Posts Tagged ‘Immigration And Nationality Act’

New hope for foreigners who are subject to the three/ten year bar

January 10th, 2012 Tushar Mathur

A new proposal by the Department of Homeland Security (DHS) brings new hope to foreigners who are subject to the three and ten year bars because of their unlawful presence in the United States. Rather than leaving the United States to apply for a waiver at an overseas consulate office, these foreigners would be allowed to have their waiver pre-adjudicated by the USCIS in the United States according to the proposal. If their waiver applications are approved, they would still be required to depart the U.S. to apply for immigrant visas to return to the United States.

The 3/10 Year Bar
Section 212(a)(9) of the Immigration and Nationality Act provides that any noncitizen who after having been unlawfully present in the United States for 180-364 days and then voluntarily departs the country before they are placed in removal proceedings is not allowed to return to the United States for three (3) years.

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When is a Lawful Permanent Resident considered seeking admission to the United States?

October 23rd, 2011 Tushar Mathur

The United States immigration laws confer certain rights and privileges to a person who has been granted Lawful Permanent Resident (LPR) status by the government.  These individuals, commonly known as green card holders, are authorized to work and live in the United States indefinitely.  Legal residents are also allowed to return to the United States after international travel.  Nonresidents, on the other hand, are considered applicants for admission and must establish that they are admissible to the United States in order to enter.

Sec.

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Third Circuit Appeal Court held section 245(i) does not overcome 10-year illegal presence bar

September 28th, 2011 Tushar Mathur

Section 245(i) of the Immigration and Nationality Act allows certain foreigners in the United States who would not normally qualify to apply for adjustment of status in the U.S.

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VAWA self-petitions can be filed by the victim between the ages of 21 and 25

September 8th, 2011 Tushar Mathur

The USCIS has issued a policy memo dated September 6, 2011, to allow victims of abuse to file their self green card petitions even though they are over the age of 21 if it is filed before the age of 25.  The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended section 204(a)(1)(D) of the Immigration and Nationality Act to allow continued eligibility for certain individuals to file a VAWA self-petition after the age of 21, if the abuse was at least one central reason for the filing delay. 


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It’s time to bring back Section 245(i)

May 2nd, 2011 Tushar Mathur

It may be hard to believe, but April 30 marked the 10th anniversary of the sunset date of Section 245(i) of the Immigration and nationality Act – a law that has changed the lives of tens of thousands of people in the United States by allowing them to be legalized through adjustment of status. In order for a foreign national to adjust their status to that of a lawful permanent resident, she must meet a number of conditions and requirements in the legal process called adjustment of status. Congress passed Section 245(i) to allow foreigners to adjust their status even though they did not meet all the conditions and requirements.

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Seattle Immigration Lawyer | Bribery of a Public Official is Not an Aggravated Felony Under INA

November 24th, 2010 Tushar Mathur

As immigration attorneys and other immigration law watchers know, the definition of “aggravated felony” under the Immigration and Nationality Act (“INA”) is ever-changing. Last month was no exception. In a decision that represented a victory for the narrow definition crowd, the Board of Immigration Officials (“BIA”) recently ruled in favor of an Austrian lawful permanent resident who was convicted of bribery of a public official under federal law, for which he was sentenced to 36 months of imprisonment. Matter of Chrysanth George Gruenangerl, 25 I&N Dec. 351 (BIA 2010).

In September, an Immigration Judge (“IJ”) had found Mr.

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What is Visa Waiver Program?

March 2nd, 2010 Tushar Mathur


The term Waiver stands for a kind of document provided to a person before a service is rendered by him. This waiver works as a security object for both the person as well as the provider.

‘Waiver’ holds the same significance in Visa Waiver Program too. Visa Waiver Program is a grant provided by the government of United States of America to the citizens of specific countries to travel United States for business or any other purpose for not more than 90 days without any Visa.

U.S. government has listed 34 countries under waiver program which are either the countries that possess higher economy or the developed countries.

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Visa Bulletin for Oct 2009

September 12th, 2009 Tushar Mathur

The Visa Bulletin for Oct 2009 has summarized the availability of the number of immigrants during October 2009. As per the same a black and white report would be expected from the consular officers on the qualified applicants. The report is to be send o the United States department of state. I have discussed the same briefly here under and is aimed at benefiting you. Hope the under mentioned would keep you updated on the latest from the United States department of State

The limits for the fiscal year 09, has been fixed as per the provisions of the INA Act (Sec 201).

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