The Livesay & Myers, P.C. Blog


USCIS Officers Travel to Afghanistan to Naturalize Military

Posted on May 20th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Officers Travel to Afghanistan to Naturalize Military

U.S. Citizenship and Immigration Services (USCIS) officials traveled to Afghanistan this week to process applications and interview 125 members of the military who have applied to become U.S. citizens. These USCIS officials are on site to ensure that every eligible servicemember can participate in a special Memorial Day naturalization ceremony at Bagram Air Base in Afghanistan.

“These USCIS officers volunteered to deploy in support of our military men and women serving in Afghanistan,” said acting USCIS Deputy Director Mike Aytes. “It is a privilege to support our nation’s servicemembers in their pursuit of citizenship, and we are humbled by their selfless service to the United States.”

All immigrants who have served honorably in an active-duty status for any period since Sept. 11, 2001, are eligible to apply for citizenship under special provisions in the Immigration and Nationality Act. Since then, USCIS officers … Read More »


USCIS Updates Information on FY2010 H-1B Petition Filings

Posted on May 19th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Updates Information on FY2010 H-1B Petition Filings

U.S. Citizenship and Immigration Services (USCIS) yesterday announced information on the number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of … Read More »


New Concurrent Receipt Plan For Medical Retirees

Posted on May 15th, 2009, by James Livesay in Family Law, Military Divorce. Comments Off on New Concurrent Receipt Plan For Medical Retirees

More details surfaced this week on the Administration’s proposal to expand concurrent receipt to service members who were medically retired, sometimes referred to as Chapter 61 retirees.

Under the Administration’s Omnibus proposal, all Chapter 61 retirees will become eligible for Concurrent Retirement and Disability Pay (CRDP) over a five-year period starting in January 2010. The expansion will come in two phases.

The first three years of the five year phase-in opens CRDP eligibility to the more severely disabled Chapter 61 retirees with less than 20 years of service.

On January 1, 2010, Chapter 61 retirees with less than 20 years of service and a VA rating of either 90% or 100% become eligible
On January 1, 2011, Chapter 61 retirees with less than 20 years of service and a VA rating of either 70% or 80% become eligible
On January 1, 2012, Chapter 61 retirees … Read More »


Bernanke Speaks Out Against H-1B Caps

Posted on May 14th, 2009, by James Livesay in Immigration Law. Comments Off on Bernanke Speaks Out Against H-1B Caps

U.S. immigration policy hurts the nation’s competitiveness by forcing thousands of foreign graduates with sought-after skills and brainpower to leave the country, as pointed out by a new USA Today editorial.

As explained by USA Today, federal law limits the number of highly skilled foreign workers whom U.S. companies can hire under the H-1B program. Every April 1, U.S. companies file petitions to hire these individuals for the following fiscal year (beginning October 1).

In recent years, the cap of 85,000 (including 20,000 set aside for those with advanced degrees from U.S. institutions) has been reached within days, sometimes the first day.

Federal Reserve Chairman Ben Bernanke has now spoken out against this counterproductive system, telling a congressional panel, “[o]ur immigration laws discriminate pretty heavily against highly talented scientists and engineers who want to come to this country and be part of our … Read More »


USCIS Announces Extension of the J-1 Entry Date

Posted on May 14th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Announces Extension of the J-1 Entry Date

U.S. Citizenship and Immigration Services (USCIS) reminds customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the date until Sept. 30, 2009 by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the “Conrad 30” program. Before this latest extension was granted, the most recent sunset date for qualifying J-1 admission was March 6, 2009.

Under the “Conrad 30” program, each state health department may submit a request directly to the Department of State (DOS) to initiate the waiver process for a J-1 medical doctor. This request enables J-1 doctors to obtain a waiver of the two-year foreign residence requirement, if DOS submits a favorable recommendation to USCIS and will generally be granted as long as there are no underlying concerns. Once the waiver is granted, J-1 … Read More »


USCIS Updates Count of FY2010 H-1B Petition Filings

Posted on April 28th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Updates Count of FY2010 H-1B Petition Filings

On April 27, 2009, U.S. Citizenship and Immigration Services (USCIS) announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, the agency continues to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes … Read More »


USCIS Announces Updated Number of FY2010 H-1B Petition Filings

Posted on April 19th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Announces Updated Number of FY2010 H-1B Petition Filings

On April 9, 2009, U.S. Citizenship and Immigration Services (USCIS) announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, the agency continues to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes … Read More »


Labor Federations Announce Support For Immigration Reform

Posted on April 14th, 2009, by James Livesay in Immigration Law. Comments Off on Labor Federations Announce Support For Immigration Reform

Today, the nation’s two major labor federations, the A.F.L. – C.I.O. and Change to Win, agreed for the first time to join forces to support an overhaul of the immigration system.

The accord reached by the two federations today endorses comprehensive immigration reform that includes a path to citizenship for undocumented workers.

The following is a statement by Angela Kelley, Director of the Immigration Policy Center in Washington, D.C.:

“Today’s announcement from the country’s most powerful labor federations serves as yet another signal that the momentum for immigration reform is building, and the muscle behind it is growing stronger. We applaud the leaders of the A.F.L.- C.I.O and Change to Win labor federations for providing constructive input and coming together to support a comprehensive solution to our broken immigration system.

Labor’s alliance on this issue adds to increasing evidence that immigration reform and economic … Read More »


Is It Really Cheaper To Keep Her (Or Him)?

Posted on February 12th, 2009, by James Livesay in Divorce, Family Law. Comments Off on Is It Really Cheaper To Keep Her (Or Him)?

Spousal support (alimony) is often the toughest nut to crack in a contested divorce in Virginia. More and more, Virginia Courts seem to be relying on some “local guidelines” in determining spousal support—guidelines that seem to favor the payor of support.

The spousal support issue arises in any Virginia separation or divorce case where the parties have been married for any substantial length of time and there is a significant gap in the parties’ income. When spousal support comes into play, the parties and their attorneys (and the Court, if the parties cannot agree) have to sort out (a) how much spousal support should be paid, and (b) for how long. I won’t get into the “for how long” issue here—perhaps I’ll address that in a future post. But I do want to talk about the “how much” question.

With CHILD support … Read More »




Our Locations
Fairfax Office
3975 University Drive #325
Fairfax, VA 22030
703-865-4746
Manassas Office
9408 Grant Avenue #402
Manassas, VA 20110
571-208-1267
Leesburg Office
113 E Market St #110
Leesburg, VA 20176
571-291-3190
Fredericksburg Office
303 Charlotte Street
Fredericksburg, VA 22401
540-370-4140