Author Archives: Jay Butchko
What Is the Freedom of Information Act and How Does It Apply to Immigration Cases?
The Freedom of Information Act (FOIA) is a vital tool for transparency in government, allowing individuals, attorneys, and advocates to access records held by federal agencies. Originally enacted in 1966, FOIA ensures that the operations and decisions of the U.S. government are open to scrutiny, fostering accountability and empowering individuals to obtain information critical… Read More »
USCIS Announces Updated Guidance for Filing Form I-140 with the FLAG System: What Employers and Petitioners Need to Know
On January 13, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated procedures for filing Form I-140, Immigrant Petition for Alien Workers, in alignment with the U.S. Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system. This Federal Register notice (FRN) clarifies documentary requirements for petitions accompanied by a permanent labor certification, Schedule… Read More »
USCIS Updates Guidance on EB-2 National Interest Waiver Petitions: What You Need to Know
On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated policy guidance on EB-2 National Interest Waiver (NIW) petitions, providing clarity on how eligibility is evaluated for this employment-based immigrant visa classification. The new guidance focuses on critical aspects of the NIW process, including how USCIS evaluates evidence for advanced degree professionals… Read More »
USCIS Ends COVID-19 Vaccination Requirement for Green Card Applicants: What You Need to Know
Starting January 22, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer require applicants for adjustment of status to lawful permanent resident (green card) status to provide proof of COVID-19 vaccination. This significant change removes COVID-19 vaccination documentation from the requirements outlined in Form I-693, Report of Immigration Medical Examination and Vaccination Record,… Read More »
DHS Announces New Rule to Modernize the H-1B Visa Program: What It Means for U.S. Employers and Workers
The U.S. Department of Homeland Security (DHS) recently announced a final rule aimed at modernizing the H-1B visa program. Effective January 17, 2025, the rule introduces significant changes designed to make the program more flexible and efficient, allowing U.S. companies to fill critical job vacancies with highly skilled foreign workers while improving oversight and… Read More »
The Role of Tax Returns in the Affidavit of Support: Demonstrating Income Eligibility
When sponsoring a family member for a green card, demonstrating financial stability is a critical part of the process. The Affidavit of Support (Form I-864) requires sponsors to prove that they meet the income requirements to prevent the intending immigrant from becoming a public charge. A sponsor’s tax returns play a pivotal role in… Read More »
What Is the Affidavit of Support? A Comprehensive Guide for Sponsors
When sponsoring a family member or certain immigrants for a green card, U.S. citizens and lawful permanent residents (LPRs) often need to complete Form I-864, Affidavit of Support, as part of the process. This document is not just a formality—it is a legally enforceable contract with significant financial responsibilities for the sponsor. Understanding the… Read More »
Conditional Status After Obtaining a Green Card Through Marriage
Obtaining a green card through marriage is an important step toward permanent residency in the United States, but it often comes with conditions for couples who have been married for less than two years at the time of approval. These conditions are meant to ensure that the marriage is bona fide and not entered… Read More »
Consequences of Marriage Fraud for Immigration Purposes
Marriage is one of the most common ways for non-U.S. citizens to obtain permanent residency (a green card) in the United States. While the vast majority of marriage-based green card applications are legitimate, there are instances where individuals attempt to exploit this pathway by engaging in marriage fraud solely for immigration benefits. U.S. Citizenship… Read More »
Are Surprise Home Inspections by USCIS a Concern for Marriage-Based Green Card Applicants?
One common concern among marriage-based green card applicants is whether government officers may conduct surprise home inspections to verify the authenticity of their marriage. The idea of unannounced visits can cause anxiety for couples, especially those navigating the already complex process of proving their bona fide relationship. A Houston marriage and family visa lawyer… Read More »