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Trump Administration Attacks Immigration Policy

It’s no secret that the Trump administration has been cracking down on immigration, but some may be surprised at the extra hoops being added to the legal immigration policy. The paperwork for legal immigration is being doubled, tripled, or even more. Worse, the new forms and documents have incredibly vague yet complex questions.

Since January, the agency that reviews and processes immigrants’ applications, United States Citizenship and Immigration Services (USCIS), has lengthened 15 applications. This includes paperwork that is required to be completed by US Citizens. In total, the forms have gone from 72 pages to 162. The instructions of the respective forms have increased from 114 pages to 215. All in, that’s a whopping 191 pages of additional paperwork added in less than a year.

USCIS has no qualms over the paperwork.  It is their position that the same amount of time will be needed complete the new forms as compared to the old.  This includes the I-485 form, which is the form that allows an immigrant to adjust their status from a temporary to permanent resident, which increased from 6 to 18 pages. The instructions for the form went from 8 to an incredible 42 pages. Yet, the agency insists that immigrants will still be able to finish the new application in the same exact amount of time as the shorter versions. This, by itself, speaks to their attitude and approach towards immigration and immigrants.

While potential citizens are more than willing to undergo additional paperwork, many don’t have the money to hire an attorney. From asking vague questions that could apply to simple traffic tickets to full out arrest, to probing into your political preferences, these new questions are both vague and unnecessary.

While this may seem like just extreme and vague vetting, it’s more than that. If an answer is not answered precisely and correctly, it can be considered as “misrepresentation”, which will mean that the application can be denied, and/or the immigrant subject to deportation. This is just a sly way to avoid having to propose new legislation and achieve the same goal: severely limiting the number of new immigrants to the US.

Under the Trump administration, hiring a great immigration law attorney is the difference between being able to stay legally in the US, and being asked to leave.  

Sweta Khandelwal is located in San Jose, CA, and she has helped many deserving immigrants achieve their goal of becoming US residents/citizens. Contact the the Law Office of Sweta Khandelwal today.

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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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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.”

Tags: #hire American, #hire american executive order, #immigration attorney, #immigration attorneys, #immigration law firm, #immigration lawyer, #immigration lawyers

Our New Immigration Videos

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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

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

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




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