Waivers of Misrepresentation under the Immigration and Naturalization Act

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…

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Fifth Circuit Rules that VAWA Does Not Trump K-1 Bar

The Fifth Circuit ruled last week that the approval of a VAWA petition does not trump the K visa bar. Le v. US Atty Gen. Under the Act, a person who enters the United States as a fiancé may not adjust her status except through marriage to the Petitioner. Le came the United States pursuant to…

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Motions to Reopen Removal Proceedings Under Vartelas

Congress passed an overhaul of immigration law in 1996. These changes became known as IIRIRA, short for the Illegal Immigration Reform and Immigration Reform Act of 1996. One of the most important changes in that law was the changes in relief available for lawful permanent residents. One of the most prevalent forms of relief before…

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