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- Permissible Activities While on B2 Status
The B2 nonimmigrant visa classification is if for temporary visitors for pleasure. There are limited activities in which a B2 nonimmigrant may engage in while on B2 status without violating status. In this article, we will review permissible and impermissible activities while on B2 status.
- Inadmissible Admission
In order to be “admitted” into the United States as the term is defined in section 101(a)(13)(A) of the Immigration and Nationality Act (INA), an alien must make a lawful entry into the United States “after inspection or authorization by an immigration officer.”
- Waivers for Fraud or Misrepresentation
Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who is found to have procured or to have sought to procured a benefit under the INA through fraud or willful misrepresentation of a material fact is inadmissible for life. However, under section 212(i) of the INA, there are limited waivers available from this very serious inadmissibility ground.
- U Visa Law Enforcement Certification
The U nonimmigrant visa category is for certain victims of particularly serious crimes who cooperate with law enforcement in the investigation or prosecution of the criminal activity. In order to be eligible for a U visa, the applicant must obtain what is called “law enforcement certification” on the Form I-918, Supplement B.
- "Parole In Place" for Family Members of U.S. Military Service Members and Former U.S. Military Service Members
The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called “parole in place.”
- Rules for Using a TPS-Related EAD While Holding a Valid Non-Immigrant Status
An alien who is granted temporary protected status (TPS) may obtain an Employment Authorization Document (EAD) along with TPS. Furthermore, he or she may maintain a valid nonimmigrant status along with TPS. Certain non-immigrant statuses limit or outright prohibit the employment that the non-immigrant may engage in while on status.
- Modular Container Systems and the “Totality of the Circumstances" Test
When seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny:
- The Selective Service Requirement and Immigration
Male U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that registration occur within 30 days of the person’s eighteenth birthday, but late registrations are accepted prior to the person turning 26 years of age.
- E2 Treaty Investors Visa
The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is available for investors and for employees of E2 treaty investors or companies that, by virtue of their ownership and operations in the United States, can qualify as E2 petitioners. This article will provide a brief overview of the E2 visa category.
- Reinstatement of Removal
The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order. If an alien is subject to summary removal, he or she will not be entitled to a hearing before an immigration judge. Depending on the situation, there may be limited forms of relief available to the alien from reinstatement of removal.