B-2 Visitor Visa
FOIA Request to Resolve Immigration Issues
The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S.…
Read MoreSteps to Replace Lost Passport with U.S. Visa
Losing a passport with a valid U.S. visa, particularly in a foreign country, is always a huge setback especially for those who are on a short vacation and must return to the U.S. to resume their employment or to attend school. Irrespective of the care one takes to guard important documents, every year many passports…
Read MoreGlobal Entry Enrollment Open for Indian Citizens
Travel to United States just became easier for citizens of India. In July, U.S. Customs and Border Protection (CBP) announced that India would be added to the list of approved Global Entry countries. According to the CBP, the Global Entry program allows expedited clearance for pre-approved, low risk travelers upon arrival in the United States.…
Read MoreObtaining Waiver for Nonimmigrants
Nonimmigrants who are found ineligible for admission (inadmissible) for entry into the U.S. are permanently barred from entering or remaining in the U.S. Generally, an inadmissible individual can seek entrance on a temporary basis with an Immigration and Nationality Act (INA) §212(d)(3) nonimmigrant visa waiver. This waiver is available to foreign nationals who have been…
Read MoreWarrantless Searches by CBP at the Border and Port of Entry
U.S. Customs and Border Patrol (CBP) agents have the broad legal authority to conduct searches at the border and Port of Entry (POE). Unlike police officers who need search warrants, CBP can conduct searches “without individualized suspicion” as stated in CBP’s policy. U.S. citizens, lawful permanent residents, and visitors alike are subjected to CBP searches,…
Read MoreBIA Appeal Reverses Material Misrepresentation on I-485
From time to time, like in our previous writing, Abandonment of LPR (Green Card) Status (Part II), we discuss unpublished/non-precedential decisions of the Board of Immigration Appeals (BIA) made public thru various means. While non-precedential decisions are only binding on the parties to the case – they are nevertheless very instructive because the BIA is…
Read MoreU.S. Supreme Court Decision Broadens Rights Afforded to Same-Sex Couples
In our past news item, DOMA Ruling and Immigration Benefits for Same-Sex Partners, we discussed the implications of a June 2013 Supreme Court of the United States (SCOTUS) decision invalidating an operative provision of the Federal Defense of Marriage Act (DOMA) affecting same-sex marriages. More specifically, in U.S. v. Windsor, the SCOTUS struck down Section…
Read MoreU.S. Supreme Court Solidifies the Doctrine of Consular Nonreviewability
On June 15, 2015, the Supreme Court of the United States issued a decision in Kerry v. Din which reinforces the viability of the judicially created doctrine known as “consular nonreviewability.” At its broadest, the doctrine of consular nonreviewability is typically understood to mean a consular officer’s decision to deny a visa is not subject…
Read MoreAbandonment of LPR (Green Card) Status (Part I)
Maintaining Legal Permanent Resident (LPR) status requires intent to permanently reside in the United States. Accordingly, an LPR is subject to a removal order from an Immigration Judge if found to have “abandoned” intent to live in the U.S. permanently. The issue of abandonment often arises when an LPR travels abroad. Although the LPR’s intent…
Read MoreWhat Is a Public Charge?
Determination that a person is a “public charge,” under U.S. immigration law has been used as grounds for inadmissibility and deportation of immigrants for many years, although deportations on public charge grounds are very rare because the standards are very strict. U.S. immigration officials use the term “public charge” in reference to a person who…
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