How to Overcome the 10-Year Bar with a 212(a)(9)(B) Unlawful Presence Waiver

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If you’ve been told you’re barred from entering the United States for 3 or 10 years because of unlawful presence, you’re not alone and there is hope. Many people who overstayed their visa, fell out of status, or entered without inspection can still reunite with their families or return legally through a 212(a)(9)(B) waiver, also called the unlawful presence waiver. At The Messersmith Law, we have successfully helped countless families overcome the 3- and 10-year bars.

What Is Unlawful Presence?

Unlawful presence is time spent in the US without valid immigration status after your visa expired or your authorized stay ended. According to INA §212(a)(9)(B):

  • If you stay more than 180 days but less than 1 year after your authorized period and then leave, you face a 3-year bar.
  • If you stay 1 year or more, you trigger a 10-year bar from reentering the US.

Once the bar is imposed, you’re considered inadmissible and cannot receive a visa or green card until it expires unless we help you obtain a waiver or successfully remove the bar if it was placed in error.

What Is a 212(a)(9)(B) Waiver?

The 212(a)(9)(B) waiver allows certain applicants to overcome the 3 or 10 year bar caused by unlawful presence. It’s filed using Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-601A (Provisional Unlawful Presence Waiver). To qualify, you must prove that your US citizen or lawful permanent resident spouse or parent would suffer “extreme hardship” if you’re not allowed to enter or remain in the US.

What Counts as “Extreme Hardship”?

USCIS looks for more than ordinary emotional or financial hardship. Examples include:

  • Your family member’s serious medical condition requiring your care
  • Psychological or emotional hardship of family separation
  • Financial dependency or job loss due to your absence
  • Safety concerns or lack of medical care abroad
  • Educational disruption for family members

Who Can Apply for a 212(a)(9)(B) Waiver?

You may be eligible if:

  • You accrued more than 180 days of unlawful presence.
  • You have a US citizen or lawful permanent resident spouse or parent (qualifying relative).
  • You are otherwise admissible to the US.
  • You can show that your qualifying relative would suffer extreme hardship without you.

Common Scenarios That Trigger the 10-Year Bar

  • Overstaying a student (F-1) or visitor (B1/B2) visa
  • Failing to maintain H-1B or J-1 status
  • Working without authorization
  • Being denied adjustment of status and leaving the U.S. afterward
  • Departing after unlawful presence to attend a visa interview abroad

Even if your overstay was unintentional, it still counts as unlawful presence in most cases.

Difference Between I-601 and I-601A Waivers

Waiver TypeFiled FromWhen Used
I-601Outside the US.For people already subject to a bar after leaving
I-601A (Provisional Waiver)Inside the US.For people who will leave for an immigrant visa interview abroad

We can help determine which option applies to your situation and prepare both the waiver and supporting documentation to avoid unnecessary delays or denials.

FAQ: Unlawful Presence and Waivers

Q1. How long does a 212(a)(9)(B) waiver take to get approved?
Typically 8–12 months, but timelines can vary.

Q2. Can I reapply if my waiver was denied?
Yes.

Q3. What happens if I don’t apply for a waiver?
If the bar was applied in error, we can help you challenge and remove it from your record. Otherwise, you’ll remain inadmissible for up to 3 or 10 years and will not be able to legally obtain a US visa or green card during that period.

Get Our Legal Help for Your Unlawful Presence Waiver

If you’re facing a 3 year or 10 year bar or have been told you’re inadmissible under INA §212(a)(9)(B), contact us today. With the right legal argument and evidence, we can help you win your case.

Call 305-515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We’ve helped countless individuals and families overcome unlawful presence bars and return legally to the US Let us help you do the same.

EB-1A Green Card for Startup Founders, CEOs & CTOs

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Entrepreneurship is the backbone of US innovation. If you’re a Startup Founder, CEO, or CTO driving technological, economic, or social impact, you may already qualify for the EB-1A Extraordinary Ability Green Card. No awards, publications, or PhD required.

This guide breaks down how business leaders and startup innovators can self sponsor for U.S. permanent residency under EB-1A or EB-2 NIW.

What Is the EB-1A Extraordinary Ability Green Card?

The EB-1A is for individuals who have risen to the very top of their field in business, science, or technology.
It allows you to self-petition with no employer or investor sponsorship is needed.

To qualify, you must satisfy at least 3 of 10 USCIS criteria and prove your sustained national or international recognition. Startup executives frequently qualify through innovation, leadership, fundraising success, and measurable business impact.

