J-1 Visa: Many Uses of the Exchange Visitor Program

There are many uses of the exchange visitor visa program, popularly known as “J-1 Visa” . The Exchange Visitor program or visa provides opportunities for foreigners to travel to the United States to acquire educational, cultural and/or employment experiences. It also exposes Americans to other cultures and in the case of families with young children,… Continue reading J-1 Visa: Many Uses of the Exchange Visitor Program

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EB-1 – Aliens of Extraordinary Ability

EB-1 is an employment-based first preference category. It is further subdivided into (1) Aliens of Extraordinary ability, (2) Outstanding professors and Researchers and (3) Multinational Manager or Executive. This article will deal exclusively with Aliens of Extraordinary ability in the sciences, arts, education, or athletics. Though it is an employment-based preference category, actual employment sponsorship… Continue reading EB-1 – Aliens of Extraordinary Ability

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EB-2 Employment Based Green Card

There are essentially two avenues to acquiring permanent residence status in the United States. One avenue is through family sponsorship. This category is further subdivided into spousal sponsorship, parent-child sponsorship and sibling sponsorship. The second avenue is employment sponsorship. It consists of EB-1, EB-2, EB-3, EB-4 and EB-5. Some of this subcategories require sponsorship by… Continue reading EB-2 Employment Based Green Card

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Green Card for Diplomat under Section 13 of INA

Adjustment of status to that of a permanent residence under section 13 of the Immigration & Nationality Act is limited to aliens who were admitted into the United States under section 101, paragraphs (a)(15)(A)(i), (a)(15)(A)(ii), (a)(15)(G)(i) or (a)(15)(G)(ii) of the Immigration & Nationality Act who performed diplomatic or semi-diplomatic duties and to their immediate family… Continue reading Green Card for Diplomat under Section 13 of INA

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Waiver of Unlawful Presence

This article will discuss waiver of inadmissibility based on unlawful presence under INA §212(A)(9)(B) and USCIS Form I-601A. There are two types of unlawful presence, the “three -and ten -year bars under INA §212(a)(9)(B) and the “permanent bar under INA §212(a)(9)(C). Generally, there is no waiver for “permanent bar” under INA §212(a)(9)(C)(i)(l).  Unlawful presence is… Continue reading Waiver of Unlawful Presence

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Waiver of Fraud or Willful Misrepresentation

In this article, we will discuss waiver of inadmissibility based on fraud or willful misrepresentation of material facts to an immigration official either within the United States or at the United States Embassy or Consulate abroad. Under INA §212(a)(6)(C)(i), any alien who, by fraud or willful misrepresentation of a material fact, seeks to procure, has sought… Continue reading Waiver of Fraud or Willful Misrepresentation

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Citizenship for Children of Foreign Diplomats

Under the 14thAmendment to the United States Constitution, children of foreign diplomats born in the United States do not acquire United States citizenship because they are not subject to the jurisdiction of the United States. This is because, like their diplomatic parents, they also enjoy certain immunities under international law. However, the children of foreign… Continue reading Citizenship for Children of Foreign Diplomats

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Citizenship for Children Born Abroad.

This article deals with acquisition of U.S. citizenship by children born abroad where one parent is a United States Citizen and the other parent is not. Generally a person born outside the United States in wedlock to a United States citizen mother and father acquires United States citizenship at birth under §301(c) of the Immigration and… Continue reading Citizenship for Children Born Abroad.

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