USCIS sent out an email regarding the Biden Administrations recent executive action to allow the spouses of US citizens who have been living in the US for ten years and who entered without inspection to get parole in place in order to become eligible for adjustment of status allowing them to bypass the need of … Read more
The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception … Read more
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US. … Read more
The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Eligibility for the petty offense exception. Only one CIMT, Punishment under 6 months. Max term of imprisonment under one year.
Inadmissible and deportable for making a false claim to U.S. citizenship. INA § 212(a)(6)(C)(ii); INA §237(a)(3)(D). A person who falsely represents or has falsely represented themselves to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law is inadmissible anddeportable Therefore, as written, DHS could apply these … Read more
WHAT IS SECTION 245(I) OF THE IMMIGRATION AND NATIONALITY ACT? Section 245(i) of the Immigration and Nationality Act (INA) allows certain noncitizens physically present in the United States to adjust status to a lawful permanent resident despite being ineligible to adjust status under INA 245(a) because they entered the United States without inspection, violated their nonimmigrant … Read more