EB-1A for Startup Founders Without Major Funding

Even early stage entrepreneurs can qualify. USCIS focuses on impact and leadership, not just valuation. You can still win EB-1A if you:

  • Built a product with substantial user growth or open-source adoption
  • Led a strategic partnership or pilot with a large corporation or government entity
  • Achieved recognition through accelerator programs or innovation awards
  • Created jobs or patents contributing to the U.S. economy

EB-1A vs. NIW for Entrepreneurs

If your startup’s mission benefits US innovation, sustainability, or economic competitiveness, the EB-2 National Interest Waiver is another excellent option. It also allows self sponsorship and often has a slightly lower threshold than EB-1A.

CategoryEB-1AEB-2 NIW
FocusExtraordinary individual achievementNational benefit of your work
Employer Required?NoNo
Processing TimeFaster (Premium Processing available)Slower
Ideal ForHigh-impact founders, CEOs, and CTOsFounders solving major U.S. problems or advancing innovation

Real-World EB-1A Success Story

A CTO of a fintech startup approached us after raising $6 million in seed funding and launching a compliance automation platform used by over 300 clients. We focused his petition on:

  • His patented AI security framework adopted by multiple institutions,
  • His leading role in product development and investor relations, and
  • Press coverage of his company’s impact.

Result: EB-1A approved in 8 days under premium processing.

Start Your EB-1A or NIW Case Today

If you’re a Startup Founder, CEO, or CTO leading innovation, your achievements may already qualify you for a US green card.

Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com

H-3 Visa: A Smart Alternative After the 2025 H-1B Fee Increase

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On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.

This Proclamation:

  • Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025.

Further steps that will be taken to reform the H-1B program, as contemplated in the Proclamation, include:

  • A rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.
  • A rulemaking by the Department of Homeland Security to prioritize high skilled, high paid aliens in the H-1B lottery over those at lower wage levels.

Additional reforms are also under consideration and will be announced in the coming months.

These rising costs are pushing many companies and skilled workers to explore the H-3 training visa which is a flexible and low cost option for those seeking U.S. experience without navigating the H-1B lottery or excessive fees.

What Is the H-3 Visa?

The H-3 nonimmigrant trainee visa allows foreign nationals to come to the United States for a structured training program that is not available in their home country. It’s ideal for individuals or international employers who want to develop specialized skills, exchange knowledge, or build professional capacity without the high costs or restrictions of the H-1B program.

H-3 vs. H-1B Visa: 2025 Comparison

CategoryH-1B VisaH-3 Visa
PurposeU.S. employmentTraining program
Lottery RequiredYesNo
Duration3 years (extendable)Up to 2 years
Annual Cap85,000None
Employer CostHighLow
Dual IntentYesNo
Work AuthorizationFull-time workIncidental to training only

Who Qualifies for the H-3 Visa?

To qualify, you must show:

  1. The training is not available in your home country.
  2. The program is not primarily for productive employment.
  3. The training will benefit your career abroad.
  4. The U.S. organization provides a detailed, structured curriculum outlining goals, schedule, and supervision.

Best Candidates for the H-3 Visa

  • Startups and small businesses training overseas employees
  • International corporations preparing foreign managers or engineers
  • Healthcare institutions training doctors, therapists, or educators
  • Professionals seeking practical U.S. experience to enhance global careers
  • Universities and NGOs offering specialized programs unavailable abroad

FAQ: H-3 Visa After the 2025 H-1B Fee Increase

Q1. How long does the H-3 visa last?
Most programs last 6 to 24 months, depending on the training type.

Q3. Can I work while on an H-3 visa?
You can only perform incidental work that supports your training not full-time employment.

Q5. Can my spouse or children come with me?
Yes. Dependents may apply for H-4 visas to accompany you to the U.S.

Considering an H-3 Visa in 2025?

With H-1B visa costs increasing sharply after September 21, 2025, now is the time to explore the H-3 training visa as a practical, affordable alternative. At The Messersmith Law Firm, we have successfully helped thousands of clients navigate complex visa categories including H-1B, H-3, L-1, and J-1 programs.

Call 305-515-0613
Email info@messersmithlaw.com
Schedule a consultation today to find out how the H-3 visa can work for you.

Shoplifting and Green Card: How a Theft Charge Can Affect Your Immigration Status

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If you’re an immigrant or green card holder who has been charged with shoplifting, you are not alone and you’re right to be concerned. While many see shoplifting or petty theft as a minor offense, in US immigration law, it can have serious and lasting consequences.

At The Messersmith Law Firm, we’ve helped countless clients protect their green cards and immigration futures after shoplifting arrests or convictions often saving them from deportation or denial of citizenship.

Here’s what every immigrant needs to know about shoplifting and your green card in 2025.

