Aug
25
It is with great pride that we welcome our newest attorney, Gianni Arce. Gianni received his Bachelor of Arts in Political Science from the University of Southern California. He began working at Wilner & O’Reilly in 2015 as a case manager. A year and a half later, Gianni moved to...
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Aug
18
USCIS recently announced new guidance that will immediately benefit foreign students studying in the United States on an F-1 student visa. Prior to the policy update, F-1 students were subject to a “bridging” requirement. USCIS previously only approved a change of status request to an F-1 visa applicant up to...
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Aug
13
Special Immigrant Juvenile Status, also referred to as “SIJS” is a remedy that allows undocumented children under the age of 21 years old to obtain lawful status in the United States. This unique process generally requires three steps. First, one must seek an order from a state juvenile court judge. ...
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Aug
04
A May 27th, 2021, Memo addressed to all Office of Principal Legal Advisor Attorneys (“OPLA” i.e., the prosecuting body of Immigration and Customs Enforcement “ICE”) gives prosecutors greater leeway to decide which cases to pursue in Immigration Court. Prosecutorial discretion is not a phrase exclusive to immigration proceedings, but in...
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Jul
20
DACA fue creado originalmente a través de un Acto Ejecutivo por el ex-presidente Obama en el 2012. Su objetivo era proporcionar tanto la autorización de trabajo como la protección contra la deportación a los cientos de miles de niños indocumentados traídos a los EE.UU. antes del 15 de junio de...
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Jul
20
DACA was originally created through Executive Action by former President Obama in 2012. It was put in place to provide both work authorization and protection from deportation to the hundreds of thousands of undocumented children brought to the U.S. before June 15, 2012. DACA has once again received some pushback,...
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Jun
02
On January 17, 2017, the Department of Homeland Security (“DHS”) published its final adaptation of the International Entrepreneur (IE) Rule (“Rule”). The Rule authorizes DHS to exercise its discretion to grant parole to foreign entrepreneurs who would provide a significant public benefit to the United States. Significant public benefit includes...
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May
12
WHAT IS J-1 VISA AND WHEN IS A WAIVER REQUIRED? A J-1 visa is a nonimmigrant exchange visitor visa. There are multiple types of J-1 visas such as: au pair, work/study and research scholars. Generally speaking, the theory of the J-1 visa is to offer foreign nationals an opportunity to...
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May
05
On April 27th, USCIS issued updated policy guidance instructing officers to give deference to prior determinations when adjudicating extension requests, essentially reinstating long-standing ‘prior deference’ policy that was established in 2004 and later rescinded in 2017. Effective immediately, USCIS officers are instructed to give deference to prior determinations when adjudicating...
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Apr
28
Recently, there have been a surge of #immigration themed posts on social media platforms promising an easy path to adjustment of status, a process whereby an applicant can legalize their immigration status without leaving the United States. The attorneys in believe they have found easy solutions for hopefuls stuck in...
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