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Power to Revoke US Citizenship Limited by Supreme Court

In Maslenjak v. United States, the Justices of the Supreme Court unanimously rejected the contention that the government could revoke the naturalization of an individual that made a minor misstatement at their naturalization interview or their  N-400 application.

The lawyer for the government argued that something as minor as failing to disclose a traffic ticket would be adequate grounds for revoking an individual’s naturalization years after it had been granted. Not one of the Justices agreed with the lawyer’s argument. The court held that there must be a connection between an illegal act and the individual’s eligibility to become a naturalized US citizen. Further, the court ruled that the misstatement must have affected the government’s decision had the government had knowledge of the misstated information at the time of the misstatement.

In the case in front of the court, Ms. Maslenjak was admitted to the United States as a refugee after falsifying information about her husband’s service in the Bosnian Serb military. The misstatement was repeated on her N-400 application. The government moved to denaturalize her and the jury was improperly instructed by the Judge that any misrepresentation, no matter how insignificant, was adequate grounds for revoking Ms. Maslenjak’s citizenship. The Supreme Court held that the Judge erred and remanded the case to the lower courts to consider if the US government may try her using the stricter standard.

If you believe that you have a unique situation that may impair your ability to Naturalize, contact our office.  A Naturalization is not a simple process and involves more that filling the form.  We would love to assist you.

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Our New Immigration Videos

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Buy American, Hire American: President Trumps’ Executive Order


Sweta Khandelwal, U.S. Immigration Attorney at The Law Offices of Sweta Khandelwal, speaks about President Donal Trumps’ Executive Order “Buy American, Hire American.”

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What Entrepreneurs Need to Know for Themselves & Their Employees

Access Silicon Valley
Wednesday, June 14, 2017 from 6:00 PM to 8:30 PM (PDT)
Palo Alto, CA

READ THE FULL DETAILS AND PURCHASE YOUR TICKET, HERE

This workshop is open to startup founders, startup executives, entrepreneurs, innovators, designers and developers.Read More

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“Hire American” Executive Proposal “Full of Sound and Fury”

With Trump’s new “Buy American and Hire American” executive order comes concern across the nation from those who would potentially be affected by it. However, is there any real cause for concern from this latest executive order?

Trump’s “Buy American and Hire American” executive order is the administration’s latest efforts at attempting to reform the H-1B program, a program that allows high-skilled non-immigrants to come to America from other countries to work. This is a temporary work visa, with workers being able file for renewal or extension to continue working in America. Fitting with Trump’s overall campaign and administrative theme of “America First”, this new executive order may sound scary to those that it would have the greatest impact on- high-skilled workers employed by US Companies across the country, especially in high-tech. However, what effects will this actually have on H-1B holders?

In actuality, this “Buy American and Hire American” proposal can be looked at as a microcosm of Trump’s entire presidency thus far- “full of sound and fury, signifying nothing”. Though it may sound like drastic measures from an administration that apparently lives by drastic measure, in reality these proposals are modest and bring no real change on their own.Read More

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Rumors Concerning The H-4 EAD for Spouses of H-1B Visa Holders

courthouse-There are rumors about the H-4 EAD for spouses of H-1B visa holders and they are not entirely accurate. There is a freeze on judgments for the visas while there is a lawsuit in court over the legality of the stance. The government is fighting back against the lawsuit, and H-4 EAD for spouses cannot be approved while the court rules on it. This article explains why the myth is concerning for those coming to America, and it may frighten anyone who is already in the country.

#1: The Freeze Stops Everything

The freeze stops nearly everything in the system related to the processing of H-4 EAD visas, and anyone who is looking for an H-4 EAD visa cannot begin the process. Anyone who is already in the system will find they must wait for the judgment to come down on the case. They will wait while the visa is suspended, and they may call the government for help staying in the process while they are waiting. There are many people who may believe they cannot apply again and there are more who are afraid their applications will be kicked out of the system. The simple fact is that the government is only on hold while the court case is pending.Read More

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H-1B Quota for 2018

The H-1B is a type of non-immigrant visa foreign workers can receive through the U.S. Immigration and Nationality Act. The H-1B visa allows U.S. employers to provide temporary workers with jobs in specialty occupations. Under this visa program, if the worker is fired or quits they must either find a new job, apply to change their immigration status or leave the United States.

According to the regulations governing this visa program a “specialty occupation” is a job requiring the application of highly specialized knowledge for which a bachelor’s degree or some equivalent level of training and certification is required. The H-1B visa is commonly used to hire foreign nationals to work in accounting, architecture, biotechnology, business specialties, chemistry, engineering, health, law, mathematics, medicine, physical and social sciences, theology, and the arts. Fashion models “of distinguished merit and ability” may also receive H-1B visas.Read More

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National Interest Waivers – An Exciting Development

Donald Trump’s presidential win brought great uncertainty concerning the flow of immigration. Given that areas such as Silicon Valley brim with technological talent brought by industrious individuals outside the United States, Trump’s pending presidency prompts discussion regarding rigid immigration restrictions and its detriment to including talented, well-educated immigrants in our country’s workforce. However, in late 2016, U.S. Citizenship and Immigration Services (USCIS) paved an increasingly accommodating path for talented immigrants to independently apply for National Interest Waivers (NIWs).Read More

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Obtaining a Fiancee Visa

Picture of a Fiance VisaOnline dating is big business. It has become more common and socially acceptable to meet someone online and fall in love. What happens when this happens with somebody who lives in another country? First, it is a good idea to get to know each other better. You should also meet the person before making plans to marry them. After you meet them you may reach the point of wanting to spend the rest of your life together. If this happens and you decide you want to live together here in the United States there are a few legal issues that arise. Your partner will need to be legally authorized to enter the United States. This can become a reality by obtaining a Fiancee Visa.Read More

Tags: #fiancee visa, #immigration attorney, #immigration law, #immigration lawyer, #k-1 visa

H-1B Visa General Cap 65,000 For 2016

H-1B Visa PassportFor the 2016 fiscal year, U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B general-cap would be 65,000. This means that only 65,000 applicants for a general H-1B nonimmigrant visa would be accepted for this fiscal year through the computer-generated random selection process, or lottery. For those not selected for an H-1B visa, the USCIS will reject and return all unselected petitions with their filing fees.

What do you do if you were not selected for H-1B lottery?

If you have not been selected for H-1B lottery, there are some alternative visa options available to work in the US. There are:

TN Visa

A TN visa is available to citizens of Mexico or Canada. A TN Visa holds some similar attributes to that of an H-1B Visa in that the TN Visa holder may work for up to three years at a time. A unique feature that differentiates a TN Visa from an H-1B Visa is that a TN Visa may be renewed indefinitely.Read More

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