2016 Articles

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H1B Cap Exempt

What is the H1B Cap? Under section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (INA), only 65,000 H1B visas may be allocated each fiscal year. This is commonly called the “H1B ...
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What is International Adoption?

What is International Adoption? When a U.S. citizen or lawful permanent resident (LPR) decides to adopt a child from overseas, one of the most important legal considerations is following the proper ...
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Provisional Unlawful Presence Waiver

Introduction to Provisional Unlawful Presence Waivers The provisional unlawful presence waiver was originally created in regulations in 2013. A new provisional unlawful presence waiver final rule will ...
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How to Apply for Asylum and Withholding of Removal

What are Asylum and Withholding of Removal? Asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT) are three distinct forms of immigration ...
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Filling Out Form I-589 Application for Asylum

Introduction In order to file for asylum and/or withholding of removal, an applicant must file the Form I-589, Application for Asylum and for Withholding of Removal. There are two situations in which ...
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What is Withholding of Removal Status?

What is withholding of removal? Withholding of removal is a form of relief from removal that prevents an alien against whom a final order of removal has been entered from being removed to a specific ...
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Denaturalization

A. Grounds for Denaturalization - A Naturalized USC May Lose Citizenship by Revocation Often Referred to as Denaturalization Process However, citizenship should only be taken away where there is ...
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LGBT Immigration

The United States was once hostile toward LGBT immigration. However, laws and immigration policies of the United States have changed to make it generally welcoming to LGBT immigrants. Nevertheless, ...
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Overview of LGBTI Asylum

In order to establish eligibility for asylum, a homosexual, bisexual, transgender, or intersexed alien must establish that he or she is the member of a “particular social group,” on the ...
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Permissible Activities While on B2 Status

Introduction: Permissible Activities While on B2 Status The B2 nonimmigrant visa classification is if for temporary visitors for pleasure. There are limited activities in which a B2 nonimmigrant may ...
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Inadmissible Admission

Introduction: When is the Entry of an Inadmissible Alien “Admission”? In order to be “admitted” into the United States as the term is defined in section 101(a)(13)(A) of the ...
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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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