How Shoplifting Affects Your Immigration Status

Under US immigration law, shoplifting is considered a crime involving moral turpitude (CIMT). This is a category that can make a person inadmissible or deportable under INA §212(a)(2)(A)(i)(I) and INA §237(a)(2)(A)(i). That means a single shoplifting conviction could affect your ability to:

  • Get or renew a green card
  • Adjust status (apply for permanent residence)
  • Reenter the US after travel abroad
  • Apply for US citizenship (naturalization)

However, the immigration impact depends on the facts of your case, such as the sentence, prior history, and timing.

When Shoplifting Leads to Inadmissibility or Deportation

Here’s when shoplifting becomes a serious problem for immigration:

1. Conviction After Admission or Entry

If you’re convicted of shoplifting after becoming a permanent resident, you may be deportable under INA §237(a)(2)(A)(i), especially if it occurred within 5 years of entry and carries a potential sentence of one year or more.

2. Conviction Before or During Green Card Application

If your shoplifting occurred before you applied for a green card, USCIS may find you inadmissible under INA §212(a)(2)(A)(i)(I) for committing a crime involving moral turpitude.

3. Multiple Offenses

Two or more theft-related convictions make you automatically inadmissible, regardless of sentence length.

4. Withheld Adjudication or Diversion

Even if your case was dismissed after probation or diversion, USCIS may still treat it as a conviction under immigration law.

Shoplifting, Good Moral Character, and Citizenship

If you’re applying for US citizenship, even a single shoplifting incident can cause denial if it occurred within the 5 year statutory period before filing. USCIS reviews not just convictions but also arrests, dismissed cases, or admitted conduct.

Can You Still Get a Green Card After Shoplifting?

We can assess your record, determine if you’re inadmissible, and prepare a legal brief or waiver showing rehabilitation, hardship, and family ties in the US.

What If You Were Caught Shoplifting but Not Convicted?

Even without a conviction, USCIS may still ask about the incident during your green card or citizenship process. You must always answer truthfully lying or concealing facts can lead to misrepresentation issues under INA §212(a)(6)(C)(i), which are often worse than the underlying offense. If questioned, we can help you present evidence that the incident does not meet the definition of a conviction under immigration law.

Frequently Asked Questions (FAQ)

Q1. Can shoplifting cause deportation?

Yes if it results in a conviction within five years of entry or involves multiple offenses, it can make you deportable under INA §237(a)(2)(A)(i).

Q2. Can I get a green card if I was convicted of shoplifting?

Yes it’s possible.

Q3. Will USCIS know about my shoplifting case if it was dismissed?

Yes. USCIS runs full FBI background checks and may see arrest records even if charges were dropped.

Q4. Can I travel abroad after a shoplifting conviction?

It’s risky. You may be found inadmissible at reentry.

Q5. What is a 212(h) waiver?

It’s a hardship based waiver that allows certain individuals with criminal records including theft to still obtain green cards or reentry permission.

Get Help If You’ve Been Charged With Shoplifting

At Messersmith Law Firm, we handle immigration intersection cases including theft, fraud, and misrepresentation on a regular basis.

20+ years of immigration experience
Proven success with INA §212(h) and §212(d)(3) waivers
Skilled in handling NOIDs, RFEs, and I-485 denials

If you’ve been charged with shoplifting and are worried about your green card, visa, or citizenship, don’t wait until it’s too late. We can evaluate your case, explain your options, and help you file the strongest possible strategy to protect your immigration future.

Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com

E-2 Visa Denials Rise in 2025: USCIS Tightens Standards for Economic Impact

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In 2025, USCIS has raised the bar for E-2 investor visa approvals. It’s no longer sufficient for an investor’s business to merely support their own livelihood. The enterprise must now show a measurable economic impact within the United States.

We’ve received many inquiries recently in Requests for Evidence (RFEs) and E-2 visa denials citing one key issue: the “marginal enterprise.” USCIS defines a marginal enterprise as a business that fails to go beyond self sustainability meaning it doesn’t meaningfully contribute to the US economy or create American jobs.

To succeed in 2025, E-2 applicants must demonstrate that their investment will create and sustain US jobs over time, supported by credible financial and operational evidence.

Common Reasons for E-2 Visa Denials and RFEs

Recent E-2 cases reveal several patterns where applications have fallen short of USCIS’s heightened standards:

  • Low Job Creation: Business plans that don’t clearly outline when and how American workers will be hired.
  • Service-Only Models: Online or consulting businesses with no physical presence or tangible assets in the US.
  • Minimal Revenue Projections: Financials that only cover the investor’s own income or living expenses.
  • Generic Operations: Vague descriptions of how the business will operate day to day or manage staff.

