Misrepresentation guidance tightens and creates implications beyond the obvious

There are a myriad number of reasons that a person may be found inadmissible to the United States. The grounds of inadmissibility apply to both temporary and permanent visa applicants. Waivers may be available for some of these grounds, but you would rather not need to avail yourself of a waiver

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President Trump’s Immigration Mandate

President Trump is seeking to limit immigration . Not just illegal immigration by building a wall, but legal immigration as well . About 1 million people legally immigrate to the United States annually with permanent visas. Contrast that with 11 million annual temporary visitors. Anti-immigration groups want to slash the number of permanent visas in half.

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After Trump's Election: Business As Usual For Legal Immigration

So the results are in and Donald Trump is going to be the 45th President of the United States of America . For legal immigration to the United States, we expect business as usual. Though Donald Trump promises to be tough on enforcement, foreign investors are still likely to be courted by the United States.

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What is a § 237(a)(1)(H) Waiver?

The § 237(a)(1)(H) waiver is a humanitarian waiver created by Congress for certain deportable lawful permanent residents with a qualifying relative. It is a form of relief from removal (deportation). It provides a discretionary waiver for certain misrepresentations and fraud at the time of admission.

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Abandonment of Lawful Permanent Residence

Lawful Permanent Residents (LPR’s) risk losing their LPR status when they are absent from the United States for extended periods of time and/or take certain actions while abroad. While abandonment does not present a threat to most LPR’s returning from short-term travels outside the United States, this becomes an issue when the trip that the individual has taken was longer than six months.

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Same Sex Marriage Based Petitions and Visas

Countless same-sex couples have been forced to live outside of the United States, or been separated from their partners, due to the Defense of Marriage Act’s (DOMA’S) denial of federal immigration benefits to same-sex couples . However, the Supreme Court of the United States in a historic case, United States v. Windsor , struck down DOMA and now same-sex married spouses of U.S. citizens, permanent residents and even certain foreign born persons are eligible for U.S. Immigration benefits.

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Removal of Conditions (ROC) on residence

Generally a foreign national (FN) who marries a United States Citizen (USC) and obtains their immigrant visa before they have been married 2 years will receive conditional permanent residence valid only for 2 years. Conditions on residence can be removed either jointly or by waiver of the joint filing requirement.

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How Do I Challenge My Denied Naturalization Application?

If your N-400 is denied, you should consult with an experienced Immigration Attorney to see if they can help you Appeal your case. There is a limited opportunity after your denial to appeal your denied N-400. Typically, you only get 30 days and it takes time to prepare a quality appeal. A denial of your naturalization case does not mean you can't win your Naturalization appeal.

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