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Blog Posts in October, 2011

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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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How to Get a Decision on a Stalled Application for Naturalization

The obtainment of US citizenship through the process of naturalization marks a seminal event in the lives of many persons. Millions of people from all over the globe desire to become a US citizen ...
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Can I Qualify for Asylum in the US if I am Persecuted Due to My Gender?

A person can seek asylum in the US and normally end up getting a green card, allowing them to live and work permanently in the United States, if they are in the United States and can't or ...
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How to Get a K-1 Fiance Visa - Avoiding the Red Flags that May Result in a Visa Denial

The K-1 fiancé(e) visa (also referred to as just a "fiancé visa," a "K1 visa" and simply a "K visa") allows an individual who is abroad and who is not a US ...
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3 Situations Where Withholding of Removal Applies and Asylum Does Not

Persons facing possible deportation in immigration court in the US and who fear that they will be persecuted if they are returned to their country can qualify for asylum in the US or for what is ...
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Getting a Green Card through a Green Card Holder - The Family Preference Categories

Persons seeking a US green card are sometimes surprised to learn that they can receive one by virtue of their relationship to a person who is already a green card holder. It is not in fact the case, ...
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Crime of Domestic Violence as Grounds for Deportation

Persons present in the US who are not American citizens – whether they are a green card holder or not – can be deported under US immigration law if they have been convicted of a crime of ...
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E-2 Investor Visa - The "Substantial" Investment and "Marginal" Enterprise Requirements

The E2 investor visa offers the opportunity for an entrepreneur with sufficient funds to develop a business undertaking in the US on a long-term basis. Issued normally for an initial stay in the US of ...
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US Visa Application Denials Based on a Pending Immigrant Visa Application - What You Need to Know

Applicants for a nonimmigrant US visa are refused more often under section 214(b) of the Immigration and Nationality Act (INA) than under any other provision of US immigration law. Section 214(b) is ...
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What to Expect at Your K-1 Fiance Visa Interview

The K-1 fiancé visa allows an individual to travel to the United States for the purpose of getting married to a US citizen. It allows couples to start their life together in the US, with the K1 ...
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Aggravated Felonies in the Immigration Context - Some Surprising Things Make the List

Being convicted of an aggravated felony is an almost-sure ticket out of the US for an immigrant. Whether the person is a green card holder or not, any noncitizen convicted of a crime that qualifies ...
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Five Ways to Seek a Waiver of the Two Year Foreign Residence Requirement for J-1 Visa Holders

Certain persons who participate in exchange programs in the US on a J1 visa are required to return to their last country of permanent residence for a period of two years before they can obtain ...
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Can I Appeal a Deportation Order that was Entered In Absentia?

A person who fails to show up for a deportation hearing is normally ordered deported by the immigration judge. This is referred to as an in absentia order of removal (removal is what the immigration ...
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Top 10 Reasons to Give Up Your Green Card and Become a US Citizen

Many green card holders in the United States are content to remain lawful permanent residents and have no desire become a US citizen through naturalization. This is to some extent understandable, as ...
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What Will Happen to Me if I Leave the US While My Deportation Case is Pending?

Many individuals are aware that a 10 year bar on admission to the United States exists for persons who are deported, and some try to circumvent this ban on re-entry by departing the US while in ...
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