Posts tagged with: "212"
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16 Jan 2012, 8:55 am by Jonathan D. Montag
An amazing thing about immigration law is that hot topics can be issues that have been festering for years and one would imagine would have been resolved by now. For example, the Supreme Court recently decided a case, Judulang v. Holder, a very important decision about 212(c), a relief statute that disappeared fifteen years ago [...] [read post]
30 Sep 2013, 7:34 am by Brian D. Lerner
Tagged: 212, Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, deportation order, i-212, i212, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, permission to re-enter, Permission to Reenter, ptr [read post]
QUESTION: I am a US citizen and I filed an I-130 for my husband which was approved. My husband went to Cidad Juarez, Mexico for the visa interview. He was denied the visa and told he has to stay in Mexico for 10 years before he can reapply. Can we do anything? stamps (Photo credit: Joelk75) THE IMMIGRATION ANSWER MAN – ARI SAUER: A foreign national who enters the US without inspection or who enters on a visa and overstays their expiration date on their I-94 entry document may fall into a… [read post]
30 Sep 2013, 7:32 am by Brian D. Lerner
I was deported. Now what? Question: I was previously deported and want to come back to the United States. Can you let me know what I can do? I heard I have to do a Waiver for the crime and Consulate Processing through my wife. Is there anything else? Answer: Since you have mentioned you are doing the Waiver and the Consulate Processing, I will concentrate on what must be done that you are missing. It is called a Permission to Reapply and is necessary because of your deportation order. Question: OK,… [read post]
4 Sep 2010, 1:20 pm by Immigration Lawyer Peter Messersmith
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… [read post]
31 Oct 2010, 9:10 am by Immigration Lawyer Peter Messersmith
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… [read post]
25 May 2011, 6:44 am by Sarah E. Murphy, Esq.
Your website author has co-authored a chapter regarding Canadians, non-immigrant waivers, and border issues in a recent publication.  Available online at: http://www.ailapubs.org/waiversbook.html   [read post]
25 Dec 2010, 7:35 pm by Jonathan D. Montag
A few times I have written about what appeared to me to be an Immigration and Customs Enforcement policy of taking aliens out of the United States without the aliens availing themselves of their right to see an immigration judge by providing false information about the consequences staying and fighting a case as opposed to [...] [read post]
8 Jan 2012, 7:13 am by Jonathan D. Montag
In the jargon-rich world of immigration law, an important new phrase came out of amendments to the immigration law in 1996, the 3 and 10 year bars. What these bars say is that if a person accrues more than180 days of unlawful presence in the United States and departs he or she cannot return to [...] [read post]
20 May 2012, 4:43 pm by Jonathan D. Montag
While immigration is often in the news, the nitty gritty of immigration law, which I write about in this blog, is not. Now, the nitty gritty is in the news with the raging debate about VAWA (Violence Against Women Act). The Republican House of Representatives seeks to modify the current version of VAWA, or the [...]The post Foreign VAWA beneficiaries and special treatment. appeared first on Montag Law. [read post]
8 Aug 2011, 4:37 am by Chris Gafner
TweetRecently, INA 212(e) waiver statistics were released by the Department of State.  The INA 212(e) waiver is required for individuals in J visa status who are subject to the two-year home country requirement.  Waivers can be gained due to a variety of reasons, including receiving a no objection statement, exceptional hardship, persecution, and government agency “sponsorship.”  Here are the statistics: Waiver Bases Favorable Unfavorable Total No Objection… [read post]
25 Dec 2011, 7:48 am by Jonathan D. Montag
British actor, comic, author, singer, et al., Russell Brand, who is also the husband of Katy Perry, has suffered eleven arrests according to media reports, I can find no information about the final disposition of these arrests, i.e., what he was actually convicted of. Media reports include two arrests for shoplifting and several marijuana arrests, including [...] [read post]
