Immigration Waivers
FALSE CLAIMS TO U.S. CITIZENSHIP
The false claim of U.S. citizenship is ground of inadmissibility, INA § 212(a)(6)(C)(ii), applies to any foreign national who, falsely represents himself or herself to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law. To trigger this ground of inadmissibility, it must be made knowingly. There is no waiver available.
The affirmative defense to this ground where:
1) the individual was under the age of 18 when the false claim was made, and
2) at that time he or she lacked the capacity to understand the nature and consequences of the false claim.
The burden is on the non-citizen to establish these elements clearly and beyond doubt. If the individual can prove that the false claim was not for “any purpose or benefit under INA or any other state or federal law” then might not be be charged with inadmissibility. There is distinction between the terms “U.S. national” and “U.S. Citizen.” An individual who owes his sole allegiance to the United States, including all U.S. citizens, and including some individuals who are not U.S. citizens is a U.S. National. A U.S. Citizen is an individual born in the United States, or whose parent is a U.S. citizen, former alien who has been naturalized as a U.S. citizen.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...
