Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
State Department, May 30, 2023 "Document Submission to KCC suspended for DV-2024 and onward. Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, selectees...
In this document , provided by a "veteran immigration practitioner," ICE claims that its attorneys need not be present in every case in Immigration Court. Read more at PWS's latest post ...
This document is scheduled to be published in the Federal Register on 06/01/2023 "This final rule (TFR) temporarily amends Department of State (Department) regulations to provide that Afghan nationals...
"USCIS is issuing guidance on the fraud and willful misrepresentation grounds of inadmissibility under INA 212(a)(6)(C)(i) and the corresponding waiver under INA 212(i).
This guidance, contained in Volume 8 and Volume 9 of the Policy Manual, is intended to be comprehensive and controlling and replaces the fraud and willful misrepresentation grounds of inadmissibility and waiver guidance found in Chapter 40.6.2(c)(1) of the Adjudicator’s Field Manual (AFM). All prior related policy memoranda are rescinded. The new guidance contained in the Policy Manual is controlling and supersedes any prior guidance.
Policy Highlights
Summarizes the history and purpose of the fraud and willful misrepresentation grounds of inadmissibility and corresponding waiver. Explains the distinction between fraud and willful misrepresentation and the elements required to make a finding of each. Explains the evidence needed to support a finding of fraud or willful misrepresentation and the burden of proof. Outlines the waivers available to various categories of applicants inadmissible for fraud or willful misrepresentation. Details the eligibility requirements for the waiver available to immigrants, adjustment of status applicants, and K and V visa applicants, and the process of adjudicating the waiver." - USCIS, Mar. 25, 2014, emphasis added.