The Livesay & Myers, P.C. Blog


USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program

Posted on June 19th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program

U.S. Citizenship and Immigration Services (USCIS) has issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB5 Immigrant Investor Program.

Entering the U.S. on the basis of an investment (as opposed to a family or employment-based petition) can either take the form of a nonimmigrant (temporary) visa or an immigrant visa, which results in the Permanent Resident “Green Card.” The Permanent Residency route for an investor is known as the EB5 Investor Category. This category was created by Congress to allow foreign investors and their immediate family members to obtain permanent residency in the U.S. in exchange for investing in an employment-creation commercial enterprise.

In order to qualify for EB5 Immigration, the foreign investor must: 1) create a new business, 2) expand an existing business, … Read More »


Think Twice About Handling Your Separation and Divorce Without An Attorney

Posted on June 18th, 2009, by James Livesay in Divorce, Family Law, Military Divorce. Comments Off on Think Twice About Handling Your Separation and Divorce Without An Attorney

For most uncontested divorces, the parties will need to execute a property settlement agreement, commonly known as a “PSA,” settlement agreement, or simply a separation agreement. With the growing availability on the internet of forms and samples for such documents, some people feel confident in drafting an agreement without the assistance of an attorney. These agreements may turn out to be valid and work for some people, but may result in financial disaster for others.

Language in a separation agreement may seem to have one meaning, but may have an entirely different legal meaning. As an example: John and Ellen sign a separation agreement stating they will “share” physical and legal custody of the child. However, Ellen keeps the children most of the time. Without knowing anything else about this agreement, Ellen may have opened the door for a smaller amount … Read More »


USCIS Releases Questions and Answers On Child Status Protection Act

Posted on June 17th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Releases Questions and Answers On Child Status Protection Act

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.

Since its enactment on Aug. 6, 2002, U.S. Citizenship and Immigration Services (USCIS) has provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA.

A memo issued April 30, 2008 made some substantive changes to how USCIS applies CSPA. On June 15, 2009, USCIS issued a Questions and Answers document under the new guidance:

Questions and Answers

Q. What is Child Status Protection Act (CSPA)?

A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the … Read More »


Two American Soldiers Become U.S. Citizens At Ceremony In Honduras

Posted on June 11th, 2009, by James Livesay in Immigration Law. Comments Off on Two American Soldiers Become U.S. Citizens At Ceremony In Honduras

On June 10, 2009, the U.S. Embassy in Tegucigalpa, Honduras hosted the first naturalization ceremony ever held by the U.S. Citizenship and Immigration Services (USCIS) in Latin America.

“I can think of no greater privilege than to be the first to welcome as the newest citizens of the United States two American soldiers, who currently serve our nation in Honduras and who have each already completed two tours of duty in Iraq,” said Michael Aytes, USCIS’ acting deputy director.

Army Staff Sgt. Damien Milne, a native of the Marshall Islands, submitted his application for U.S. citizenship less than a month ago. On June 8, USCIS Honduras Field Office Director Emigdio Martinez traveled to Soto Cano Air Base and administered the naturalization test to Milne, which he aced. The new U.S. citizen now calls Killeen, Texas home.

Army Sgt. Carmen Villa, born in Mexico, … Read More »


USCIS Naturalizes 40 Military and Family Onboard USS Essex in Japan

Posted on June 6th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Naturalizes 40 Military and Family Onboard USS Essex in Japan

Earlier this week, U.S. Citizenship and Immigration Services (USCIS) hosted a naturalization ceremony for 40 members of the military community on board the forward-deployed amphibious assault ship USS Essex.

34 Sailors, Marines, and Soldiers recited the Oath of Allegiance in the hangar bay of the Essex, along with one child and five spouses of military service men and women stationed in Japan.

After administering the Oath, USCIS Seoul, Korea Field Office Director Kenneth Sherman addressed the new citizens. “Your service in the United States military speaks volumes for your character and selfless service,” he said. “On behalf of a very grateful nation, we are proud to welcome you as fellow American citizens.”

“I am truly honored to be a part of this event today,” said Navy Capt. Brent Canady, commander of the Essex, as he delivered the keynote address. “It is fitting that … Read More »


Rule Requiring Federal Contractors To Use E-Verify System Delayed

Posted on June 4th, 2009, by James Livesay in Immigration Law. Comments Off on Rule Requiring Federal Contractors To Use E-Verify System Delayed

Implementation of the final rule requiring federal contractors and subcontractors to begin using the U.S. Citizenship and Immigration Services (USCIS) E-Verify system has been delayed until Sept. 8, 2009.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (collectively known as the Federal Acquisitions Regulatory Councils) will publish an amendment in the Federal Register on June 5, 2009, postponing the applicability of the final rule until Sept. 8, 2009. The rule was first published on Nov. 14, 2008 requiring federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees.

If you require legal assistance with E-verify or any other immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. The immigration lawyers at Livesay & Myers, P.C. represent clients throughout Fairfax, Arlington, Alexandria, Manassas, Woodbridge and all of Northern Virginia, Maryland and the District of Columbia.


Who Should Obtain Advance Parole Before Traveling Abroad?

Posted on May 30th, 2009, by James Livesay in Immigration Law. Comments Off on Who Should Obtain Advance Parole Before Traveling Abroad?

Individuals must obtain Advance Parole from U.S. Citizenship and Immigration Services (USCIS) before traveling abroad if they have:

been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document.

Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals … Read More »


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 »




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