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How to Know If a J-1 Exchange Visitor Is Subject to the Two-Year Foreign Residence Requirement

Posted on Aug 24th, 2017
One misconception about the J-1 exchange-visitor visa or status is that it always comes with a two-year foreign residence requirement. Immigration law INA section 212(e) does place a two-year foreign residence requirement on exchange visitors; however, it places the requirement on some, not all, such visitors. The foreign residence requirement is heavy one. Any J-1 exchange visitor subject to the requirement is ineligible for permanent residence or H or L visas/statuses, until the former exchange visitor resides for two years,…… Read More »

July 2017 Decision from the 2nd Circuit: Why Even Permanent Residents Should Consult an Attorney Before Travelling Abroad

Posted on Aug 23rd, 2017
Heredia v. Sessions, a recent case (decided on July 27, 2017), reveals why it is important to consult with an attorney before crucial actions. Frequently, at Fintus, we hear from individuals who decided that they would handle their immigration case on their own. A lot of these people made this decision before even having a consultation. Many of them decided to avoid the consultation, because they wanted to avoid a few-hundred-dollar consultation fee that law firms might charge. At Fintus,…… Read More »

Get a Maryland Driver’s License, Regardless of Immigration Status

Posted on Aug 19th, 2017
Regardless of an immigrant's legal status in the US, an immigrant may receive a driver's license from the state of Maryland. This is a big deal because driving without a license presents a lot of risks and living without the ability to drive is something that many immigrants are unwilling to do. The paths to getting a driver's license differ based on legal status in the US. Also, the kind of driver's license one may receive differs based on legal…… Read More »

Immigration Violators Who Are Inadmissible

Posted on Aug 19th, 2017
If you hope to get an immigrant visa at a consulate abroad or you hope to get a green card from within the US, or you want to know whether immigration officials can actually deport you, it is important for you to know the basics about removability grounds. In this post, we will look at who is inadmissible because they are an immigration violator (as opposed to those who are inadmissible because they have committed crimes, or those who are…… Read More »

Effect of a Prior Sham Marriage on Future Marriages

Posted on Jul 20th, 2017
Marriage fraud can have a number of bad consequences on the immigrant who intends to benefit from it. Anyone who is thinking about engaging in marriage fraud or has entered a marriage which may appear to be fraudulent to a USCIS adjudicator should, at the very least, consult with an immigration attorney. However, the truth is that many people will get away with marriage fraud. Many immigrants will receive a Green Card, receive citizenship, and go on to live happily…… Read More »

Which Existing Employees Are Subject to I-9 Verification Procedures?

Posted on Jul 19th, 2017
Employers generally know that the I-9 is an important form, and an employer running a serious business knows that, generally, the employer needs to have a new hire complete the I-9 form. However, in many instances, it is not necessary for a new hire to complete the I-9. In some instances, it would actually be more prudent, from the employer's perspective, for a new hire not to complete the I-9 form. There can be some complex considerations  surrounding how to deal with an…… Read More »

Measuring the One-Year Deadline for Asylum

Posted on Jul 19th, 2017
Measuring the one-year deadline is critically important for people who want to apply for asylum. The general rule about the one-year deadline is easy to state: apply for asylum before one year from the date of your most recent arrival. The general rule is easy to state, but the exceptions to the rule and how they apply are not simple. Whether it makes sense to submit an application without certain "required" things is not so easy to state is also…… Read More »

Substantial Investment for E-2 Visas May Not Be as Big as You Think

Posted on Jul 5th, 2017
Much of the attention in the media on employment-based visas seems to be directed at the H-1B software engineers, with a smattering of attention focused on those who get Green Cards through the EB-5 program. For this reason, it would be understandable if the owners of a small business did not know that E-2 non-immigrant visas are available and are often used by owners of small businesses, including restaurants. E-2 visas suffer from obscurity, compared with H-1B and the EB-5…… Read More »

What is “Expedited Removal”?

Posted on Jul 4th, 2017
Expedited Removal is a process that immigration officials use to deport immigrants who have entered the US illegally or who attempt to enter the US without the necessary documents (e.g., a passport, a visa, a border crossing card, etc.). As the name "expedited removal" suggests, the deportation will probably occur very quickly. While many non-expedited removals require a number of years as they work their way through immigration courts and appellate reviews, expedited removals take much less time. Expedited removal…… Read More »

Tell Immigration Officials You Have Changed Your Address

Posted on Jul 1st, 2017
It is important to tell the government if and when you change your address. However, some people view this requirement as something that does not need to be strictly complied with. Perhaps the law requires an address change, but there are a lot of things the law “requires,” the thought process goes. This thought process sometimes results in unfortunate consequences. Sometimes, a failure to properly make an address change leads to the denial of some request for an immigration benefit,…… Read More »
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