These weaknesses often trigger RFEs or outright denials, as USCIS now expects concrete, data backed plans proving the enterprise will grow, employ, and contribute to the US economy.

Case Example: Turning an RFE Into an Approval

A recent client retained our firm to respond to a USCIS RFE that questioned whether his E-2 business demonstrated the potential to expand beyond self sustainability. We revised their business plan to include a clear hiring schedule, detailed daily operations, and proof of physical assets like leased office space and equipment. Within weeks, USCIS approved the petition, recognizing the enterprise’s legitimate potential for US job creation and economic benefit.

What This Means for E-2 Applicants in 2025

E-2 visa scrutiny is at an all-time high. USCIS now demands concrete evidence of economic impact, including plans to hire US workers, operate from a verifiable US location, and generate revenue that benefits more than just the investor.

If your business plan lacks detail, hiring commitments, or credible financial projections, your case is at risk. We can help you prepare, strengthen, and defend your E-2 application to meet the latest adjudication standards.

Get Professional Help With Your E-2 Visa Today

At Messersmith Law Firm, we regularly handle complex E-2 investor visas and can help you:

Develop a USCIS-compliant business plan
Respond to RFEs or overcome marginal enterprise findings
Prove job creation and economic contribution
Maximize your chances of approval

Whether you’re filing your first petition or responding to a recent denial, we offer same-day consultations to get your case back on track.

Email: info@messersmithlaw.com
Call Today: 305-515-0613
Visit: www.messersmithlaw.com

DUI and Green Card: Can a DUI Affect My US Immigration Status?

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A DUI (Driving Under the Influence) arrest can be terrifying, especially if you’re a green card holder, visa holder, or immigrant applying for permanent residence.

The good news? A single DUI doesn’t automatically mean deportation or green card denial. But depending on your case especially if injuries, drugs, or repeat offenses are involved it can create serious immigration consequences. At The Messersmith Law Firm, we’ve helped immigrants protect their green cards and status after DUI arrests by working closely with both immigration and criminal defense counsel.

Can a DUI Affect My Green Card?

Yes a DUI can affect your green card application or status, depending on:

  • The facts of the arrest (alcohol level, injuries, or drugs)
  • Number of offenses
  • Type of immigration benefit you are applying for
  • How the case was resolved in court

While one minor DUI conviction may not automatically make you inadmissible or removable, it can trigger extra scrutiny by USCIS, ICE, or the immigration court.

How USCIS Views DUI Offenses

In recent years, USCIS has taken a much tougher stance on DUI related cases especially under the Trump and post Trump enforcement guidelines. Common USCIS concerns include:

  1. Moral character issues — DUIs can be viewed as evidence of poor moral character, especially for citizenship (N-400) applications.
  2. Criminal grounds of inadmissibility — DUIs involving drugs, injuries, or multiple offenses may trigger INA §212(a)(2) grounds.
  3. Public safety and national interest — USCIS may deny adjustment of status if the DUI raises public safety concerns.

When a DUI Can Cause Immigration Problems

Not all DUIs are treated equally. Here are situations where a DUI can threaten your green card:

1. DUI with Controlled Substances

If drugs (not just alcohol) are involved, you may be deemed inadmissible under INA §212(a)(2)(A)(i)(II) for violating a controlled substance law even without conviction.

2. Multiple DUI Offenses

Two or more DUI convictions can indicate a habitual problem, causing USCIS to question good moral character.

3. DUI with Serious Injury or Death

If your DUI caused injury or death, it could be charged as a felony or crime involving moral turpitude (CIMT) both serious for immigration.

4. DUI During Pending Immigration Application

If you are waiting for a green card, adjustment of status, or naturalization, a new DUI arrest may cause delays, RFEs, or denials until the case is resolved.

5. DUI and Immigration Detention

Immigrants with pending criminal charges especially those without lawful status risk being detained by ICE after a DUI arrest.

Can I Still Get a Green Card After a DUI?

Yes but a DUI can seriously complicate your green card process, and how you respond right now can make the difference between approval and denial. USCIS and US consulates increasingly treat DUI arrests and convictions as potential signs of inadmissibility, especially if alcohol abuse, multiple incidents, or injury to others are involved. Even a single DUI can trigger additional background checks, medical exams, and delays in your case.

If you’ve had a DUI and are applying for adjustment of status or consular processing, don’t take chances. A misstep in your response or medical documentation can result in denial or permanent inadmissibility.

