General Nonimmigrant Visa

H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

Question details

1. Have you taken cases of H1B or GC fraud or misrepresentation?

2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?

3. Can we fight back in court to justify our case and win against USCIS?

 

Video URL
FAQ Transcript

Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.

Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

Question details

If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?

Video URL
FAQ Transcript

No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.

Recording for May 04, 2023 Conference Call with Rajiv S. Khanna

Immigration Law

FAQs

- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

.......................................................................

Recording for April 20, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident

Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India

Question details

My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?

 

Video URL
FAQ Transcript

She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.

 

Rajiv's Comments in the News - US H-1B visa: Ways to improve your chances with lottery process

Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…

Quotes and Excerpts from Rajiv in the article:

Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.