Foreigners Need Immigration Status to Avoid Deportation/Detention

Foreign nationals must maintain lawful immigration status while in the US. Those without it may potentially be subject to detention and/or removal/deportation, even if they have a pending green card case or certain pending nonimmigrant status. Exceptions apply. Although this has long been the law, it was not previously enforced. The contents of this posting are for informational purposes only and do not create an attorney-client relationship or constitute legal advice. #I130 #I360 #I140 #H1B #L #R #WorkVisa #ExpiredStatus #PendingStatus #Overstay #GreenCard #Undocumented #LawfulStatus #ImmigrationNews #ImmigrationAttorney #AikWanKok

Family Members Residing in the US With a Pending Green Card but Without Lawful Status May be Detained and Removed/Deported

Family-based green card cases - currently pending or filed in the future - will face heightened scrutiny and increased immigration enforcement - including detention and removal/deportation if the foreign national beneficiaries reside in the U.S. without relevant lawful immigration status. Although this has long been the law, it was not previously enforced. See: (1) USCIS Alert - https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy (2) USCIS Policy Alert - https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250801-FamilyBasedImmigrants.pdf (3) USCIS Policy Manual - https://www.uscis.gov/policy.../volume-6-part-b-chapter-5 #I130 #NTA #Removal #Deportation #USCISPolicy #GreenCard #Undocumented #LawfulStatus #ImmigrationNews #ImmigrationAttorney #AikWanKok

NIW Green Card to Live and Work in America

Foreign nationals may legally live and work permanently in the U.S. by applying for and obtaining green card (lawful permanent residence) status. A green card process may be family-based or employment-based, both have many classifications. Some employment-based green cards are employer-sponsored, whereas others are self-petition. One of the employment-based green card processes is National Interest Waiver (NIW), a self-petition. A NIW green-card process must now be filed with the new Form ETA 9089, instead of the Form ETA 750, Part B. Furthermore, the U.S. Department of Labor (DOL) will cease issuing Form ETA 750. For additional information on the Form, please visit DOL at https://www.dol.gov/agencies/eta/foreign-labor/forms . Additionally, during the green card process, a foreign national who is in the U.S. may be eligible to work via an approved employment authorization document (EAD). EAD is a temporary work permit. June 27, 2023 By Aik Wan Kok, US Immigration Lawyer We represent businesses, employees, inventors, scholars, experts, entrepreneurs, artists, individuals, and families across America and the world. E: koka@tiyaimmigration.com https://tiyaimmigration.com This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.