The Livesay & Myers Blog


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.


The Operation of the Immigrant Numerical Control System

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

The Department of State (DOS) is responsible for administering the provisions of the Immigration and Nationality Act (INA) relating to the numerical limitations on immigrant visa issuances. This DOS information sheet explains the operation of the immigrant number allotment and control system.

How The System Operates

At the beginning of each month, the Visa Office (VO) receives a report from each consular post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

VO subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments. The totals of documentarily qualified applicants which have been reported to VO, are compared each month with the numbers available for the next regular allotment. … Read More »


Immigration News Roundup March 2, 2010

Posted on March 2nd, 2010, by James Livesay in Immigration Law. Comments Off

Mexican Immigrants in the United States“This spotlight focuses on Mexican immigrants residing in the United States, examining the population’s size, flow, geographic distribution, and socioeconomic characteristics using data from the US Census Bureau’s 2008 American Community Survey (ACS) and 2000 Decennial Census, and the Department of Homeland Security’s Office of Immigration Statistics (OIS) for 2008.” MPI, February 2010.

Mexico: A Crucial Crossroads“A decade into the 21st century, Mexico finds itself at a crucial crossroads with its northern neighbor the United States, where about 10 percent of its citizens live.” MPI, February 2010.

Pushback Over Border Busts“After warning federal prosecutors for two years, Judge Sam Sparks was fed up with the parade of nonviolent illegal aliens in the overburdened courtrooms in his Texas division. What he did next, said lawyers across the country, was astounding and unprecedented.” Marcia Coyle, NLJ, March … Read More »


Employ American Workers Act (EAWA) and H-1B Petitions

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

U.S. Citizenship and Immigration Services (USCIS) has provided detailed information regarding the Employ American Workers Act (EAWA) and H1-B petitions.

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”). The stimulus bill contained the Employ American Workers Act (“EAWA”).

EAWA took effect on February 17, 2009 and will expire on February 17, 2011. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (TARP), or under section 13 of the Federal Reserve Act (collectively referred to as “covered funding”).

EAWA affects the current Labor Condition Application (LCA) process administered by Department of Labor (DOL) and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding … Read More »




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