go to top

Your Bay Area Immigration Law Firm

Call Today
408-916-1125

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.

Tags: #immigration, #immigration attorney, #immigration law, #immigration law attorney, #immigration law firm, #immigration law lawyers, #immigration lawyer, #naturalization, #naturalization attorney, #naturalization law firm, #naturalization lawyer, #power to revoke us citizenship, #Supreme Court

Trump’s Travel Ban: Who is Affected?

US Supreme CourtAfter lower courts repeatedly shot down Donald Trump’s travel ban for unfairly targeting Muslims from certain countries, the Supreme Court allowed a revised version as of Monday, June 26, 2016. The decision all but allows Trump to now boast a victory. The travel ban affects travelers from six countries that are predominantly Muslim.

The Supreme Court’s decision leaves far more questions than answers regarding Trump’s travel ban. Essentially, certain foreign nationals can be banned entry into the United States if they lack a bona fide relationship with a person or an entity in the country. It does not apply to anyone, including refugees, who have existing relationships with American citizens or entities, such as if they have family in America or a relationship with an educational institution.Read More

Tags: #immigration, #immigration law, #immigration law attorney, #immigration law firm, #immigration law lawyer, #Supreme Court, #Supreme Court Holding, #Travel Ban, #Trump's Travel Ban

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

Tags: #entrepreneur immigrant business owners, #entrepreneur immigrants, #foreign-born entrepreneur advice, #foreign-born entrepreneurs, #immigration attorney, #immigration law, #immigration speaking engagements, #Sweta Khandelwal events, #Sweta speaking, #Sweta Speaking events, #upcoming events

Federal Spending Bill and Immigration

On May 1st, 2017, it was announced that Congress would again be dodging a “government shutdown” bullet by passing a federal spending bill known as the. Often referred to as an “omnibus bill” or a “stop gap” measure, this approach funds the federal government in full until individual annual agency budgets can be determined. This most recent measure provides the federal government with an impressive one trillion dollars until the end of its current fiscal year on September 30, 2017. In addition to allotting varying amounts of money to different agencies, there are often new or changed regulations as to how these agencies will operate and spend their funds. So now that Washington is funded for the next few months, how will the agencies governing immigration and their policies be affected?Read More

Tags: #2017 Consolidated Appropriations Act, #Consolidated Appropriations Act, #federal spending, #federal spending and immigration, #federal spending bill, #immigration law, #immigration law attorney, #immigration law firm

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

Tags: #H-4 EAD, #H-4 EAD attorney, #H-4 EAD for spouses of H-1B visa holders, #H-4 EAD freeze, #H-4 EAD lawyer, #H-4 EAD litigation, #H-4 EAD rumors, #immigration attorney, #immigration law, #immigration lawyer

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

Tags: #h-1b cap, #H-1B quota for 2018, #H-1B visa, #H-1B visa attorney, #H-1B Visa lawyer, #H-1B Visas, #immigration attorney, #immigration law, #immigration lawyer

Acknowledging The Promise of Global Entrepreneurship – New Law Addresses Immigrant Start-Up Founders

On July 17th, 2017, the Department of Homeland Security (DHS) will enforce new, flexible regulation placing immigrants in a promising position to expand their commercial pursuits and showcase a diverse entrée of talent. Like recent developments in National Interest Waivers, changes in DHS policy address benefits afforded to the United States as foreign heads of start-up companies expand their services, refine and invent more signature products, and ultimately bolster U.S. prosperity as capital expenditures rise and new jobs materialize.

The benefits start-up companies offer are tremendous, and deserve favorable consideration concerning booms in employment. Each year sees the birth of approximately 500,000 businesses. Unlike larger, longstanding corporations that take a low-risk approach to capital investment, start-ups devote their resources and expertise into groundbreaking technologies and business strategy, often yielding new products and versatile services that catalyze competition and ultimately, economic growth. By welcoming immigrant start-up founders and facilitating their commercial expansion, new immigration policy not only eases socioeconomic mobility for immigrants, but also holds long-term national interests in high regard.Read More

Tags: #Entrepreneurship, #Immigrant Entrepreneurship, #Immigrant Start-Up, #Immigrant Start-Up Founders, #immigration law, #New Immigration Law, #Start-Up Founders

Travel Warning for Nationals of Certain Countries Designated by Executive Order

  • The American Immigration Council has posted a practice advisory, Challenging President Trump’s Ban on Entry, which provides information about how last Friday’s Executive Order is being implemented, offers resources and practice tips for attorneys whose clients are affected by it, and outlines legal challenges that have been filed to date.
  • DHS issued guidance on 1/29/17 stating that those individuals “traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States.” (Emphasis added.) This weekend, DHS told AILA that anyone who holds a passport from a designated country is considered as being “from” the designated country. See 1/28/17 update below.
    Read More
Tags: #Executive Immigration Order, #Executive Order, #Immigration Executive Order, #immigration law, #Immigration Travel Warning, #Travel Warning

Get Help Obtaining H-1B Visas-Deadline to file is April 1st 2017

At the Law Office of Sweta Khandelwal, we help individuals in obtaining H-1B Visas, the only work visa available for US companies to hire foreign nationals.  H-1B visas are available for positions that require at least a Bachelor’s Degree in a specific field, and are also referred to as Specialty Occupation visas.  Examples of Specialty Occupations would be Engineers, Doctors, Lawyers, Scientists, etc. Our H-1B Visa attorney, in conjunction with the U.S employer, can help structure an immigration strategy, that will use H-1B and H-1B1 temporary work visas as part of an ongoing process that may eventually lead to permanent legal residency for foreign nationals. Read More

Tags: #employment based residency, #H-1B visa, #H-1B Visa lawyer, #H-1B Visas, #H-1B Visas attorney, #H-1B Visas lawyer, #immigration law, #immigration law attorney, #immigration law lawyer, #Specialty Occupation visa attorney, #Specialty Occupation visa lawyer, #Specialty Occupation visas attorney, #Specialty Occupation visas lawyer

Changes to National Interest Waivers

There are a many different opinions when it comes to immigration and immigration laws. However, most people believe that someone who benefits the interest of the United States should be allowed to immigrate to the country. Current immigration laws include paths for immigration through national interest waivers, but this path has been somewhat narrow and often leads to disappointment.

In December of 2016 the Administrative Appeals Office made a decision in the case, “Matter of Dhanasar.” This decision has broadened the path for many individuals as it establishes a new standard for assessing if and when a person’s immigration status is for the national interest.Read More

Tags: #immigration law, #immigration national interest waivers, #immigration waivers, #national interest, #national interest waiver, #national interest waivers




captcha

Web Analytics