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E Visas and Dual Intent

Unlike Ls and Hs, there is no specific statutory recognition of dual intent for E visa holders. Compare INA§214(h) with INA 101(a)(15)(e), n.b. 8 CFR§214.2(h)(16) and 8 CFR§214.2(l)(16). Still, there is longstanding recognition that E visas are different from other visa categories. As with A and G visas, adjustment of status from an E visa requires filing an I-508 waiver […]

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Marriage and Living in Marital Union Requirements for Naturalization

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA). Background In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be […]

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Allegations of Fraud at the Adjustment of Status Phase for Asylee

In recent months, there have been reports that USCIS has requested waivers of inadmissibility from asylee adjustment of status applicants based on alleged fraud relating to the asylees’ initial arrival to the United States. Allegations of Fraud or Material Misrepresentation Recently, there have been reports of USCIS issuing RFEs or otherwise raising inadmissibility under INA […]

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U.S. citizens applying for green cards for noncitizen spouses see growing waits

More and more couples applying for a green card through their marriage are experiencing a longer wait period for their Green Card interview. Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers. Among those […]

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Update on FAM Changes to Public Charge

In January 2018, the Department of State revised the public charge provisions of the Foreign Affairs Manual (FAM). Most significantly, 9 FAM 302.8-2(B), which previously stated that “[a] properly filed, non-fraudulent Form I-864 [Affidavit of Support] … should normally be considered to meet the INA 212(a)(4) requirements and satisfy the totality of the circumstances analysis,” […]

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