COVID-19, Extensions of Status, and Section 222(g) of the Immigration and Nationality Act

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With the raging of the pandemic, cancelled flights, and travel restrictions, thousands of visitors have been stranded in the United States.  While some legal relief has been provided for delayed departures for those who entered without visas under the Visa Waiver Program, very little has been discussed about those who entered the US with visas and have been unable to leave within the allotted time frame. As a reminder, holders of B-1 and B-2 visas are usually granted 6 months of authorized stay when they arrive in the US.  If a person overstays this authorized time frame, the visa becomes void under Section 222(g) of the Immigration and Nationality Act. What this means is that even if the visa itself has validity time remaining, it nevertheless becomes null and cannot be used. For example, if in June 2019 a B visa was issued for 10 years through June 2029, and…

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FAQ on New Public Charge Rules – Part 1: Trouble ahead for Older Immigrants, Diversity Lottery Winners, and Immigrants without Job Offers, English Skills, or University Education

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What are the new Public Charge Rules? Section 212(a)(4) of the Immigration and Nationality Act makes inadmissible immigrants who are “likely at any time to become a public charge”.  Practically speaking, in the past, if the sponsor in the United States had sufficient income (more than the poverty level) or assets, then the immigrant successfully received the visa or adjusted status. Now, the focus will be on the immigrant him or herself. The examiner will consider the personal circumstances of the immigrant: is it likely that he or she will become a public charge at any time in the future?  The circumstances to be reviewed include age, health, family size, financial resources, education and skills, and sponsor.  In short, this rule will adversely impact the elderly or soon-to-be-retired; those with medical conditions; the less educated; those with large families; those with few job prospects in the United States; those who…

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Visa Competence, Consultations, and Consequences

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The story was not unusual.  Ekaterina arrived in the US on a B-1 visa. She became acquainted with an incompetent lawyer, one who did not charge for an initial consultation.  The lawyer, more interested in making a sale because he could not live on free consultations, told her that she could qualify for L-1 status.  They then signed a legal services agreement and Ekaterina made a substantial payment. The lawyer and Ekaterina began preparing to file the L-1 petition. The lawyer opened an American company; Ekaterina opened a corporate bank account and placed funds on the account; and on behalf of the company, Ekaterina leased an office, paying rent for three months in advance.  After this, the lawyer filed the L-1 petition for her to change her status. After USCIS sent a Request for Evidence, the lawyer prepared a response.  Unfortunately for Ekaterina, the response was inadequate, and USCIS denied…

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