experienced immigration attorney. These immigration agencies may not mind if you make a prejudicial error that gets your application denied or places you in proceedings, but your immigration attorney does care and can offer you the best legal strategy for your particular situation. If you have any questions about a challenging I-485 or N-400, please do not hesitate to send me a DM and we can discuss it. #naturalization #uscitizenship #businessimmigration #LPR #aos

Many people assume PR applications only get delayed because of low points or incomplete documents. But that’s not the full story. We’ve worked with hundreds of applications, and here’s what we’ve seen: ✅ Documents? Complete. ✅ Points? Competitive. ✅ Eligibility? Perfect. And yet, the application gets stuck or even refused. Let me show you the real reasons why many PR applications get delayed—or worse, rejected: 1)DOCUMENT MISMATCHES OR ERRORS It might not sound like a big deal, but around 28% of the cases we handled last year had documentation inconsistencies. 👉 Even something as small as your name being spelled differently on your passport and IELTS scorecard can trigger a manual review. Such mismatches don’t always cause outright refusal immediately—but they create doubts, invite requests for clarification, and prolong processing times. 2)WRONG OCCUPATION CODE OR MISMATCHED DUTIES Immigration officers are trained to scrutinize your work history for accuracy and consistency. 👉 If your experience letter doesn’t clearly show at least 70-80% of the core duties described under your chosen OCCUPATION code, your file may be returned, delayed for additional checks—or outright refused. Always ensure your job duties, titles, and employment dates match what your code demands. 3)MISSING EXPLANATION LETTERS (LOEs) Visa officers do not have time to guess your story. 👉 Any gaps in your employment, frequent job switches, periods of study without proof, or discrepancies in documents must be explained in a Letter of Explanation (LOE). If you leave these out, officers may pause processing and send requests for more details—causing significant delays—or may refuse your application outright for insufficient evidence. Other Reasons for Delays Even after perfect documentation, some files still face delays due to factors beyond your control, such as: 👉🏻Medical examination backlogs 👉🏻Security or background checks in certain countries 👉🏻Changes in immigration policy or quotas Administrative backlogs in visa offices 👉 That’s why it’s crucial to track your application closely and follow up proactively. Never assume your uploads or submissions are received unless you have official acknowledgment.🙌🏻 If you’re unsure why your file might be delayed or want it assessed before applying, drop a “PR Ready” in the comments or send me a quick message. Don’t wait for months in silence. Take control of your future. #immigration #visa #moveabroad

Applying for U.S. Citizenship? Your Past Applications and Statements Matter! I recently reviewed a USCIS decision focusing on something many often overlook: consistency and truthfulness in your immigration history. In this case, the applicant lived in the U.S. for over 25 years. He had filed multiple green card and visa applications over the years. But when it came time to apply for citizenship, his case was denied. Why? He had repeatedly failed to list his children on immigration forms, visa applications, and even during a Customs and Border Protection interview. Each time, he answered “no” when asked under oath if he’d ever given false information to the U.S. government. USCIS found these omissions weren’t accidental. They ruled he had knowingly provided false testimony to gain immigration benefits. Under the Immigration and Nationality Act, that’s enough to show a lack of “good moral character,” a required element for naturalization. - Even though the missing information might not have changed the outcome of past applications, lying about it did. If you’re applying for immigration benefits: 1) Review your old filings before submitting anything new. 2) If there were mistakes in the past, be upfront about them. Explain clearly and early. 3) Credibility and consistency matter. A lot. Unfortunately, this isn’t rare. People often skip details about their past immigration issues, criminal records, or even minor facts, thinking it won’t matter. However, when USCIS sees inconsistencies, it can lead to fraud allegations, denials, and even a Notice to Appear (NTA) in immigration court. #USImmigrationLaw #USCIS #Naturalization #GoodMoralCharacter #N400 #Truth #Fraud #Misrepresentation