DUI and Green Card Renewal or Citizenship

If you already have a green card a single DUI will usually not affect renewal but if you apply for naturalization, USCIS may find you lack good moral character especially if the DUI was within the 5 year statutory period before applying for citizenship.

DUI and Waivers Under US Immigration Law

If a DUI triggers inadmissibility due to drug involvement or moral turpitude, you may still be eligible for a waiver under:

  • INA §212(h) – For certain crimes of moral turpitude
  • INA §212(d)(3) – Nonimmigrant waiver for temporary visas
  • INA §212(a)(9)(B)(v) – For unlawful presence combined with a DUI

Frequently Asked Questions (FAQ)

Q1. Can I be deported for a DUI?

You can be detained or placed in proceedings if you have multiple DUIs, felony DUI, or DUI with drugs or injuries.

Q2. Will a DUI affect my green card interview?

Yes. USCIS will ask about any arrests or convictions.

Q3. Can I travel outside the US after a DUI?

If your DUI makes you inadmissible under immigration law, reentry could be denied.

Q4. Can I apply for a green card with a pending DUI case?

It’s risky. USCIS may delay or deny your application until the criminal case is fully resolved.

Get Legal Help After a DUI — Protect Your Green Card Today

At The Messersmith Law Firm, we’ve successfully helped clients overcome DUI related immigration challenges and secure their green cards. We know how to present your case in the best possible light under immigration law. A DUI doesn’t have to end your American dream but you must act fast. We will analyze your case and develop a plan to protect your green card and immigration future.

Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com
Schedule your confidential consultation today to get legal help after a DUI.

EB-1A Green Card for Finance Directors & Senior Financial Analysts

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If you’re a Finance Director, Senior Financial Analyst, or Fintech Executive driving profitability and financial strategy at a major firm or startup, you may already qualify for a US green card under the EB-1A Extraordinary Ability category. Even without publications or academic awards, your financial leadership, especially if it influences multimillion dollar portfolios, mergers, or investment strategies, can be recognized as extraordinary ability in business under US immigration law.

What Is the EB-1A Extraordinary Ability Green Card?

The EB-1A category is for individuals who have achieved sustained national or international recognition for excellence in their field. It allows self-petitioning and no employer sponsorship or labor certification required. Applicants must meet at least 3 out of 10 USCIS criteria and demonstrate that they’ve risen to the top of their field through evidence of influence, recognition, and achievement. For financial professionals, this means proving a record of significant business impact, high remuneration, and leadership in critical projects.

Why Finance Directors & Senior Analysts Are Strong EB-1A Candidates

Finance professionals routinely make decisions that shape corporate growth, investor confidence, and market stability. When well documented, these roles easily satisfy EB-1A criteria based on quantifiable financial achievements and strategic leadership.

EB-1A CriterionHow Finance Professionals Qualify
Original Contributions of Major SignificanceDesigning investment models, financial systems, or risk frameworks that generated measurable gains or prevented losses.
Leading or Critical RoleOverseeing financial planning, M&A transactions, or capital allocation at a global or regional level.
High Salary or RemunerationCompensation above the 90th percentile in the industry, verified by market data and company documentation.
Published Material or Media RecognitionMentions in financial press, industry reports, or internal company announcements.
Judging the Work of OthersEvaluating projects, budgets, or investment portfolios as part of review boards or executive committees.
Membership in Selective AssociationsMembership in elite professional organizations requiring proven expertise.

EB-1A vs. NIW (National Interest Waiver) for Finance Professionals

Many finance professionals also qualify for the EB-2 National Interest Waiver (NIW), which allows self-petitioning if your work benefits the US economy or financial stability.

CategoryEB-1A (Extraordinary Ability)EB-2 NIW (National Interest Waiver)
FocusIndividual achievement and leadershipUS economic or national benefit
Employer SponsorshipNot requiredNot required
Ideal ForFinance executives, investment leaders, fintech innovatorsAnalysts and financial managers impacting economic growth
Processing TimeFaster (Premium Processing available)Slower (No Premium yet)

Fintech & Quant Finance Professionals: Strong NIW Potential

If you work in fintech, quantitative finance, or blockchain, your innovations often qualify as being in the national interest due to their economic and technological significance. Examples include:

  • Developing AI-based risk or fraud detection systems
  • Creating automated trading or blockchain settlement platforms
  • Leading compliance systems for financial transparency

These can qualify under both EB-1A (extraordinary ability) and EB-2 NIW (national importance) pathways.

How Messersmith Law Firm Helps Finance Professionals Win EB-1A and NIW

At Messersmith Law Firm, we’ve successfully obtained EB-1A and NIW green cards for finance directors, investment analysts, and fintech leaders worldwide. We understand how to translate financial metrics into persuasive immigration evidence.

