May, 2016 Articles

Waivers for Fraud or Misrepresentation

Introduction: Inadmissibility for Fraud or Misrepresentation of a Material Fact Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who is found to have procured or to ...
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U Visa Law Enforcement Certification

Introduction: U Visa Law Enforcement Certification The U nonimmigrant visa category is for certain victims of particularly serious crimes who cooperate with law enforcement in the investigation or ...
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Parole In Place for Family Members of U.S. Military Service Members and Former U.S. Military Service Members

Introduction The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called ...
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Rules for Using a TPS-Related EAD While Holding a Valid Nonimmigrant Status

Introduction An alien who is granted temporary protected status (TPS) may obtain an Employment Authorization Document (EAD) along with TPS. Furthermore, he or she may maintain a valid nonimmigrant ...
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Modular Container Systems and the “Totality of the Circumstances Test” for Certain Labor Certification Applications

Introduction When seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny: The employee for ...
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The Selective Service Requirement and Immigration

Male U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that ...
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E2 Treaty Investor

Introduction The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is ...
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Reinstatement of Removal

Introduction to Reinstatement of Removal The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having ...
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Expedited Removal

Expedited Removal Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is ...
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Recapturing Priority Dates

Introduction to Recapturing Priority Dates for Family-Based Immigrant Visa Petitions Under certain circumstances, a child with a pending adjustment of status application to a family preference ...
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Introduction to the EB1B Visa Category for Outstanding Professors and Researchers

The EB1B Preference Category: Outstanding Professors and Researchers The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying ...
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Asylum Eligibility Bars

Bars to Asylum Eligibility The decision on whether to grant an asylum application is discretionary decision based on the facts of each specific case. However, there are certain bars to asylum ...
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Using Non-Investment Nonimmigrant Employment Visas as an Investor or Entrepreneur

Introduction The primary nonimmigrant visa for investors and entrepreneurs is the E-2 (E2) Treaty Investors Classification. However, an alien who is looking to invest or start a business in the United ...
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Administrative Removal for Aggravated Felonies

Introduction INA § 238(b) contains an administrative removal procedure for aliens who: Are not lawful permanent residents (LPRs); and Who are deportable for having been convicted of an ...
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O Visas

Overview of O Visas O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the ...
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LIFE Act and Adjustment of Status

Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? Under the old section 245(i) of the Immigration and Nationality Act (INA), who would have otherwise been ineligible, to apply for ...
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