Immigration Short Cuts

(Hai Nguyen, Esq. August 7, 2016)

Those that have the misfortune of dealing with the U.S. immigration system know that it is a slow process. Backlogs at the U.S. Citizenship and Immigration Services (USCIS) have caused severe delays for many visa applicants.  It is not uncommon for people to wait years before they are able to reunite with their family members.  Such delays have motivated people to come up with creative and risky ways to circumvent the immigration system.

Traditionally student (F-1) and visitor (B-2) visas have been utilized to bring relatives facing long delays into the country.    While this has worked for some, others have quickly realized that the risk was not worth the reward.  Both F-1 and B-2 are nonimmigrant visas that require the recipient to demonstrate that he or she intends to return to their country upon the expiration of their stay.  Failing to leave may result in allegations of visa fraud when applying for a green card.

In accordance with INA 212(a)(6)(c)(i), people who obtain their visa by fraud are ineligible to adjust status (get their green card).  A visa fraud determination does not only affect the current petition.  It may be grounds to prevent all future petitions.

If you are faced with an allegation of fraud, speak to immigration attorney, Hai Nguyen.


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