Our Proven Process:

  • In depth case analysis tailored to financial and corporate roles
  • Strategic evidence mapping linking achievements to USCIS criteria
  • Powerful recommendation letters from financial executives and investors
  • Legal arguments highlighting measurable business impact
  • Premium processing filing for rapid results

Start Your EB-1A or NIW Case Today

Your financial leadership drives growth, stability, and innovation and that qualifies as extraordinary ability in business.

Messersmith Law Firm — Immigration Attorneys for Finance & Investment Professionals
Call 305-515-0613
Email info@messersmithlaw.com
Schedule your consultation today to explore your eligibility for EB-1A or NIW approval.

CBP Detention Lawyer: What to Do If You’re Detained by US Customs and Border Protection

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Being detained by US Customs and Border Protection (CBP) at the airport or border can be terrifying, especially if your visa is canceled or you’re refused entry. You may be questioned for hours, have your phone searched, or even face expedited removal. If this happens, we can help you respond quickly, communicate with DHS and CBP officers, and protect your right to enter or reapply for a US visa.

What Is CBP Detention?

CBP detention occurs when an immigration officer refers a traveler for secondary inspection at a US port of entry. This usually happens when CBP suspects:

  • Misrepresentation or fraud (INA §212(a)(6)(C)(i))
  • Overstay or violation of visa terms (INA §212(a)(9)(B))
  • Unauthorized work while on a visitor or student visa
  • Security or background flags (INA §212(a)(3)(A)(i),INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii),INA §212(a)(3)(B)
  • Previous immigration or criminal issues (INA §212(a)(2)(A)(i)(I),INA §212(a)(C)(i),INA §212(a)(2)(C)(ii)

During detention, CBP can cancel your visa, deny entry, or issue an expedited removal order under INA §235(b)(1).

What Happens During CBP Secondary Inspection?

CBP officers may:

  • Review your phone, laptop, or social media accounts
  • Interrogate you about your purpose of travel or past visits
  • Pressure you to sign a withdrawal of application for admission or a Form I-860 (Expedited Removal)
  • Cancel your visa with a “CANCELLED WITHOUT PREJUDICE” stamp

Can a CBP Detention Lawyer Help If I’m Still at the Airport?

Yes but time is critical. Our law firm can:

  • Contact the CBP inspection office or duty supervisor
  • Advocate for your release or withdrawal instead of removal
  • Prevent signing documents that admit wrongdoing
  • Arrange for a legal briefing to clarify the issue
  • Protect your eligibility for future U.S. visas

Even if you’ve already been removed, we can still help you reenter legally through waivers or new visa filings.

Common Situations Where CBP Detains Travelers

  • Visa canceled after questioning (especially B1/B2 or F1)
  • Working or volunteering without authorization
  • Returning after overstaying a previous visit
  • ESTA travelers flagged for prior denials or long stays
  • Students on F-1 or J-1 questioned about employment
  • Social media posts suggesting intent to immigrate

In these cases, CBP may accuse you of immigrant intent or misrepresentation, leading to inadmissibility under INA §212(a)(6)(C)(i).

What to Do If CBP Detains You

  1. Stay calm and respectful.
  2. Call us immediately at (305) 515-0613.
    We handle emergency CBP detention cases nationwide even after hours.

FAQ: CBP Detention and Visa Cancellations

Q1. What happens if CBP cancels my visa at the airport?
If CBP cancels your visa, you must return home immediately. However, we can help you reapply or file a waiver to overcome the cancellation.

Q2. What is an expedited removal?
It’s a formal deportation order issued by CBP without a hearing. It can carry a 5 year ban from the US. If a CBP officer mistakenly issued a five year bar against you, we can challenge the determination and have the bar removed. Our firm has successfully achieved this result for many clients in similar situations.

Q3. Can I get a visa again after expedited removal?
Yes, it’s possible. However, if you were also found inadmissible under INA §212(a)(6)(C)(i) (fraud or misrepresentation) or INA §212(a)(6)(E) (alien smuggling), you will need a 212(d)(3) nonimmigrant waiver, another applicable waiver, or to have those inadmissibility findings formally removed from your record before you can obtain a new visa.

If you were deemed inadmissible under INA §212(a)(3)(A)(i), §212(a)(3)(A)(ii), or §212(a)(3)(A)(iii) (security-related grounds), no waivers are available.

However, if these determinations were made in error, which happens more often than people realize, our firm can challenge the finding and work to remove it from your record, helping you regain eligibility for a US visa.

