Atty. Robert Reeves

USCIS issues notice of deportation proceedings to denied visa applicants

Wednesday, 23 September 2009 01:31 Atty. Robert Reeves & Joseph I. Elias

A FEW months ago we wrote about the frightening predicament of receiving a "Notice to Appear", or NTA, in the mail. The NTA means the Government has begun a process to try to remove, or deport, a non-citizen from the United States. Unfortunately, NTAs are now being issued in greater numbers following immigrant visa petition or adjustment of status application denials. This is especially true in employment-based immigration matters.

The United States Citizenship and Immigration Service (USCIS) is clearing an enormous backlog of employment-based immigrant visa petitions and adjustment of status applications filed in the months of July and August of 2007. The USCIS has been reviewing these filings to confirm such things as an employer’s ability to pay the wage and that the immigrant has not violated immigration status by, for example, working without authorization. Both of these examples are amongst the most common reasons the petitions and applications are denied.

USCIS issues notice of deportation proceedings to denied visa applicants

Sunday, 20 September 2009 23:13 Atty. Robert Reeves & Joseph I. Elias

The consequences of filing an Ineligible Application

Wednesday, 16 September 2009 22:18 Atty. Robert Reeves & Jeremiah Johnson

(1 vote, average: 1.00 out of 5)

Overthe past couple of years, the United States Immigration and Citizenship Services (USCIS) stepped up enforcement and political prosecution of immigrants. As such, individuals and families need to be prepared and well represented whenever they apply for an immigration benefit or attend an interview with the USCIS. Although it may be tempting to try to save money by filing an application for adjustment of status by oneself or by choosing a non lawyer, the price of losing the case is now much higher than the costs of hiring a good attorney. Aliens whose application for adjustment of status is denied may be facing much more than just a disappointment; they now face possible deportation.

A false claim to US Citizenship can result in deportation

Sunday, 13 September 2009 18:22 Atty. Robert Reeves & Nancy Miller

AS EVERYONE who has applied for a job in the United States knows, you have to show that you have the right to work before you can be hired. As every non-citizen should know, falsely claiming to be a United States citizen is the kiss of death to living legally in the US. Under the Immigration & Nationality Act, any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under the Act is both inadmissible and deportable.

There is no waiver for this misrepresentation if it was made on or after September 30, 1996. There is one limited exception, however. If each natural or adoptive parent of the alien is or was a citizen of the United States (either by birth or naturalization) and the alien permanently resided in the United States prior to attaining the age of 16 and the alien reasonably believed at the time of making such representation that he or she was a citizen, he or she is neither inadmissible or deportable for that misrepresentation.

Foreign workers and navigating the rough seas of US immigration

Sunday, 06 September 2009 01:22 Atty. Robert Reeves & Jeff L. Khurgel

FOREIGN Workers seeking employment in the United States are currently experiencing burdensome scrutiny on the part of some overreaching immigration officers, lengthy backlogs, and senseless allocation of numerically limited visas. Schedule A Registered Nurses and Physical Therapists are currently mired in a state of hopeful suspension, with some analysts predicting backlogs of 3-7 years for these desperately needed healthcare workers. Further, as detailed in our Newsletter several weeks ago, H-1B employers have recently received unannounced immigration inspection visits from government contractors, often not familiar with US immigration laws themselves. Now, more than ever, it is vital that US employers and their foreign workers are protected and represented by experienced counsel in their immigration processing.

The consequences of filing an ineligible application

Sunday, 30 August 2009 21:44 Atty. Robert Reeves & Jeremiah Johnson

OVER the past couple of years, the United States Immigration and Citizenship Services (USCIS) stepped up enforcement and political prosecution of immigrants. As such, individuals and families need to be prepared and well represented whenever they apply for an immigration benefit or attend an interview with the USCIS. Although it may be tempting to try to save money by filing an application for adjustment of status by oneself or by choosing a non lawyer, the price of losing the case is now much higher than the costs of hiring a good attorney. Aliens whose application for adjustment of status is denied may be facing much more than just a disappointment; they now face possible deportation.

Immigration Service inspecting H-1B employers

Tuesday, 25 August 2009 23:59 Atty. Robert Reeves & Joseph I. Elias

THE Immigration Service has recently begun investigating H-1B employers to identify fraudulent petitions. Employers are reporting privately contracted investigators arriving unannounced at worksites to investigate approved H-1B petitions. These visits are deliberately unannounced and the investigators ask to speak with the human resource (HR) representative and H-1B worker. The employer rep and employee have little to no time to prepare the information needed. The element of surprise can also confuse the H-1B parties and result in inconsistent responses.

Investigators are asking the HR representative questions about the company such as how many employees it has and how many are legal residents. Questioning then moves to the H-1B job duties, salary, work hours and start date. Sometimes the person interviewed is not as familiar with the job duties as, say for example the H-1B employee’s immediate supervisor. This can result in well-intentioned but harmful guessed answers. The H-1B employee is also individually questioned about duties and responsibilities, salary, work hours and period of employment. When one investigator was asked if the interview was based on a random selection process, the investigator stated that it was not random.

Immigration Service inspecting H-1B employers

Sunday, 23 August 2009 18:18 Atty. Robert Reeves & Joseph I. Elias

Temporary US visitors may be eligible for a waiver of inadmissibility

Wednesday, 19 August 2009 00:19 Atty. Robert Reeves & Jeff L. Khurgel

AN often overlooked tool for individuals seeking entry into the United States despite an inadmissibility on their record is the Section 212(d)(3) waiver. Section 212(d)(3) of the Immigration and Nationality Act is a generous provision which helps those seeking to enter the US for a temporary purpose, despite any one of a number of inadmissibility grounds. These grounds can include prior crimes, immigration misrepresentations, or health-related grounds, among others. The waiver provision applies to virtually all grounds of inadmissibility, except certain security related grounds.

With such broad coverage, it is imperative that our foreign friends considering a temporary visit to the US are aware of the parameters and powers of Section 212(d)(3) relief. The nonimmigrant visa waiver is only available to those who are applying for a temporary visa, such as a student, visitor, business or temporary worker visa. Intra-company transferees and investors hailing from treaty countries are also included, as are individuals of extraordinary ability and performance artists. Ever wonder how that favorite musician or athlete made it into the US for a concert despite their past troubles with the law? Meanwhile, those permanently immigrating to the US based on petitions from family members and fiancé(e)s are not eligible for the Section 212(d)(3) waiver.