I have represented several individuals, both before the Service and immigration courts, who were inadmissible for a material misrepresentation under the Immigration and Naturalization Act (INA). The typical problem involves a situation where a person was applying for a visitor’s visa, says that he/she is married when she is not, and now is applying for permanent residence based on a marriage petition. During the adjustment of status interview, the misrepresentation is discovered and the application is denied or put on hold to allow the client to apply for a waiver. In some cases the client is even placed in removal proceedings after the application is denied under Section 237(a)(1)(A) of the Act.
The good thing about these charges, if you were before the Service, is that you can apply for a waiver of the ground of inadmissibility under INA 212(i). The waiver allows the Attorney General to waive the ground of inadmissibility if the alien’s removal would lead to extreme hardship to the alien’s US citizen child or spouse. In the case of a VAWA applicant, the immigrant would qualify for the waiver if the removal would lead to personal hardship.
I have represented several clients in removal proceedings who were placed there for one reason or another. The government bears the burden of proving removability in removal proceedings. The immigrant’s chances of success in both instances depend on the availability of a qualifying relative to show hardship and the evidence that the Service possesses to prove the misrepresentation. I have always tell people, these are very complicated cases and no one should attempt to apply on their own (without an attorney).
The Eb-5 program has been getting renewed attention lately. Congress has been trying to reform the program specifically to counter the alleged fraud that has plagued the program since 1990. One thing remains true however, there is an influx of interest by Chinese and South American investors who are shelling hundreds of thousands of dollars for a chance to attain the American dream. The EB-5 program allows foreign investors who invest at least $500,000 ($1,000,000 in most areas) in a “new business to receive permanent residence in the United States. The amount of investment depends on the location of the investment. The lower amount is for investments in Targeted Employment areas, or areas where unemployment is 150% of the national unemployment number. The $1,000,000 investment requirement is for areas where unemployment is less than 150%. EB-5 investments could be in what is called a stand-alone investment, or through a regional center. A stand-alone investment is one where the investor invests his money into his own business and tries to meet all the program’s requirements through that company. A regional center investment is an investment where the investor invests his money into a pre-approved investment center, with limited control over the investment. As of today, there are 480 regional centers. You can access the regional center list by visiting this link. The EB-5 program is not for everyone. It is important to consult with an immigration attorney before taking on this endeavor. Please feel free to leave me a comment through the form below, add me on twitter, Linkedin and Google Plus. [contact-form-7 404 "Not Found"]