Blog

“Admitting” to Certain Crimes Can Render A Foreign National Inadmissible to the United States under INA §212(a)(2)(A)(i)

8/15/2012 Written by SRW Lawyers

Under the Immigration and Nationality Act (“INA”), an individual can be found inadmissible for a criminal conviction or a controlled substance violation. Inadmissibility based on a previous conviction is a predicable consequence; however, many people are surprised to learn that an individual can also be found inadmissible for simply “admitting” to certain criminal activity, even […]Read More >

K-4 Visa Holder Cannot File for Green Card Based on Own Marriage to U.S. Citizen

7/24/2012 Written by Brian D. Zuccaro

In the case, Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), the Board of Immigration Appeals (BIA) held that a K-4 visa holder (i.e. the son/daughter of a K-3 visa holder) could only file an application for adjustment of status to lawful permanent residence based on the I-130 petition filed by the K-3 visa […]Read More >

Federal Court Affirms USCIS Denial of H-1B Visa for Financial and Operations Analyst

7/19/2012 Written by Brian D. Zuccaro

In the court case, Palace Wine & Spirits, Inc. v. USCIS, which was not handled by our office, a liquor sales and business acquisition company with seventeen employees filed an H-1B visa petition in order to employ an individual in a part-time “Operations and Finance Analyst” position. USCIS denied the H-1B petition finding that the […]Read More >

Fraud/Misrepresentation Charge of Inadmissibility under INA §212(a)(6)(c)

6/18/2012 Written by SRW Lawyers

Last week, after over a year and a half of advocating with CBP officials, our office received official confirmation that we were successfully able to vacate a charge of inadmissibility under INA §212(a)(6)(c) (Fraud/Misrepresentation) for our client, a Canadian citizen, who had been issued a Expedited Order of Removal in 2010.  For additional information, please […]Read More >

DHS to announce that it will offer deferred action to DREAMers.

6/15/2012 Written by SRW Lawyers

AILA has informed its members that DHS will formally announce this morning that it will offer deferred action to DREAMers. According to AILA, to be eligible for deferred action applicants must: Be 15-30 years old, and have entered before age 16 Have been present in the U.S. for 5 years as of June 15, 2012 […]Read More >