The Livesay & Myers Blog

Proposed Immigration Fee Changes

Posted on July 28th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Changes are coming to the fees charged by the nation’s adjudicator of immigration benefits, U.S. Citizenship and Immigration Services (USCIS). Under the new proposed fee schedule, filing fees for most applications will rise an average of 10%. Notable increases include:

Form I-130 (family petition) – increase from $355 to $420
Form I-485 (green card application) – increase from $930 to $985
Form I-765 (work authorization application) – increase from $340 to $380
Form I-751 (removal of conditions on green card application) – increase from $465 to $505

The filing fee for the naturalization application, Form N-400, will remain at $675.

Filing fees for 3 notable applications are actually decreasing: 1) petitions for fiance visa ($455 to $340), 2) applications to extend/change nonimmigrant status ($300 to $290) and 3) applications for replacement naturalization certificate ($380 to $345).

A 45-day comment period on the proposed changes ended on July … Read More »

Temporary Protected Status For Nationals of El Salvador and Haiti

Posted on July 28th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Temporary Protected Status (TPS) has been extended for nationals of El Salvador until March 9, 2012. Current TPS holders can re-register for benefits until September 7, 2010. If you are a national of El Salvador who did not register during the initial registration period in 2001, you may still be eligible for late registration if you meet the following criteria:

You have lived in the United States since February 13, 2001 AND, since 2001:
were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief during deportation proceedings;
had a pending application for change of status, adjustment of status (green card), asylum, voluntary departure, or any other relief during deportation proceedings that you were able to appeal the denial of;
were a parolee or had a pending request for re-parole; OR
you were the spouse or child of an alien currently … Read More »

Paying for Private Education with Child Support

Posted on July 26th, 2010, by James Livesay in Family Law. Comments Off

Is there anything you can do when you want your child to have a private education, but your ex doesn’t want to help pay the bill? It depends.

This is how child support works in Virginia: there is a presumptive amount of child support that is due to the primary custodial parent that is calculated using the gross incomes of the two parents. This presumptive amount of child support can be rebutted upon findings of fact, as required by Virginia Code Section 20-108.1(B), that justify a deviation from the guidelines.

Will a court deviate from the guidelines– order more child support than stated in the guidelines– to allow the custodial parent to send the child to private school? To answer this question, the Virginia Appellate Court has written that “a parent may be required to pay for private education expenses, even though … Read More »

Immigration Benefits Available To Guatemalans After Tropical Storm Agatha

Posted on June 14th, 2010, by James Livesay in Immigration Law. Comments Off

In the wake of Tropical Storm Agatha, several forms of temporary immigration relief are available to eligible Guatemalan nationals upon request to U.S. Citizenship and Immigration Services (USCIS).

Temporary relief measures available to eligible nationals of Guatemala include:

The grant of an application for change or extension of nonimmigrant status on behalf of a Guatemalan national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired; 
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);
Expedited issuance of employment authorization where appropriate; and
Assistance to LPRs stranded … Read More »

Uncontested Divorce The Cheap and Quick Way

Posted on May 9th, 2010, by James Livesay in Divorce, Family Law. Comments Off

For years, the divorce attorneys at Livesay & Myers, P.C. have secured cheap, quick uncontested divorces for clients in Fairfax, Alexandria, Arlington, Manassas, Woodbridge, Stafford, Fredericksburg and all across Northern Virginia. Virginia law allows for an uncontested divorce on the no-fault grounds of (1) separation for at least twelve months, or (2) separation for at least six months, with a separation agreement and no minor children. If you meet one of these grounds, have no outstanding custody, support, property or other issues to be resolved, and your spouse will cooperate fully, we can process your uncontested divorce quickly, with no court appearance, for a low flat fee.

How Does It Work?

Central to our ability to process no-fault divorces quickly and cheaply is this simple fact: Virginia law allows us to file an uncontested, no-fault divorce in any jurisdiction in Virginia, so long as both parties agree. This … Read More »

USCIS Continues to Accept FY 2011 H-1B Petitions

Posted on April 9th, 2010, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2010 that it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the … Read More »

How Do I Get My Spouse Out Of The House?

Posted on March 19th, 2010, by James Livesay in Divorce, Family Law. Comments Off

So things have been rocky and you and your spouse have decided to split up. There is just one problem: neither of you wants to leave. If you are both on the title of the house, then you are both entitled to remain there. Besides, you can’t afford to make an additional rent or mortgage payment.

What do you do? Well, if you want out badly enough, you have several options:

Move in with a friend or family member, gratis;
Get a roommate;
Put the house up for sale; or
Try to refinance.

However, if you really want to stay in the home, you may be able to get your spouse out of the house, depending on the circumstances:

If you are being physically abused by your spouse and in imminent fear for your safety, you need to get a protective order. With the protective order, you … Read More »

Immigration News Roundup March 12, 2010

Posted on March 12th, 2010, by James Livesay in Immigration Law. Comments Off

Backlog in Immigration Cases Continues to Climb“Cases awaiting a hearing in the nation’s Immigration Courts reached an all-time high of 228,421 in the first months of FY 2010, according to very timely government enforcement data obtained by the Transactional Records Access Clearinghouse (TRAC). The current number of pending cases is up 23 percent just since the end of FY 2008, and 82 percent higher than it was ten years ago.” TRAC, March 2010.

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications“As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL.” USCIS, March 10, 2010.

2009 Country Reports on Human Rights PracticesDOS, March 11, 2010.

Business owners push Obama on immigration reform“The proponents believe immigration reform will help stimulate the nation’s shaky economy, including the housing market. “The majority of Realtors … Read More »

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

Posted on March 9th, 2010, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) announced on March 8, 2010 that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach … Read More »

Annual Report of Immigrant Visa Applicants

Posted on March 8th, 2010, by James Livesay in Immigration Law. Comments Off

The National Visa Center (NVC) at Portsmouth, New Hampshire has released its Annual Report of Immigrant Visa Applicants in the Family-sponsored and Employment-based preferences Registered as of November 1, 2009.

The report shows the numberof immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limits, and is worth reading for anyone on the list.

Contact UsIf you or a loved one require legal assistance with an immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent clients throughout Virginia, Maryland and the District of Columbia.

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