Q4. Can CBP detain a US visa holder overnight?
Yes. CBP can hold travelers in secondary inspection or a local detention facility until they’re placed on a return flight.

Q5. How long does CBP detention last?
Usually a few hours but in complex cases it can last overnight or longer until a supervisor decides your case.

Get Immediate Legal Help Today

We work directly with CBP, the US Department of State, and consular officers to correct records and restore eligibility for entry. If you or someone you know is detained by CBP, refused entry, or had a visa revoked at the airport, contact us right now. Every minute counts fast legal action can change the outcome.

Call (305) 515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We have successfully helped travelers released from CBP detention and reentered the US legally even after expedited removal.

EB-1A Green Card for Directors of Engineering & Software Engineering Managers

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In the fast evolving world of technology, Directors of Engineering and Software Engineering Managers play a critical role in shaping innovation, driving large scale systems, and leading global teams. If you hold one of these titles, you may qualify for the EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) green card. No publications or PhD required. This guide explains how senior technology professionals can successfully obtain a US green card through leadership, innovation, and measurable impact, not just academic achievements.

What Is the EB-1A Green Card?

The EB-1A category is designed for individuals who have reached the top of their field in science, technology, business, or the arts. Unlike most employment based categories, you don’t need a job offer or employer sponsorship. To qualify, you must meet at least three of ten criteria, such as original contributions, leadership, high salary, or recognition by peers, and show sustained national or international acclaim.

Why Directors of Engineering Qualify for EB-1A

Software engineering leaders often meet multiple EB-1A criteria without traditional academic credentials.
Here’s how top engineers and managers demonstrate extraordinary ability:

EB-1A CriterionHow a Director of Engineering or Manager Qualifies
Original Contributions of Major SignificanceDeveloping or deploying large scale technologies used by millions of users, improving system efficiency, or introducing patented algorithms.
Leading or Critical RoleManaging global teams or leading high stakes projects at companies like Google, Amazon, Meta, or fast growing startups.
High Salary or RemunerationEarning top tier compensation packages that exceed the 90th percentile for your role according to US Department of Labor data.
Judging the Work of OthersServing as a technical interviewer, code reviewer, hackathon judge, or reviewer for internal innovation programs.
Membership in Associations Requiring Outstanding AchievementInvited memberships in selective tech or leadership organizations.
Media or Industry RecognitionBeing featured in company announcements, press releases, or industry blogs about your leadership or innovation.

Common EB-1A Evidence for Engineering Leaders

Even if you lack academic publications, you can prove “extraordinary ability” through real world, outcome-based documentation, such as:

  • System architecture diagrams or patent filings.
  • Evidence of leading successful product launches.
  • Documentation showing your code, framework, or system is widely adopted.
  • Organizational charts showing your leadership position.
  • Performance evaluations highlighting innovation and impact.
  • Salary data and offer letters proving above market earnings.
  • Recommendation letters from senior executives, CTOs, or tech peers.

What About the NIW (National Interest Waiver)?

If you don’t yet qualify for EB-1A, the National Interest Waiver may be an excellent alternative. This green card category also allows self-petitioning, no employer sponsorship required, and focuses on the national importance of your work.

How Software Engineering Managers Qualify for NIW:

  • Building or managing infrastructure critical to cybersecurity, AI, or national data systems.
  • Creating technologies that improve productivity, reduce costs, or enhance safety.
  • Leading initiatives with broad economic or social benefit to the US.
  • Contributing to emerging industries such as fintech, AI, or green tech.

NIW petitions can succeed even without international awards or citations when you show substantial merit, national importance, and that your work benefits the U.S.

Real World Success Story

A Director of Engineering at a global fintech company came to our firm after being told he didn’t qualify because he had no publications. We built his EB-1A petition around:

  • His leadership of a multi-region payments platform handling billions in transactions,
  • His patent on data optimization, and
  • Salary evidence showing he was among the top 5% of earners in his industry.

USCIS approved the petition in nine days under premium processing.

How Messersmith Law Firm Can Help

We’ve helped thousands of clients , including engineering managers, directors, and startup founders, secure EB-1A and NIW green cards. We know how to translate technical leadership into legal evidence that USCIS understands.

Our services include:

  • Evaluating your eligibility for EB-1A or NIW
  • Building a strong, custom legal argument for extraordinary ability
  • Drafting recommendation letters from executives and peers
  • Preparing your petition and evidence package for maximum approval success
  • Filing with USCIS and handling RFEs or NOIDs if issued

Take the Next Step

If you are a Director of Engineering, Software Engineering Manager, or senior technical leader, now is the time to explore your EB-1A or NIW eligibility.

