Legal Articles, Immigration

What is a Waiver of Inadmissibility to the US?

Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.” If an alien is found to be inadmissible, he or she may be ineligible for: Temporary Protected Status (TPS), nonimmigrant status, immigrant status and naturalization.

What is a Waiver in Immigration Law?

The United States Citizenship and Immigration Services (USCIS) require immigration fees for the processing of certain forms and services. These fees help fund the USCIS’s operations.

Election Issues and Immigration #4: The Porta-Potty Fire of 2016

Some have called the 2016 Presidential election a “dumpster fire.” Due to the ineptitude of both major party candidates, I believe that the term “dumpster fire” is insufficient. .

H1B Cap Exempt

Under section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (INA), only 65,000 H1B visas may be allocated each fiscal year. This is commonly called the “H1B cap.” The H1B cap applies to H1B3 fashion models of distinguished merit and ability as well.

Election Issues and Immigration #3: The Immigration Record of Tim Kaine

In this post, I will examine the immigration record of the Democratic Vice Presidential nominee, Senator Tim Kaine of Virginia, and the possible effect that his presence on the ticket may have on Hillary Clinton's immigration proposals.

New Final Rule on Provisional Unlawful Presence Waivers

In this post, I will discuss the following: changes from the proposed rule to the final rule on provisional unlawful presence waivers; changes from the old rules regarding provisional unlawful presence waivers to the new rules; analysis of the new rules.

What is International Adoption?

In this article, I will provide a brief overview of the main international adoption programs to give readers a general picture of how the international adoption laws and procedures work.

Matter of D-K-: A Great Leap Forward in Refugee Jurisprudence?

In a landmark opinion, the Board incorrectly rectified new refugee adjustment procedures announced in an earlier unpublished decision.

Immigration Consequences of Massachusetts Sex Offenses

Abstract: This treatise chapter analyzes the immigration consequences of about twenty-five Massachusetts sex offenses. The chapter presents theories as to why the offenses do or do not amount to “crimes involving moral turpitude” or “aggravated felonies.”

Reflections on Watson v. Holder: The Dog that Didn't Bark

Case law rules governing derivation of citizenship may not be changed retroactively. Because derivation of citizenship is automatic, the courts are powerless to “erase” derivation that occurred prior to reinterpretation of citizenship statutes.

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