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06 Nov 2024

Years ago, when I applied for an H1B visa stamp, I was assisted by a consultant who told me to submit a fake diploma to better meet the visa requirements. As a result, my visa was denied due to misrepresentation. The consular officer explained that it is a permanent inadmissibility ban unless it is waived. I am a citizen of Canada now and I would like to come to the U.S. for a conference. How do I apply for a nonimmigrant waiver?

Answer Ordinarily, a foreign national who is found inadmissible should apply for a nonimmigrant waiver when applying for a visa "stamp" at the consulate. Canadian citizens, however, are generally visa exempt. So, you likely can apply for your nonimmigrant waiver through U.S. Customs and Border Protection...

06:39 / Consulates / FAQs / For Individuals / Homeland Security / Visitor
04 Nov 2024

MurthyAudio: Status Violations and NPT Requests

Late-filed petitions and applications and nunc pro tunc relief are topics discussed for you by Murthy Law Firm attorneys in this podcast. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.           ...

16:06 / MurthyAudio
31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

17:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
30 Oct 2024

I am a student in F-1 status. I received an eMail from the U.S. consulate that issued my F-1 visa stamp saying that my visa was revoked. Am I out of status now? Do I need to take any action?

Answer A revocation of a visa "stamp" does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may still...

10:18 / FAQs / For Individuals / Student / Travel
24 Oct 2024

Temporary Initiatives for Lebanese Nationals

On 18.Oct.2024, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register offering more specifics on the implementation of the Biden Administration’s directive that authorized deferred enforced departure (DED) for 18 months for eligible Lebanese nationals. Effective 26.Jul.2024, Lebanese nationals covered...

10:11 / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / USCIS News / Worker
23 Oct 2024

Years ago, I did something foolish and was found inadmissible based on fraud / misrepresentation by CBP. I applied for a new visa and a waiver at the consulate, which was approved, and I returned to the U.S. to resume employment on H1B. I have been in the U.S. ever since. My priority date is now current for my employment-based green card case. Since I already had a waiver approved, can I file my I-485?

Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...

10:49 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker