Monthly Archives: September 2009

Self Sponsored H-1B

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Some decisions and cases support that a corporation even if it is owned and operated by a single person may hire that same individual in an H-1B capacity. This is based on the concept that the corporation is a separate legal entity fron its owner. However, self-sponsored H-1Bs are subject to careful review. The parties have to prove existence of a bona fide employer and employee relationship.

Surviving Spouses of U.S. Citizens May Qualify for Deferred Action

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USCIS issed guidance on requesting deferred action for surviving spouse of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from their U.S. citizen spouse at the time of that spouse’s death; did not remary; and areContinue Reading

Firearm Offenses, Deportation & Inadmission

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Certain firearm offenses will result in deportation. INA Section 237(a)(2)(C) states that “any alien who at any time after admission is convicted under law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon,Continue Reading

Good Moral Character

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Person applying for citizenship must show good moral character for 5 years (or for a spouse of a United States citizen, 3 years, or for person in the military, 1 year) prior to filing and up to the time of admission. For example, a person convicted of a crime of moral turpitude, multiple crimes orContinue Reading