A person may acquire US citizenship either at birth or through naturalization. A person born in the US and subject to its jurisdiction acquires US citizenship at birth but, under…
Under 8 CFR 205.1(a)(3)(i)(C), an approved Form I-130 petition for an alien relative is automatically revoked upon the death of the petitioner if the beneficiary has not obtained lawful permanent…
In applications for immigration benefits or relief, the focus is often on the qualifications or eligibility of the alien for such benefits or relief. In this article, I would like…
MOST people might welcome a change in law that provides relief or benefits which were previously unavailable. However, a new law which deprives individuals of benefits that they could have…
We have recently discussed how criminal convictions could lead to removal or inadmissibility. However, under INA 212(a)(2)(A)(i), an alien is also inadmissible if he admits committing acts which constitute the…
A criminal conviction for a firearm offense may affect an alien’s immigration status or his eligibility for relief. The immigration consequences of a firearm conviction would depend on the status…
For immigration purposes, INA 101(a)(48)(A) defines a conviction as: (1) a formal adjudication of guilt entered by a court; or, (2) if adjudication of guilt is withheld: (a) a judge…
Convictions for certain criminal offenses could cause denial of a visa or lead to removal. Under INA 101(a)(48)(A), the term conviction, with respect to an alien, means: (1) a formal…
Under INA 237(a)(1)(E)(i), a lawful permanent resident (LPR) who has knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the US in…
Under INA 101(a)(15)(L), an alien who has worked continuously for one year for a firm or subsidiary abroad within the preceding 3 years and who now seeks to temporarily enter…
Under INA 101(a)(43)(A), sexual abuse of a minor is an aggravated felony. A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits…
WHEN an Immigration Judge (IJ) issues a removal order, the order becomes final when the affected alien does not file an appeal with the Board of Immigration Appeals (BIA). If…
WHAT crimes involve moral turpitude is not an easy question to answer. Some attempts to answer this question have resulted in conflicting interpretations. In Hernandez-Gonzalez v. Holder, No. 11-70359, slip…
AN inadmissible alien cannot receive a visa and he cannot be admitted into the US. An alien may be inadmissible due to certain conduct, conditions, criminal convictions or events. Nevertheless,…
Under INA 216(a)(1), an alien who: (1) applies for lawful permanent residence (LPR) based on marriage to a US citizen (USC) or LPR spouse; and (2) such marriage was entered…
ON November 20, 2014, President Obama announced a series of executive actions that would benefit some undocumented aliens and improve some business-related aspects of the immigration process. Due to the…
MORE than a year ago, I discussed in an article the immigration consequences of using a false social security number. In Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000),…
A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits or relief. Due to these immigration consequences, anyone who’s facing a criminal…
MOST people who follow immigration law are familiar with adjustment of status, which is the process that allows an alien who was inspected and admitted or paroled into the US…
THE Board of Immigration Appeals (BIA) recently discussed the immigration implications of certain gang-related offenses. In Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014), the respondent was charged with…
ALIENS who wish to visit the US temporarily for business may be issued B-1 business visitor visas. Under 22 CFR 41.31(b)(1), the term “business” refers to conventions, conferences, consultations and other…
Adopted children may obtain immigration benefits in three different ways. First, under INA 101(b)(1)(E)(i), a US citizen (USC) or lawful permanent resident (LPR) may file an immigrant petition for a…
ALIENS who are visiting the US temporarily for pleasure may be issued B-2 visas. Under 22 CFR 41.31(b)(2), the term “pleasure” refers to legitimate activities of a recreational character, such as tourism,…
ON July 11, 2014, USCIS issued a policy memorandum on the adjudication of H-1B petitions for nursing occupations. Most registered nurse positions do not qualify for H-1B classification but the…
The Child Status Protection Act (CSPA) allows an applicant for immigration benefit under a preference category, either as a direct or a derivative beneficiary, to retain his classification as a…
About a year ago, we discussed inadmissibility under INA 212(a)(6)(C)(i), which bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or…
INA 237(a)(1)(H), commonly known as the fraud waiver, provides relief to lawful permanent residents (LPR) and battered spouse self-petitioners in removal proceedings. To understand this waiver, we must first examine…
An applicant for admission or adjustment of status must generally have a qualified sponsor who executes a Form I-864 Affidavit of Support. Otherwise, such alien would be inadmissible under INA…
UNDER INA 101(a)(15)(F)(i), an alien student may temporarily enter the US to pursue a course of study at an established and approved college, university, seminary, conservatory, academic high school, elementary…
Tattoos have evolved into popular forms of self-expression especially among younger people. However, tattoos sometimes indicate gang affiliations. As law enforcement officials began to understand the relationship of certain tattoos…