30 Mar 2010, 7:22 am by Sarah E. Murphy, Esq.
QUESTIONS: I would like to know if you can help me.  I have an expedited removal from 2000 that was issued at the Cleveland Airport.  I was charged with fraud/misrepresentation under 212(a)(6)(C)(i) of the Act.  I was later told by the U.S. Embassy that I have a permanent bar.   I am in Bangladesh.  If I apply for a waiver, do I need to come to Canada to have my fingerprints taken?  Can my fingerprints be taken while a request to vacate the expedited removal is pending?  What are the CBP… [read post]
24 Jan 2011, 3:10 pm by Sarah E. Murphy, Esq.
Our office received notice over the weekend of approval of a client’s Forms I-192 & I-212 waiver applications, which were submitted at the Edmonton Airport only four (4) months ago.  This was our client’s first time applying for U.S. waivers.  Our client, a native of Pakistan and citizen of Canada, required these waivers in order to overcome a period of five (5) years unlawful presence in the U.S. and a previous order of removal from the U.S.  He entered the U.S. illegally over 10 years ago… [read post]
20 May 2010, 2:02 pm by Sarah E. Murphy, Esq.
QUESTION: I was ordered expedited removed upon entering the US on a B1B2 visa in February 2006 with the following notations: 235(b)(1), 212(a)(6)(C)(i), 212(a)(7)(A)(i)(I).  I was found with a backdated stamp on my passport and was held at the LAX airport.  Upon interrogation, I honesty admitted my fault and was given a 5 year ban from entering the US. I was told by one lawyer that the 212(a)(6)(C)(i) meant a lifetime ban.  I was researching this when I came across an article about the 212(d)(3)… [read post]
19 Nov 2010, 6:00 am by Keith Paul Bishop
In 2003, the Securities and Exchange Commission began requiring companies to disclose “any specific, minimum qualifications that the nominating committee believes must be met by a nominating committee-recommended nominee for a position on the company’s board of directors, and a description of any specific qualities or skills that the nominating committee believes are necessary for one or more of the company’s directors to possess”.  See SEC Release 33-8340 and Item 407(c)(2)(v) of… [read post]
17 May 2012, 2:27 pm by Sarah E. Murphy, Esq.
QUESTION: My brother is a U.S. citizen.  He is married and lives in Texas.  His wife lives in Mexico.  Eight years ago his wife presented herself as a U.S. citizen.  She was caught and given an expedited removal and five year bar. She has stayed in Mexico for the past eight years and has two children with my brother.vShe graduated from college in Mexico as a surgical techncian. I want to know if there is any way she can obtain any kind of visa so she can bring my niece and nephew to visit their… [read post]
5 Apr 2012, 11:06 am by Sarah E. Murphy, Esq.
QUESTION: I'm from Canada but studying in Mexico.  Living on the border city, I have been crossing once every 2 weeks  to visit my mom (naturalized US citizen), my church, friends and working on some video projects for the school.  Last time I crossed with my car they arrested me and issued me an order of expedited removal and deported me to Canada because they believe I was working in the US. Now I can't enter the US for the next 5 years. I believe my only options to reenter before 5 years is… [read post]
19 Aug 2011, 12:40 pm by Sarah E. Murphy, Esq.
QUESTION: I was removed in 2006 with a 10 year bar for unlawful presence.  I also filed an I-130 on April 27, 2001 and therefore made the cut-off date to qualify for adjustment of status under INA § 245(i).  My I-130 has been approved (August 2003).  I am in the fourth preference category – brother/sister of U.S. citizen.  It looks as though my priority date will be current in September 2012 based on the current visa bulletin.   I do not have any criminal history anywhere in the world. … [read post]
15 Mar 2010, 8:17 am by Sarah E. Murphy, Esq.
QUESTION:  I am writing in behalf of a friend of mine (Italian) living in Italy that is confused about the process of filing a Form I-212.  The fact is that she was refused admission to the United States back in January 2008 at the Newark Airport because she had previously overstayed a tourist visa in 2006-2007.  The reason that was given for her refusal and written on her passport was: "Inadmissible under section 212(a)(7)(A)(i)(I)."   Do you believe that it will be possible to file a Form… [read post]