  • Call us at 305-515-0613
  • Email info@messersmithlaw.com
  • Schedule your consultation today — and let’s build your path to a U.S. green card.

H-1B Notice of Intent to Revoke (NOIR) Due to Work Location Violation or Unlawful Presence

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If your employer or you personally received a Notice of Intent to Revoke (NOIR) on your H-1B petition, especially for work location violations or unlawful presence, you are facing a serious immigration issue that can jeopardize your job, status, and future green card eligibility.

The good news? Many H-1B revocations can be successfully challenged with the right legal strategy and evidence but timing is critical. Below are the most frequently asked questions (FAQs) about H-1B NOIRs, worksite compliance, and unlawful presence, and how our attorneys can help protect your status.

What Is an H-1B Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke (NOIR) is a letter from USCIS informing your employer that it intends to revoke an already approved H-1B petition. This happens when USCIS later believes the petition was approved in error or that the employer or beneficiary violated H-1B conditions.

Common triggers for a NOIR include:

  • Change in work location without a new LCA (Labor Condition Application)
  • Third party placement without control or supervision
  • Unlawful presence due to status lapse or withdrawal
  • USCIS site visit inconsistencies
  • Misrepresentation in job duties or worksite details

Why Does USCIS Revoke H-1B Petitions for Work Location Violations?

USCIS regulations require that the LCA and H-1B petition match the actual job location. If an H-1B worker moves to a new city or worksite without filing an amended H-1B petition, it’s considered a material change and a regulatory violation. This can lead to:

  • Notice of Intent to Revoke (NOIR)
  • Finding of unlawful presence
  • Loss of H-1B status
  • Denial of future extensions or green card filings

Even a small change such as working remotely in another city can trigger a compliance issue if no amendment was filed.

What Does “Unlawful Presence” Mean in an H-1B Context?

If USCIS finds your H-1B petition was invalid (for example, due to a location violation), your status may be considered void retroactively, meaning you could have been unlawfully present in the U.S. without realizing it. Unlawful presence carries harsh penalties:

  • 180+ days (but less than 1 year) = 3 year reentry bar
  • 1 year or more = 10 year reentry bar

This is why it’s critical to act quickly if you’ve received a NOIR or suspect an H-1B violation.

How Should Employers Respond to an H-1B NOIR?

If your company receives a NOIR, it must respond within 30 days with documentary evidence refuting USCIS’s claims. A well drafted legal response can often prevent revocation and preserve both the employer’s compliance record and the employee’s lawful status.

Can the Employee Respond Directly to a NOIR?

Usually, the petitioning employer must respond to the NOIR, not the employee. However, the H-1B employee should coordinate closely with an immigration attorney, as a revoked petition can directly affect their ability to stay or change employers. If your employer lacks experience handling a NOIR, or is unwilling or slow to act, we can help ensure your immigration interests are protected.

What Are the Consequences of an H-1B Revocation?

If USCIS revokes the petition, the consequences may include:

  • Immediate loss of H-1B status
  • Accrual of unlawful presence
  • Denial of change of employer petitions
  • Issues with future H-1B cap exemptions
  • Problems with green card processing (especially I-140 or I-485)

How Can We Help With an H-1B NOIR for Worksite Violation?

We can:

  • Analyze the NOIR and identify weaknesses in USCIS’s reasoning
  • Prepare a legal brief and collect evidence of compliance
  • Communicate with USCIS officers on your behalf
  • Negotiate or file a new H-1B petition to maintain lawful status
  • Argue against unlawful presence determinations

Our firm has successfully handled NOIRs caused by remote work, client site projects, and inter company transfers where USCIS initially claimed violations.

What If I Already Accrued Unlawful Presence After a Revocation?

If your H-1B petition was revoked and you’ve already started accruing unlawful presence, you still have options but time is critical. Unlawful presence can lead to devastating immigration consequences, including:

  • A 3 year bar from reentry if over 180 days, or
  • A 10 year bar if over one year.

However, our experienced attorneys have helped clients avoid these bars and regain lawful status by taking immediate legal action. Every day you wait increases your legal risk and can make recovery more difficult.

We Can Help You Respond to a H-1B NOIR or Prevent Revocation

If you or your employer received an H-1B Notice of Intent to Revoke, especially related to work location or unlawful presence, do not ignore it. You have only 30 days to respond, and one mistake can lead to revocation, deportation, or years of immigration delays.

Call us immediately at 305-515-0613 or email info@messersmithlaw.com. Our experienced immigration lawyers have helped hundreds of professionals and employers defend H-1B approvals and avoid unlawful presence findings.