Papagikos Law

Overstayed your visa? Most people assume that means you’re out of options. It doesn’t.

Here’s what’s actually going on.

First, what’s true:
✅ Overstaying a tourist, student, or work visa does put you in a difficult position.

✅ But it does NOT automatically disqualify you from adjusting your status.

✅ The one non-negotiable requirement: you must have been legally admitted into the U.S. in the first place.

Here are the two most common paths that can still lead to a green card without ever leaving the country:

→ Immediate Relative petition — if you’re married to a U.S. citizen, or your parent is a U.S. citizen, USCIS will generally forgive the overstay and let you apply for your green card from inside the United States.

→ VAWA (Violence Against Women Act) — this applies to men too. If you were married to a U.S. citizen and experienced abuse in that relationship, you can adjust your status even after an overstay.

Worth knowing:
→ If you were the victim of a crime, a U visa may also apply to your case

→ Every case is different — the overstay itself isn’t what disqualifies you, it’s the details of your entry and relationship

→ Legal admission into the U.S. is the starting point for all of these paths

An overstay feels like the end of the road for a lot of people. In reality, it’s often just one chapter of a longer story.

Wondering if your situation qualifies? Call us. 📞 (561) 866-8268 — Papagikos Law.

There’s a rumor going around that if you weren’t selected in the H-1B lottery, your options to work in the U.S. are over.

Here’s what you actually need to know:

First, what’s true:
✅ USCIS confirmed it received enough petitions to meet the full FY2027 H-1B cap

✅ Both the regular 65,000 cap and the 20,000 advanced degree exemption are filled

✅ If you weren’t selected, you will need another path — H-1B isn’t reopening this cycle

So where does the panic actually come from?
Most people only hear about H-1B because it’s the most talked-about work visa. That doesn’t mean it’s the only one — it means it’s the most common default.

Here are visa categories worth looking into right now:
→ O-1A — Exceptional in your field (tech, business, research)? No lottery, no cap.

→ L-1A — Worked at least 1 year for a company with a U.S. affiliate? You can transfer as a manager or specialist. No lottery.

→ TN — Canadian or Mexican in an eligible profession (engineer, analyst, scientist, and more)? Straightforward work authorization. No lottery.

→ E-3 — Australian national? A dedicated, renewable work visa with none of the H-1B uncertainty.

→ Cap-Exempt H-1B — Sponsored by a university, nonprofit, or research institution? Applications run year-round, no lottery involved.

A few things to keep in mind:
→ Each visa has different eligibility requirements — not every option fits every profile

→ Some of these categories don’t lead directly to a green card — know your long-term goal before you file

→ Processing times and requirements vary significantly by category

Missing the H-1B lottery doesn’t mean missing your chance to work in the U.S.

It means it’s time to look past the one visa everyone defaults to.

Questions about which option fits your case? Call us 📞 (561) 866-8268 — Papagikos Law.

The First Circuit Court of Appeals just declined to block the district court ruling that vacated the $100,000 H-1B fee.

Let’s clear this up.

What’s actually happening:
✅ In June, a federal court in Massachusetts ruled the $100K fee was unlawful — call it a tax the administration had no authority to impose, and a violation of the Administrative Procedure Act

✅ That same court paused its own ruling, letting USCIS keep collecting the fee while the government appealed

✅ The appeals court just refused to pause it any further — the government isn’t likely to win, in their view

So where does that leave things?
→ The lower court’s decision should now take effect: USCIS is prohibited from collecting the $100,000 fee on H-1B petitions

→ USCIS is expected to issue new guidance and filing instructions — but it may take a few days to be announced

→ It’s not yet clear what happens for employers who already paid the fee

→ The administration is expected to keep appealing — this is not the final word

What every H-1B employer and applicant needs to know:
→ Don’t assume this is permanent — the case is ongoing

→ If you’re planning to file (especially anything requiring consular notification), talk to immigration counsel before you submit

→ Wait for USCIS guidance before changing your filing strategy
This is moving fast. Don’t make a filing decision based on outdated information.

Questions about how this affects your case?

Call us. 📞 (561) 866-8268 — Papagikos Law

A New Rule Just Made Green Cards Harder to Get. 🇺🇸⚠️

Let’s break this down.

First: What’s happening?

The 2022 public charge rule - the more lenient one — just got rescinded.

Starting September 18, 2026... the stricter standard is back.

Here’s the shift:
Before → Only a narrow list of specific government programs counted against you.

Now → Officers look at your full financial picture — income, assets, job history, and your prospects of earning in the U.S.

Even if you qualify on paper.
Even if you’ve never used public benefits.
Even if your case looks strong today.

A weak financial picture alone could tip the decision.

What’s also changing:
→ A new form is coming, asking for more detail on your finances, education, and earning prospects
→ This applies to green card applications filed on or after September 18, 2026
→ The 75-country pause remains in place — and this rule could make it even harder for people affected by it

What every applicant needs to know:
→ If you’re planning to apply for a green card, filing before September 18 matters
→ Waiting could mean facing a stricter, more subjective review
→ This is not something to navigate based on a TikTok video

The consequences of acting on bad information are too serious.

Thinking about filing for a green card?

Not sure if the timing affects you?

Call us before the deadline.

📞 (561) 866-8268 — Papagikos Law