I've read thousands of private text messages and DMs between couples. Not because I'm nosy, but because as an immigration attorney, I need to verify if marriages are genuine before submitting Green Card applications. After 13 years and over 1,000 cases, here's what I look for to determine if a relationship will pass USCIS scrutiny: 1. Daily life documentation • Joint bank accounts and credit cards • Shared leases or mortgages • Joint insurance policies • Utility bills with both names • Photos spanning your relationship (not just the wedding day) 2. Digital footprints • Text message history showing regular communication • Social media interactions and photos together • Video call logs if it's a long-distance relationship • Travel itineraries showing visits to each other 3. Third-party verification • Declarations from family members who've witnessed your relationship • Statements from friends who can attest to your genuine connection • Photos with each other's social circles The strongest cases show a natural progression of the relationship. I recently helped a couple whose initial evidence was weak. He was in Europe, she was in the US, and they'd only met in person three times. The solution? We dug deeper. We documented: • Their shared interests and hobbies • How they maintained connection despite distance • The genuine reasons they fell for each other • Their concrete plans for a shared future That couple just received their approval this week. Remember: Immigration officials aren't looking for perfect relationships. They're looking for authentic ones. If you're preparing for a marriage-based immigration case, start documenting your relationship now, not when you're filing. #ImmigrationLaw #MarriageVisa #FiancéVisa

New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal issued: The Senior President of Tribunals has issued a new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal taking effect from 1 November 2024. This replaces the previous version dated May 2022. Page limits and bundles: The Practice Direction has set page limits for various documents: 12 pages for the appellant’s skeleton argument where there is a legal representative (paragraph 7.6) 6 pages for the respondent’s review (paragraph 7.11) 20 pages for expert reports (paragraph 9.2) 12 pages for country information evidence schedule (paragraph 10.6) Bundle scanning and format requirements are set out at paragraph 7.2: "Any bundle prepared by a legal representative and the respondent must be in a digital, indexed, bookmarked and paginated format where every page is A4 (unless a larger page size is required for good reasons). Any documents with typed text must be formatted so that characters can be recognised by the software (this function is known as Optical Character Recognition (‘OCR’)) unless doing so garbles the text." The requirement to have witnesses give statements in their own language then get that statement translated has, thankfully, been jettisoned and replaced with the need for an interpreter’s statement instead (paragraph 8.5): "The witness statement must, if practicable, be in the intended witness’s own words. The statement need not be in a language that the witness understands. If drafted in English and this is a language not understood by the witness, it must include a signed and dated attestation by both the witness and the person who interpreted it that the statement has been read back to the witness in a language they understand and that it accurately reflects their evidence." https://lnkd.in/e4zTPwp8

🚨 USCIS Announces Major Changes to Form I-485! 🚨 USCIS has released a revised Form I-485 (Application to Register Permanent Residence or Adjust Status) with several key updates. Starting February 10, 2025, only the 10/24/24 edition of Form I-485 will be accepted. Older editions will be rejected. 📢 What You Need to Know 1️⃣ Mandatory Submission of Form I-693: • Form I-693 (Medical Examination and Vaccination Record) is now required to be submitted alongside Form I-485. Failure to do so may result in rejection of your application. 2️⃣ No More Form I-864W: • Applicants exempt from the Affidavit of Support (Form I-864) can now request this exemption directly on Form I-485. • Form I-864W has been discontinued and removed from uscis.gov. 3️⃣ Clearer Questions on Public Charge Inadmissibility: • Questions now specify immigrant categories, making it easier for USCIS to determine exemptions from the public charge ground of inadmissibility. 4️⃣ Streamlined Instructions • Form I-485 now consolidates instructions, which aims to reduce complexity, and improves clarity for applicants. Remember: If you plan to submit Form I-485, ensure you are using the correct version (especially after February 10, 2025) and prepare to submit Form I-693, alongside the application packet. #ImmigrationNews #USCISUpdate #FormI485 #GreenCardProcess

