COMMON PITFALLS FOR IMMIGRANTS AND NONIMMIGRANTS:
Traveling On Your Advance Parole? Be sure the document will still be valid when you return or you may be deemed to have abandoned your Adjustment of Status Application.
You have the right to marry, but if you are a foreign national coming to the US to marry a US Citizen and apply for an immigrant visa, be sure you understand the implications of entering the US on a non-immigrant visa with the intent to immigrate. Entry on your B-1/2 visitor visa or the Visa Waiver Program may preclude you from adjusting your status in the United States. A "preconceived intent" to remain in the US permanently at the time of your arrival as a non-immigrant temporary visitor may be determined to be a misrepresentation of the purpose of your entry and a misuse of your visitor visa. Misrepresentation could be considered visa fraud which could render one permanently excluded from the US.
Did You Know There Is No H-1B Grace Period! When an H-1B employee leaves his or her employment regardless of whether the employee left voluntarily or was terminated, that person is no longer “in status”. There is no grace period! While USCIS has considered implementing a grace period, to date no change has been made in this policy. H-1B employees who remain in the United States after their H-1B employment has terminated are in violation of their status and may be precluded from changing or extending their status. While USCIS may, in its discretion, allow a change or extension under certain conditions, H-1B employees, there is no guarantee that the case will be approved and the H-1B holder is at risk during the period they are “out-of-status”. The longer the period of time, the less likely USCIS will be to approve any request for a change, or extension of status. Whenever possible H-1B employees should carefully consider their options and timing when leaving H-1B employment. Please note that an immigration officer at the port of entry “may” grant a 10 day period beyond the end date of the H-1B entry but this time is intended to provide time to finalize one’s affairs prior to leaving the US at the end of the period of H-1B status. This 10 day period does not apply if the employee is terminated or leaves the employment prior to the end date indicated on the I-94 form.
MILITARY DRAFT REGISTRATION
Congratulations on becoming a Permanent Resident: But did you remember to register for the military draft? If you are a young male between the ages of 18 and 25 you are obligated to register for the military draft even though the draft has not been utilized in decades. After successfully navigating the immigration process and all its complexities many people are not aware of this requirement. USCIS does not necessarily inform residents of their duty to register and failure to register may affect your future benefits in the US. Are you required to register? You can check at: http://www.sss.gov/default.htm
Did you relocate? Don’t forget to update your address with USCIS ASAP. You can file the form online at: http://www.uscis.gov/addresschange