Political Asylum Series: Syria

Political Asylum – Part III

Spotlight: Syria

In the third part of our asylum series, we will discuss previous asylum claims made by Syrian nationals.  This discussion should help you determine if asylum is a possibility for you

This asylum post will cover asylum applications where the applicant is of Syrian origin.

Political Asylum Requirements

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group may obtain asylum.

Examples of Successful US Asylum Cases Made by Syrian Nationals

• A Syrian national in the US who attended protest rallies in the United States;
• A Syrian national who is a member of democratic organizations;
• A Syrian male who is a Christian; and
• A Syrian female whose husband was killed by the Syrian government during a protest.

We can help you win your asylum claim and obtain permanent residency (green card) in the US

Many Syrian nationals have credible fear of persecution in Syria that can lead to an asylum approval.  However, most asylum cases are denied due to applicants failure to articulate their fear and document events that have led to that fear.  We have successfully helped many Syrian clients and we are familiar with many circumstances that can lead to a successful asylum claim.  In our experience, most asylum applications are adjudicated in 1-2 months.  It is best, but not mandatory, to file your asylum application within the first 12 months of your entry to the US and while you have a valid immigration status such as a visitor or work visa.   We understand the fear and the pain you’re going through and we’ll make sure that your asylum process is as painless as possible.

The USCIS Civil Surgeon

Any foreign national who wishes to apply for permanent resident status (green card) must undergo an medical evaluation by a USCIS approved civil surgeon.  According to US law, specifically INA Section 212(a)(1)(A)(i) and 212(a)(1)(A)(ii), an immigrant must show that he or she 1.  does not have a communicable disease of public health significance and 2. has received vaccination against vaccine-preventable diseases.  The Centers for Disease Control and Prevention (CDC) controls which diseases are communicable diseases of public health significance and which are vaccine-preventable.  The CDC currently lists Tuberculosis, Syphilis, Chancroid, Gonorrhea, Granuloma Inguinale, Lymphogranuloma Venereum and Hansen’s Disease (Leprosy) as diseases of public health significance and Mumps, Measles, Rubella, Polio, Tetanus, Diphtheria, Pertussis, Haemophilus influenzae Type B, Rotavirus, Hepatitis A, Hepatitis B, Meningocococcal disease, Varicella, Pneumococcal pneumonia and Influenza as vaccine-preventable diseases.

When applying for a green card, a foreign national must have a USCIS civil surgeon complete Form I-693 and indicate that he or she does not have a communicable disease and that their vaccination record is up to date.  If the foreign national does have a communicable disease or does not wish to be vaccinated, he or she may apply for a waiver.

In order for a foreign national to document that he or she does have a communicable disease and that his or her vaccinations are in order, a USCIS civil surgeon must attest to these facts by completing Form I-693 and providing a sealed copy of the form to the foreign national to be submitted with the application for residency.  It is very important that the I-693 be fully completed and signed by the civil surgeon.  Filing an incomplete I-693 with USCIS can result in a denial of the green card application.

Many of our clients ask us how to locate a civil surgeon and if we recommend any in particular.  While we have hundreds or thousands of clients who have obtained medical exams performed by civil surgeons, we do not get involved directly with them.  We point our client to the USCIS Civil Surgeon locator tool. Our clients meet with the civil surgeon to perform the examinations and the civil surgeon will provide us with a sealed envelope containing Form I-693 which we then submit to USCIS.  The civil surgeon will communicate with our clients and inform them if the results are negative or positive.  Therefore, we cannot make any recommendations on which civil surgeon to select but if you would like to share your experiences with a USCIS civil surgeon here, we will be happy to post them so others can use the information to select their own.

Entrepreneur NIW: The National Interest Waiver for Entrepreneurs

In an effort to encourage foreign nationals to immigrate to the United States, establish or purchase a business and employ US persons, USCIS has established a new set of regulations specifically for foreign entrepreneurs.  This new regulations allow entrepreneurs to utilize the H1B visa to establish and run a business in the US temporarily and obtain permanent residency through the EB2 green card category as well as the EB2 NIW category.  This blog post will cover using the NIW to obtain a green card by establishing a US business and hiring US workers.

The National Interest Waiver allows a foreign national to apply for permanent residency through the EB2 category without having a US employer or a job offer.  This means that there is no requirement to undergo PERM labor certification and petitions can be approved in as little as 3 months provided that the entrepreneur’s immigration is in the national interest.

The entrepreneur can show his immigration is in the national interest if he can establish the following three points.

