Alexus Paul Sham - Immigration Law Made Simple
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Recent Posts

Temporary Protected Status for Haitians
Steps for preparing a fiance visa
The dangers of applying for Form I-131 Advance Parole (a travel document)
What to do if you receive a Notice of Intent to Deny
The US government should grant Temporary Protected Status (TPS) to nationals from The Philippines

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Comprehensive Immigration Reform
Employment-based visas
Green Card Eligibility
I-129F The fiance visa
I-485 Green card interview
Naturalization/Citizenship
Removal of Conditions for a Green Card
Temporary Protected Status
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Naturalization/Citizenship

What to do if you receive a Notice of Intent to Deny

When an application is filed with the United States Customs and Immigration Services (USCIS)  whether it be for a family based green card or an employment based visa such as H1-B it is possible that the government will issue you a notice of an intent to deny. Generally, this means that there is lack of sufficient documentation for the application.  There  is also normally a deadline in which you must respond. Failure to respond in a timely fashion will almost certainly lead to a denial.

Continuous Presence versus Physical Presence for Naturalization

Many clients have questions about the physical presence and continuous presence requirements before applying for citizenship. It is always best to consult an immigration attorney before sending  in your application.


Physical presence means you actual time in the United States. If you are a green card holder you should be living in the United States at least 6 months a year and filing taxes in the US. If you are outside of the United States for more than 6 months you may be presumed to have abandoned your green card status.

Naturalization/Citizenship: To Apply or To Not Apply That is the Question

The general requirements for applying for citizenship are when a green card holder has been a permanent resident for five years or in cases where the application is based on marriage to a US citizen, the application can be filed three years from the issuance of the green card as long as the couple is still living together.

There is a growing trend, however, for people who apply for naturalization/citizenship to not only have the application denied, but the green card holder is also in jeopardy of having permanent status revoked and being placed in removal/deportation proceedings.
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