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If you seek to maintain F-1 OPT, F-1 STEM OPT or H-1B status through employment – when there is no real job – you run the risk of being found inadmissible under INA 212(a)(6)(C)(i). This law states that you have a lifetime bar if you engage in fraud or willful misrepresentation of a material fact to obtain a U.S. immigration benefit.
Is the B-1/B-2 the right visa to enter the U.S. to participate in a business meeting? Attend a conference or convention? Negotiate a contract? Yes on the B-1, but no on a B-2 only. If you have a combination B-1/B-2 visa, you should inform the U.S customs officer of the main purpose of your visit. Get admitted in the right classification. The B-1 is more flexible than the B-2 classification. You may engage in business activities and tourism with a B-1. But the B-2 is for tourism and social visits only, with very limited exceptions in special circumstances.
On March 9, 2021 the Public Charge rule under the prior Trump Administration was vacated and removed. USCIS and the U.S. Department of State will apply the old 1999 rule to determine whether a person is likely to become a public charge on the U.S. government. Under section 212(a)(4) of the Immigration and Nationality Act (INA), a person seeking entry to the U.S. on a visa or applying for permanent residence is inadmissible if, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Applicants will not be granted entry or a green card if they are deemed inadmissible under section 212(a)(4).
On February 18, the U.S. Citizenship Act of 2021 was introduced in the House by California Congresswoman Linda Sánchez and in the Senate by New Jersey Senator Robert Menendez. The White House first announced the bill on January 20, which was the first day of the Biden Administration. The bill is 353 pages long. It contains sweeping provisions that, if passed, will overhaul many parts of the U.S. immigration system. It seeks to give certain undocumented immigrants Lawful Prospective Immigrant (LPI) status and an 8-year path to U.S. citizenship; allow eligible DREAMERS, TPS holders and farmworkers to immediately apply for permanent residence; repeal the 3/10 year unlawful presence bar under INA 212(a)(9)(B) and the permanent bar under INA 212(a)(9)(C); and create an exception to the misrepresentation of citizenship bar for any person who was under age 21 when the false claim was made.
The Biden Administration’s U.S Citizenship Act of 2021 has yet to be introduced in Congress for a vote. Senator Bob Menendez of New Jersey is the lead sponsor of the bill. It provides an earned path to citizenship for certain undocumented immigrants who were physically present in the U.S. on or before January 1, 2021. Another provision seeks to get rid of the 3/10-year unlawful presence bar.
On January 20, the Biden Administration released a Fact Sheet announcing a proposed immigration bill to Congress. The U.S. Citizenship Act of 2021 seeks to reform major parts of the U.S. immigration system, such as providing a pathway for certain undocumented immigrants and persons with temporary status to become citizens, and reducing the backlog in family-based and employment-based immigration.
A U.S. Consulate issued the K-1 fiancée visa to our client, after it denied her requests for an F-1 student visa renewal. The switch allowed the applicant to avoid the INA 214(b) requirement to establish nonimmigrant intent. The setbacks were overcome with careful documentation to support the I-129F petition and thorough preparation for the K-1 visa process.
Section 204(l) for Surviving Relatives to Immigrate to the U.S. When Petitioner or Principal Beneficiary Dies
If the petitioner or principal beneficiary in an immigrant petition dies, may USCIS still approve the case? May the surviving beneficiaries still immigrate to the United States? In some cases, section 204(l) relief is the way.
A U.S. Consulate granted Immigrant Visas to our client and his wife and children, following USCIS' approval of his Form I-601, Application for Waiver of Inadmissibility. He had a permanent bar under INA 212(a)(6)(C)(i), i.e. fraud or willful misrepresentation of material fact to previously enter the U.S. on a B1/B2 visitor visa.
A U.S. Consulate granted the H-4 spouse visa to our client, after agreeing to remove the INA 212(a)(6)(C)(i) charge against her. This permanent bar was made 10 years earlier, when she applied for an Immigrant Visa sponsored by her prior U.S. citizen spouse.
Welcome to The Legal Immigrant podcast! Through success stories and Q&A formats, this show will cover U.S. immigration problems that Dyan Williams Law PLLC can help you solve. Be sure to subscribe and join us for new episodes.
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