1. The NIW entrepreneur must seek employment in an area that has substantial intrinsic merit.  An example would be a structural engineer working on highway bridges.
2. The NIW entrepreneur must demonstrate that the proposed benefit to be provided will be national in scope.   For example, the entrepreneur might be able to demonstrate that the jobs his or her business enterprise will create in a discrete locality will also create (or “spin off”) related jobs in other parts of the nation. Or, as another example, the entrepreneur might be able to establish that the jobs created locally will have a positive national impact.
3. The NIW entrepreneur must demonstrate that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.  The entrepreneur who demonstrates that his or her business enterprise will create jobs for U.S. workers or otherwise enhance the welfare of the United States may qualify for an NIW. For example, the entrepreneur may not be taking a job opportunity from a U.S. worker but instead may be creating new job opportunities for U.S. workers. The creation of jobs domestically for U.S. workers may serve the national interest to a substantially greater degree than the work of others in the same field.

The USCIS finally recognizing that immigrants are vitally important to the success of the US economy and are providing additional avenues to permanent residence for them.  If you are considering starting, purchasing or expanding a US business, the NIW may be the right choice for you.

Political Asylum Series: Nigeria

Political Asylum – Part II

Spotlight: Nigeria

In the second part of our asylum series, we will discuss previous asylum claims made by Nigerian nationals.  This discussion should help you determine if asylum is a possibility for you

This asylum post will cover asylum applications where the applicant is of Nigerian origin.

Political Asylum Requirements

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group may obtain asylum.

Examples of Successful US Asylum Cases Made by Nigerian Nationals

• A female tribal member who was forced to undergo female genital mutilation (FGM) by her boyfriend’s family;
• A Christian male who was infected with HIV and committed several felonies in the US who faced persecution in Nigeria based on his HIV positive status and felony convictions due to Nigerian law “Decree 33″;
• A mother with two US citizen daughters demonstrated that more than 60% of women are subjected to female genital mutilation; and
• A political protester involved in the Free Nigeria Movement was arrested multiple times by the Nigerian police.

We can help you win your asylum claim and obtain permanent residency (green card) in the US

Many Nigerian nationals have credible fear of persecution in India that can lead to an asylum approval.  However, most asylum cases are denied due to applicants failure to articulate their fear and document events that have led to that fear.  We have successfully helped many Nigerian clients and we are familiar with many circumstances that can lead to a successful asylum claim.  In our experience, most asylum applications are adjudicated in 3-6 months.  It is best, but not mandatory, to file your asylum application within the first 12 months of your entry to the US and while you have a valid immigration status such as a visitor or work visa.   We understand the fear and the pain you’re going through and we’ll make sure that your asylum process is as painless as possible.

F1 Student Visa for High School Students at Public and Private Schools

All applicants for F1 student visas must demonstrate that s/he:

1.  has a residence in a foreign country which he has no intention of abandoning;

2.  is a bona fide student qualified to pursue a full course of study;

3.  seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States;

4. has a SEVIS Form I-20 from an ICE approved institution; and

5. can demonstrate financial support or the funds to cover the expenses listed in the SEVIS Form I-20.

In cases where the student intends to study at a public secondary school, the student must demonstrate that s/he has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at the school for the period of the student’s attendance.  Additionally, the period of attendance must be 12 months or less.  Violation of this restriction can result in a five year bar from entry to the United States INA Section 212(a)(6)(G).  In most cases where a F1 visa holder attends high school in the US, s/he will reside with a host family.  It is a good idea for the host family to execute a limited power of attorney so they may seek medical care or assist in legal matters for the child

An F1 visa applicant’s spouse and minor children may obtain F2 visa status. Children of F1 visa holders in F2 visa status may attend elementary school through 12th grade.  Canadian and Mexican nationals who maintains actual residence and place of abode in their country of nationality may commute to the United States to study at an approved institution.

How to Expedite an I-601 Waiver

Expediting an I-601 Waiver Requires a Showing of Extraordinary Circumstances

USCIS will only exercise thier discretion to expedite a Form I-601 where an applicant presents a compelling and urgent argument which involves time-sensitive reasons.  In extraordinary circumstances, USCIS will exercise discretion to approve a request to expedite adjudication of a Form I-601.  A simple desire to be reunited with family in the United States is not extraordinary.  Extraordinary circumstances which may persuade the USCIS to expedite the I-601 will contain one or more of the following

• The applicant has urgent and critical medical needs that cannot be addressed in the applicant’s country;An applicant’s family member in the United States has a life-threatening medical condition and has immediate needs related to that condition for the applicant to assist the family member in the United States;
• The applicant is faced with urgent circumstances related to the death or terminal illness of a family member;
• The applicant or qualifying family member is a particularly vulnerable individual due to age or disability;
• The applicant is at risk of serious harm due to personal circumstances distinct from the general safety conditions of those living in the applicant’s country;
• It would be in the national interest of the United States to have the applicant in the United States (for example, the applicant’s presence in the United States is urgently required for work with a U.S. government entity); or
• As described in a request from or for a member of the Armed Forces of the United States:
  • The applicant’s qualifying family member is a member of the military who is deployed or will soon be deployed; and
  • The applicant demonstrates that, in light of the deployment there are compelling reasons to expedite the request due to the impact of the applicant’s absence from the United States on the applicant, the qualifying family member, or their children, if any.

