May, 2016 Articles
Posted on May 31, 2016 By Alexander J. Segal
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 ...
Continue reading "Waivers for Fraud or Misrepresentation" »
Posted on May 30, 2016 By Alexander J Segal
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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Posted on May 27, 2016 By Alexander J Segal
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 ...
Continue reading "Parole In Place for Family Members of U.S. Military Service Members and Former U.S. Military Service Members" »
Posted on May 26, 2016 By Alexander J Segal
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 ...
Continue reading "Rules for Using a TPS-Related EAD While Holding a Valid Nonimmigrant Status" »
Posted on May 25, 2016 By Alexander J Segal
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 ...
Continue reading "Modular Container Systems and the “Totality of the Circumstances Test” for Certain Labor Certification Applications" »
Posted on May 24, 2016 By Alexander J Segal
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 ...
Continue reading "The Selective Service Requirement and Immigration" »
Posted on May 23, 2016 By Alexander J Segal
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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Posted on May 19, 2016 By Alexander J Segal
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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Posted on May 18, 2016 By Alexander J Segal
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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Posted on May 17, 2016 By Alexander J Segal
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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Posted on May 16, 2016 By Alexander J Segal
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 ...
Continue reading "Introduction to the EB1B Visa Category for Outstanding Professors and Researchers" »
Posted on May 13, 2016 By Alexander J Segal
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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Posted on May 12, 2016 By Alexander J Segal
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 ...
Continue reading "Using Non-Investment Nonimmigrant Employment Visas as an Investor or Entrepreneur" »
Posted on May 10, 2016 By Alexander J Segal
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 ...
Continue reading "Administrative Removal for Aggravated Felonies" »
Posted on May 5, 2016 By Alexander J Segal
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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Posted on May 4, 2016 By Alexander J Segal
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 ...
Continue reading "LIFE Act and Adjustment of Status" »