2016 Articles

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What is the Permanent Bar Under Section 212(a)(9)(C)(i)?

What is the Permanent Bar of Inadmissibility? The “permanent bar of inadmissibility” is found in section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (INA). Although it is ...
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Recapturing Priority Dates Through Automatic Conversion

Automatic Conversion of Family-Sponsored Immigrant Visa Petitions and the CSPA Under the Child Status Protection Act (CSPA), certain child beneficiaries of immigrant visa petitions filed by a U.S. ...
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What is TPS Status?

What is Temporary Protected Status? Temporary Protected Status (TPS) is a temporary immigration benefit available to certain nationals of countries that are designated by the Secretary of Homeland ...
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What is EB5 Visa?

What is the EB5 Preference Category? The employment-based fifth preference category (EB5) is for immigrant investors. Each year, a limited number of immigrant visas may be allocated to qualifying ...
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What is L1 Blanket Petition and Who May Apply for L-1 Blanket?

What is an L Blanket Petition? The L visa for nonimmigrant intracompany transferees allows U.S.-based employers to petition to transfer certain alien employees from related foreign entities to work in ...
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Reinstatement of F1 Status

What is Reinstatement of F1 Status? Individuals on F1 student status are required to follow all of the rules and regulations regarding F1 status in order to maintain such status. If an F1 student ...
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What is EB4?

What is the EB4 Special Immigrant Category? The employment-based fourth preference (EB4) category is an immigrant visa preference category for “special immigrants.” A person may apply for ...
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What is Public Charge

Under section 212(a)(4)(A) of the Immigration and Nationality Act (INA), an alien who is considered “likely to become a public charge” is inadmissible to the United States. A public charge ...
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How to Retrieve I-94

What is the Form I-94, Arrival/Departure Record? The Form I-94 is an immigration form issued by the Customs and Boarder Protection (CBP). It is issued to all aliens who are admitted to the United ...
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Immigration Marriage Fraud

What is Immigration Marriage Fraud The Immigration and Nationality Act (INA) provides for immigration benefits for the alien spouse of a U.S. citizen. For example, a U.S. citizen may file an immediate ...
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What is Unlawful Presence?

In immigration law, there is a concept referred to as “unlawful presence.” By accruing certain amounts of unlawful presence in conjunction with other actions, an alien may find him or ...
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What is L1B Visa?

What is an L1B Visa? The L1 visa category is a nonimmigrant work visa category for intracompany transferees. It allows a U.S. employer to petition for certain foreign workers who work for a related ...
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Immigration Hardship

What is Extreme Hardship? In order to procure certain waivers or other forms of immigration relief, an alien may be required to establish that a qualifying relative would incur “extreme ...
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H1B Process

What is an H1B Visa? The H1B visa is for nonimmigrant workers in specialty occupations who have a bachelor’s degree or its equivalent. In order to be eligible for an H1B visa, the alien must ...
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What is I-129 Form?

What is the Form I-129? The Form I-129, Petition for a Nonimmigrant Worker, is a form that is used for multiple purposes regarding nonimmigrant workers: Petitioning for a nonimmigrant worker in ...
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How to Fight Misrepresentation in Immigration Case?

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 seeks to procure, has sought to procure, or ...
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B1/B2 to F1/M1 Change of Nonimmigrant Status

Change of Nonimmigrant Status from B1/B2 to F1/M1 Persons in the United States on B1 (temporary visitor for business) or B2 (temporary visitor for pleasure) status are limited in the activities in ...
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How Long Does I-601 Take to Process?

Introduction In order to obtain a nonimmigrant or immigrant visa, an alien must be admissible to the United States. If an alien is inadmissible, he or she must generally file a Form I-601, Application ...
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What is a Waiver of Inadmissibility to the US?

What is Inadmissibility to the US? Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.” If an alien is found to be inadmissible, he ...
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What is a Waiver in Immigration Law?

What is an Immigration Fee Waiver (USCIS)? The United States Citizenship and Immigration Services (USCIS) require immigration fees for the processing of certain forms and services. These fees help ...
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