The USCIS will review all request to expedite within 5 business days of their submission and will notify the applicant within 10 business days if their request is granted.  It is unlikely that USCIS will entertain a second request to expedite so it is essential that the first request be as compelling as possible.

Inadmissibility Series II: INA § 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

Inadmissibility Series INA § 212– Part II

INA § 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States.  Some classes are complete bars and others allow specific types of waivers of inadmissibility.  If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card.  There are many ways a foreign national may be deemed inadmissible.  The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States.  In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination.  You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows.  In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

INA § 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

INA § 212(a)(2)(A)(i)(I) CIMT List or List of Crimes Involving Moral Turpitude

The Immigration and Nationality Act does not provide a CIMT list.  However, the Foreign Affairs Manual (FAM) does provide a list of the type of crimes which are commonly CIMT.

According to 9 FAM 40.21(a) N2.2, a crime is likely a CIMT if an element of the crime includes fraud, larceny or intent to harm persons or things.

9 FAM 40.21(a) N2.3-1 lists common crimes against property that are considered CIMT

a. Most crimes committed against property that involve moral turpitude include the element of fraud. The act of fraud involves moral turpitude whether it is aimed against individuals or government. Fraud generally involves:
(1) Making false representation;
(2) Knowledge of such false representation by the perpetrator;
(3) Reliance on the false representation by the person defrauded;
(4) An intent to defraud; and
(5) The actual act of committing fraud
b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance:
(1) Arson;
(2) Blackmail;
(3) Burglary;
(4) Embezzlement;
(5) Extortion;
(6) False pretenses;
(7) Forgery;
(8) Fraud;
(9) Larceny (grand or petty);
(10) Malicious destruction of property;
(11) Receiving stolen goods (with guilty knowledge);
(12) Robbery;
(13) Theft (when it involves the intention of permanent taking); and
(14) Transporting stolen property (with guilty knowledge).
c. Crimes against property which do not fall within the definition of moral turpitude include:
(1) Damaging private property (where intent to damage not required);
(2) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude);
(3) Passing bad checks (where intent to defraud not required);
(4) Possessing stolen property (if guilty knowledge is not essential);
(5) Joy riding (where the intention to take permanently not required); and
(6) Juvenile delinquency.

9 FAM 40.21(a) N2.3-2 lists common crimes against government authorities that are CIMT

a. Crimes committed against governmental authority which fall within the definition of moral turpitude include:
(1) Bribery;
(2) Counterfeiting;
(3) Fraud against revenue or other government functions;
(4) Mail fraud;
(5) Perjury;
(6) Harboring a fugitive from justice (with guilty knowledge); and
(7) Tax evasion (willful).
b. Crimes committed against governmental authority, which would not constitute moral turpitude for visa-issuance purposes, are, in general, violation of laws which are regulatory in character and which do not involve the element of fraud or other evil intent. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or evil intent:
(1) Black market violations;
(2) Breach of the peace;
(3) Carrying a concealed weapon;
(4) Desertion from the Armed Forces;
(5) Disorderly conduct;
(6) Drunk or reckless driving;
(7) Drunkenness;
(8) Escape from prison;
(9) Failure to report for military induction;
(10) False statements (not amounting to perjury or involving fraud);
(11) Firearms violations;
(12) Gambling violations;
(13) Immigration violations;
(14) Liquor violations;
(15) Loan sharking;
(16) Lottery violations;
(17) Possessing burglar tools (without intent to commit burglary);
(18) Smuggling and customs violations (where intent to commit fraud is absent);
(19) Tax evasion (without intent to defraud); and
(20) Vagrancy.