Poorly organized evidence for visa petitions like EB-1A, NIW & O-1 may delay your process even if you’re qualified. I have seen many immigrants engaged in activities like speaking at conferences, judging competitions, or publishing research, but they fail to properly document their achievements in a clear way. When USCIS reviews your petition, they want to see a cohesive, well-documented story of your ability or impact. If your evidence is incomplete, scattered, or confusing, it weakens your case. Here’s how you can properly organize your evidence: 📌 For Speaking Engagements: - Keep the official invitation to present at the conference. - Save the conference program or agenda listing your name as a speaker. - Retain a thank-you email or participation certificate from the organizers. - Ask a friend to take a photo of you presenting in front of a crowd - Create a dedicated folder for each conference. 📌 For Judging Competitions (Hackathons, Awards Panels, Grant Reviews): - Keep the invitation to judge. - Get proof that you actually participated (an email, letter, or a certificate of participation) that explains the standards for qualifying as a judge.  - Save official documents listing who was being judged and the credentials of these people. - Have evidence of what the prize was. 📌 For Research, Publications & Media Coverage: - Collect official publication records (e.g., DOI numbers, journal listings, conference proceedings). - Save citations or media mentions referencing your work. - Retain email confirmations from journal editors or media outlets. 📌 For Awards & Recognition: - Keep the award letter or official announcement. - Save a copy of the awarding organization’s evaluation criteria for the award.  - If there is an award ceremony, take a few photos. - Save information that describes the competitiveness of the award, like how many people applied.  Finally, maintain an evidence tracker for the date of the achievement, the type of evidence collected, and missing info. By staying organized now, you’ll save yourself frustration later. Do you need help with your EB-1A, NIW, or O-1 petition? DM or email me. #h1b #eb1 #o1 #niw #visa #USA #immigration #USCIS

Travel Reminder for Immigrants & Visa Holders: Be Prepared! As we move into a period of increased immigration scrutiny, I want to remind everyone—especially visa holders, green card applicants, and those with pending petitions—to carry proper documentation when traveling, even domestically. U.S. Customs and Border Protection (CBP) officers are increasingly conducting checks at airports and transportation hubs, as well as near the Canadian border. If you are not a U.S. citizen, you should always carry proof of lawful status, such as: ✔️ Valid visa, I-94, or I-797 approval notice ✔️ EAD card if applicable ✔️ Advance Parole (for pending AOS applicants) ✔️ Permanent Resident Card (Green Card) 🌍 International Travel Risks: Many of you have heard the rumors—travel bans may be on the horizon. Additionally, visa processing delays are worsening due to budget cuts and layoffs at the Department of State. This means: 1. Longer visa wait times—even routine renewals may take months 2. Increased scrutiny at consulates—denials or administrative processing could leave you stuck abroad 3. Potential new travel bans—policies can change overnight, making reentry uncertain If you’re on a visa or awaiting status approval, think twice before making international travel plans. And for those traveling domestically, carry your documents at all times. If you have concerns about your travel situation, speak to an immigration attorney before booking your trip. Stay informed. Stay prepared. Stay protected. #ImmigrationLaw #TravelAdvisory #VisaProcessing #H1B #GreenCard #AdvanceParole #ImmigrationUpdates

Should you carry proof of immigration status in the United States? This may be somewhat inconvenient, but the law does require foreign nationals to carry proof of status on them, and the times have obviously changed. Visa Holders: Make sure to have your visa approval notices and any other relevant documents, including your Employment Authorization Document (the "EAD Card"), handy. International Students: You should have your most recently issued Form I-20 with you. If you changed status from a different visa classification, carry your approval notice, too. Permanent Residents: Many are surprised to hear this, but you are required to carry your green card on you at all times as a permanent resident, and failure to do so is a misdemeanor and can lead to fines. I've never seen this enforced, but I wouldn't discount it now. Though not necessary, it may be wise to make copies of your immigration documents and store them in different locations (e.g. your car, workplace, etc...) -- Have questions about US immigration law? Reach out via LinkedIn or email (amatias@altius.law). #immigration #visas #internationalstudents #greencard #uscis

When one of our immigration attorneys goes into a marriage-based green card, they usually bring a stack of updated marital evidence. The trick is to bring the right documents, but leave out the unnecessary extras. I don't think USCIS officers like receiving hundreds of pages of tax returns. But they do like to see evidence of a shared life. For photos, we do two digital pics per page, with a short description underneath. We document any purchases or trips together. Recurring bills with both names on the account are good. But leases or property purchases are better. Of course, children are perhaps the best evidence of all. We don't usually recommend bringing small children to the interview, but evidence of their existence is helpful. In any event, we like to hand the evidence to the officer and to give it a little heft so that when it hits the desk, there is a bit of a thud. Sometimes, our paralegals go a little overboard and we have to cut back some of the stack. We also always have our clients bring their identity documents, but we have a ready copy of those too. Pays to be organized and thorough at the beginning and usually makes the whole interview easier.