Parole – The “Hail Mary” Option
Posted onThe granting of parole was recently in the news. As discussed elsewhere on this site, parole is the “last chance” after other visa options have been exhausted. A sympathetic case was the recent approval for a team of girls from Afghanistan to participate in a robotics competition in the United States. Their B visa applications had been denied twice by the US Embassy in Kabul. An outcry ensued, with the President apparently intervening. DHS then issued the special parole permission for all of the girls and their coach to enter the US to compete. More details can be found in this Washington Post story. A stranger situation revolves around the case of the Russian lawyer caught up in the election collusion scandal. Apparently, she had been denied US visas, but eventually was granted parole so that she could attend court hearings in the US on behalf of a client. The…
Read moreMyth #2: A green card = Citizenship – US Passport – Voting Right
Posted onAnother myth that we often encounter is the belief that having a green card is almost the equivalent of US citizenship. People think that with the exception of having a US passport and the right to vote, being a permanent resident confers the same rights as a US citizen. Unfortunately, that is not the case. A green card can be taken away; with very limited exception, citizenship cannot. A green card holder may be considered to have abandoned his US residence and have his green card taken away. A green card holder can have his green card taken away if he commits a crime. With the Trump Administration, this is becoming more and more of a real possibility. I was reminded of this the other day reading the story of Phillip Clay. Mr. Clay was adopted from Korea in 1983 when he was 8 years old. Because US law at…
Read moreUS Visa Revocation Campaign Intensifies
Posted onThe phone calls keep coming in to our office. From Australia, South Africa, India, Saudi Arabia, Mexico, Russia, Lebanon, all from US visa holders who have had their visas revoked without explanation. It appears that the US government has intensified its visa revocation campaign, particularly against Muslims. The problems encountered by Muslims in dealing with US immigration authorities was the topic of a recently published ACLU report about the discriminatory USCIS Controlled Application Review and Resolution Program (“CARRP”). The report highlights how USCIS misidentifies national security concerns; encourages FBI interference and harassment; mandates pretextual denials; and deprives due process of green-card holding applicants, primarily Muslim, during the naturalization process. These thousands are left in legal limbo for years. If there is one glimmer of hope, it is that these applicants at least are able to wage their battles while in the US, where lawyers, courts, and public opinion can at…
Read moreThe 221(g) Epidemic and What You Can Do About It
Posted onThe statistics are stunning. Over the past four years, more than four million visa applications have been temporarily denied under Section 221(g) of the Immigration and Nationality Act, that is to say, the Department of State collected tens of millions of dollars from visa applicants, only to put their applications on hold. Year 221(g) findings in Immigrant Visa Cases 221(g) findings in Nonimmigrant Visa Cases Total 2009 273,227 616,284 889,511 2010 286,889 694,620 981,509 2011 312,968 837,477 1,150,445 2012 303,166 806,773 1,109,939 More stunning is the wait time that thousands of visa applicants are subject to. The US Embassy in London publishes on its website a list of nonimmigrant visa cases subject to 221(g) administrative processing and the intake dates of the applications. As of October 25, 2013, the list encompasses 141 pages and thousands of applicants. 6 individuals have been waiting for four years for action on their applications. More…
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