9 FAM 40.21(a) N2.3-3 lists common crimes against a person, family relationship and sexual morality

a. Crimes committed against the person, family relationship, and sexual morality, which constitute moral turpitude as it relates to visa issuance, include:
(1) Abandonment of a minor child (if willful and resulting in the destitution of the child);
(2) Adultery (see INA 101(f)(2) repealed by Public Law 97-116);
(3) Assault (this crime is broken down into several categories, which involve moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.);
(4) Bigamy;
(5) Contributing to the delinquency of a minor;
(6) Gross indecency;
(7) Incest (if the result of an improper sexual relationship);
(8) Kidnapping;
(9) Lewdness;
(10) Manslaughter:
(a) Voluntary, occurs when a person intentionally kills another person after “adequate provocation”; that is, there has been action that was sufficient to incite an “ordinary person” to “sudden and intense passion” such that s/he loses self-control. It should be noted that the time between provocation and the killing should not be long enough for the passion to have cooled off. In most states, “adequate provocation” is defined to be only situations in which there is a threat of deadly force, or in which a person finds his/her spouse in bed with another person. Verbal threats are usually not considered adequate provocation; and
(b) Involuntary, where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter that only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly.
(11) Mayhem;
(12) Murder;
(13) Pandering;
(14) Prostitution; and
(15) Rape (By statute, a person may be convicted of statutory rape even though the victim consents and provided she or he is under the statutory age at the time of the commission of the act. “Statutory rape” is also deemed to involve moral turpitude.)
b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:
(1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);
(2) Illegitimacy (i.e., the offense of begetting an illegitimate child);
(3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);
(4) Incest (when a result of a marital status prohibited by law);
(5) Involuntary manslaughter (when killing is not the result of recklessness);
(6) Libel;
(7) Mailing an obscene letter;
(8) Mann Act violations (where coercion is not present);
(9) Riot; and
(10) Suicide (attempted).

9 FAM 40.21(a) N2.4 lists common crimes involving aiding and abetting, accessories and conspiracy

a. The following types of crimes are held to be crimes involving moral turpitude:
(1) An attempt to commit a crime deemed to involve moral turpitude;
(2) Aiding and abetting in the commission of a crime deemed to involve moral turpitude;
(3) Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude; or
(4) Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude.
b. Conversely, where an alien has been convicted of, or admits having committed the essential elements of, a criminal attempt, or a criminal act of aiding and abetting, accessory before or after the fact, or conspiracy, and the underlying crime is not deemed to involve moral turpitude, then INA 212(a)(2)(A)(i)(I) would not be applicable.

Waiver of Inadmissibility for an Immigrant Visa due to Crime Involving Moral Turpitude or CIMT

There is only one section of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

INA § 212(h) – The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

Waiver of Inadmissibility for a Nonimmigrant Visa due to Crime Involving Moral Turpitude or CIMT

INA § 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again.  This is simply not true.  For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.  We have successfully helped many clients who were determined to be inadmissible and we can assist you.  We believe that with the right approach, there is always a hope to win your case.

New USCIS Fees Go Into Effect on November 23, 2010

Following up the USCIS’s June 11, 2010 announcement of their plan to increase fees, USCIS fees are increasing as of November 23, 2010.  The new fee schedule will be as follows:

The DREAM Act is Back! (Maybe)

Senator Harry Reid has announced via his blog that he will add the DREAM Act a military spending bill later next week.  In a statement, Senator Reid acknowledged that passage of comprehensive immigration reform is unlikely but that passage of the DREAM Act may gain traction in the House

“I know we can’t do comprehensive immigration reform,” Reid said at a news conference. “But those Republicans we had in the last Congress have left us.”

The previous versions of the DREAM Act and American Dream Act would make certain undocumented students eligible for a six-year conditional permanent resident status upon high school graduation. These students could then apply to have the conditional basis of their permanent residence status lifted after completing at least two years of higher education or serving for at least two years in the US military.

The bills would also repeal section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), which requires states that provide the in-state tuition rate to undocumented students to provide the same tuition rate to out-of-state residents.

In the newest version to be proposed by Senator Reid, there are slight changes.

We are also offering an amendment to pass the DREAM Act. This amendment will ensure that millions of children who grow up as Americans will be able to get the education they need to contribute to our economy. Students who come to America before age 16 and who have been here for five years should be able get their green card after they go to college or serve in the military. And many who have volunteered to defend our country can finally become citizens of it.

Inadmissibility Series I: INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

Inadmissibility Series INA § 212– Part I

INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States.  Some classes are complete bars and others allow specific types of waivers of inadmissibility.  If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card.  There are many ways a foreign national may be deemed inadmissible.  The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States.  In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination.  You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows.  In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Waiver of Inadmissibility for an Immigrant Visa due to Fraud or Misrepresentation

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

INA § 212(i) – The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.

INA § 237(a)(1)(H) – The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.

Waiver of Inadmissibility for a Nonimmigrant Visa due to Fraud or Misrepresentation

INA § 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again.  This is simply not true.  For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.  We have successfully helped many clients who were determined to be inadmissible and we can assist you.  We believe that with the right approach, there is always a hope to win your case.

• Recent Posts

  • Political Asylum Series: Syria
  • The USCIS Civil Surgeon
  • Entrepreneur NIW: The National Interest Waiver for Entrepreneurs
  • Political Asylum Series: Nigeria
  • F1 Student Visa for High School Students at Public and Private Schools
  • How to Expedite an I-601 Waiver
  • Inadmissibility Series II: INA § 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT
  • New USCIS Fees Go Into Effect on November 23, 2010
  • The DREAM Act is Back! (Maybe)
  • Inadmissibility Series I: INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

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