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P.O.Box 130026 Roseville
MN 55113 USA

Wednesday 22nd of February 2012 03:06:17 PM

Ugandan Community in Minnesota

Immigration Update


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This message is brought to you courtesy of:
Christine Nsajja
A&N IMMIGRATION LAW, LLP.
Phone: 763-607-9086
Fax: 952-886-7501
email: cnsajja@animmigrationlaw.com




Inconsistent Conduct After Entry in the United States As Visitor

A B1/B2 are the commonest types of visas that most Africans apply for in order to enter the United States. These visas are typically for business or pleasure. Part of what you have to prove when asking for a these visas is your intention to return to your home
country after the intended visit within the time prescribed. When the visa is granted it's for a temporary period of stay in Unites States.

Many times, a Foreign National (FN) overstays the time prescribed on their visa stamp or simply tries to adjust to another kind of status while here in the United States. This a violation of the terms on the visa application and may have serious consequences including being found ineligible and hence inadmissible into the United States if they file another application.

For example:

  • If a FN violates his or her nonimmigrant status within 30 days of entry into the United States, it is presumed that the applicant misrepresented his or her intention in seeking a visa or entry.

  • If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts give a reasonable belief that the alien misrepresented his or her intent, then the FN is given an opportunity to present countervailing evidence. If such evidence is found not to be persuasive, there may be need to submit a comprehensive report to the Advisory Opinions Division for the rendering of an advisory opinion.

  • When violative conduct occurs more than 60 days after entry into the United States, the Department of Homeland Security does not consider such conduct to constitute a basis for inadmissibility.

    "THIS INFORMATION IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND CHRISTINE NSAJJA OR A&N IMMIGRATION LAW, LLP. No attorney-client relationship is created with the firm absent an EXPRESS WRITTEN AGREEMENT between the Christine Nsajja and the client."