Ware Immigration Blog

Family means everything to a lot of people in Louisiana, and living without loved ones nearby might be unimaginable. However, living apart from relatives is just another part of everyday life for many immigrants. This is especially tough for parents who are separated from their children. Parents do have options under family immigration, though, and can petition for their children to come to the United States.

U.S. immigration law defines a "child" as a son or daughter who is not married and is younger than 21. There is an exception for permanent residents, as these individuals can also petition for children older than 21 so long as the children are not married. These petitions also extend to grandchildren.

There are many active duty men and women assigned to one of several military bases in Louisiana. But contrary to what some might believe about the United States Armed Forces, not all of the people serving are U.S. citizens. Immigrants can not only serve in the military, but their service can also set them on a path toward citizenship. Unfortunately, some service members say that the Department of Defense is restricting -- and even blocking -- that path.

According to U.S. law, noncitizens who serve in the military during times of armed conflict can become naturalized citizens soon after entering service. In the past, noncitizen service members simply had to submit the N-426 form to the U.S. Citizenship and Immigration Service. The N-426 form certifies someone's honorable service in the military.

Some foreign nationals who have been waiting for green cards in their home countries will now have to wait a little bit longer. This is frustrating, as securing U.S. permanent residency is already a long process. It can also be frustrating for citizens living in Louisiana who sponsored their family members. Here is what people should know about the current situation involving an executive order that affects those who are waiting for their green cards in their home countries.

An executive order from President Trump will prevent immigrants seeking green cards from entering the United States for a period of 60 days. This move is not a ban on potential green card holders and it will not start the whole process over. According to the presidential administration, this move is basically pressing pause on this form of immigration.

Working in Louisiana with an H-1B visa has many benefits, including guaranteed pay even during non-productive periods. This means that H-1B workers will not miss out on pay if they are furloughed or if their employer has to temporarily close. However, there are ways in which an employer might be able to legally reduce wages in these types of situations.

When applying for an H-1B visa, a worker's labor certification application must include the employer's offered wage. That application is then approved by the Labor Department, and the employer is required to continue paying that wage regardless of inactive operating periods. If that employer wants to retain the worker during such a period but also needs to reduce wages, he or she could file an amended visa petition and labor certification application, requesting that the worker's status be changed to part time.