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Blog Posts in 2011

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I-601 Waiver Application: What Supporting Evidence Does USCIS Look for?

Persons seeking a waiver of inadmissibility from US Citizenship and Immigration Services (USCIS) must demonstrate both that they are eligible for the immigration waiver, and furthermore that they are ...
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False Claim of US Citizenship for Non-Green Card Holders Seeking Cancellation of Removal

Cancellation of removal is one of the most common ways in which a person who is found by a judge in immigration to be technically eligible for deportation avoids that fate. Despite that a person can ...
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J-1 Summer Work & Travel Program - Change of Status to Stay in the US

Every year thousands of university students come to the US during their summer break to work and travel in the United States. Students who are actively pursuing a degree or full-time course of study ...
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K-1 Fiance Visa - Failure to Apply for Within Four Months of Petition Approval

The K-1 fiance visa allows a noncitizen to come to the United States to marry a US citizen. The US citizen begins the fiance visa application process by submitting to US Citizenship & Immigration ...
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The 3 and 10 Year Bars for Unlawful Presence

US immigration makes persons who have accrued certain amounts of "unlawful presence" in the United States inadmissible to the country for 3 or 10 years, depending on the amount of unlawful ...
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Deportation Law: Favorable Grant of Discretion Requirement in Cancellation of Removal Cases

US immigration law allows certain individuals who have been found in immigration court to be eligible for deportation to avoid that fate if they are eligible for certain forms of relief. A common form ...
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Can I Apply for a Green Card at the Same Time the Petition is Filed?

Persons inquiring about how to get a green card for the United States often ask a green card lawyer whether they can submit to US Citizenship and Immigration Services (USCIS) the green card ...
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Asylum Law: Multiple Motives for Persecution and the "One Central Reason" Standard

A person who has a reasonable fear of persecution in the event that they should be returned to their home country can, subject to certain conditions, get asylum in the US. Persons granted asylum can ...
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The E-3 Specialty Occupation Visa for Australian Professionals

US immigration law allows Australian citizens to come to the United States long-term under an E-3 visa to work for a US employer in a "specialty occupation". The E-3 visa is available only ...
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The Naturalization Interview Process - What to Expect

Persons applying to become a US citizenship through the process of naturalization face, in most cases, a long and often difficult road in trying to achieve their US immigration goals. From filling out ...
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Asylum: Forms of Evidence that Persecution is "On Account of" a Qualifying Ground

United States immigration law allows a person who is not a US citizen to legally remain in the US and in most cases to eventually get a green card if they have a well-founded fear of persecuted in ...
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K-1 Fiance Visa - Protecting the Beneficiary through IMBRA and the Adam Walsh Act

US immigration law allows a US citizen to petition US Citizenship and Immigration Services (USCIS) to allow a non-citizen to apply at a US embassy or consulate abroad for a K-1 fiance visa (also ...
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Showing Extreme Hardship in I-601 Immigration Waiver Cases

Persons who are inadmissible to the United States under US immigration and who are seeking certain immigration benefits must be granted of waiver their inadmissibility by US Citizenship and ...
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How to Get a Green Card through Investment in the US - the EB-5 Visa

A non-citizen can get an immigrant visa, which can ultimately lead to a green card, by investing in a commercial enterprise in the US that creates at least 10 full-time jobs (not counting for the ...
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Theft as an Aggravated Felony for Deportation Purposes

A theft or the receipt of stolen property can be considered an "aggravated felony" for US immigration law purposes, leading to deportation of the convicted individual. Deportation is of ...
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Is Your Child a US Citizen? When the Child of a US Citizen is Also a US Citizen

Many US citizens believe their children are necessarily also US citizens, simply by virtue of the child having a US citizen parent or parents. This is, as many US citizen parents and their children ...
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Long-Term Stay in the US on a B-2 Visitor Visa for Members of the Household of a Nonimmigrant Visa Holder

The B-2 visitor visa is appropriate for persons coming to the United States temporarily. Many persons applying for the US visitor visa (also referred to as a tourist visa) have their visa application ...
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How to Replace Your Green Card

Persons whose green card has been lost, stolen or damaged should apply to the US immigration authorities for a replacement green card using Form I-90. It is important that a green card holder have a ...
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Criminal "Convictions" in the Deportation Setting

A person who has been convicted of certain crimes and who is not a US citizen can face deportation and be removed from the United States if the government wins in immigration court. While certain acts ...
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INA 214(b) - Understanding the "Weak Ties" US Visa Refusal

Every day at United States embassies and consulates around the world thousands of US visa seekers have their applications denied under the same provision of US immigration law - Section 214(b) of the ...
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Adjustment of Status as a Defense to Deportation

Persons facing deportation charges in immigration court in the US may have, depending on the circumstances, several possible defenses that could help them avoid deportation. In addition to some of the ...
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Work Permit for Asylum Applicants - Understanding the 180 Day Clock

Persons granted US asylum can lawfully work in the United States. An applicant for asylum in the US can get a work permit, formally called an Employment Authorization Document, from US Citizenship and ...
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3 Reasons Why Adjustment of Status is Preferable to Consular Processing for Getting a Green Card

Two similar but distinct processes exist for getting a US green card, which allows its holder to stay and work indefinitely in the United States. Adjustment of status is the name of the process ...
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4 Tips for Choosing a Green Card Lawyer

Seeking a green card represents an important undertaking – success means the ability to live and work permanently in the US, while failure in one's bid to get a green card can mean ...
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5 Tips for Success at Your US Visa Interview

Every day across the world consular officers (employees of the US Department of State) interview throngs of visa seekers trying to procure the documentation that will allow them to travel to the ...
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