Archive for August, 2016

About Annie Banerjee

August 31, 2016

Annie Banerjee
Houston immigration lawyer, Annie Banerjee was named top lawyer by H Texas Magazine in 2013, 2014 and 2015.  With over 20 years of experience, Annie graduated third highest in her law school class at South Texas College of Law, in 1996 with a full academic scholarship. She …



Entrepreneurs Visa

August 29, 2016

In 2014, President Obama issued an Executive order making it easy for Entrepreneurs to get visas. However until this past Friday, the Citizenship and Immigration Service (hereinafter CIS) did not issue any guidance as to how this could be achieved. For instance, a computer science major foreign…


When Natural Disasters happen

August 20, 2016

The Government works with deadlines. Unlike State Court where lawyers can argue that they are not ready and reset the date of their hearing, we attorneys working with federal agencies have to such leverage. We are given an audit notice by the Department of Labor, and we have to answer in 20…


Buying the American Dream—The EB-5 visa

August 12, 2016

EB-5 Job creation and money in US
I know Trump makes for a great opening line in any blog, so I will start with Trump.  Trump criticized Mr. Khan, the Gold Star parent by saying that Khan, a lawyer took money from Muslims so that they could buy their citizenship.  What he was referring to …


The Donald and Immigration fraud

August 5, 2016

Politico has raised doubts about Melania Trump’s Immigration Status.  Melania could have come to the US with the special H-1B status for models.  H-1B for fashion models, unlike other H-1B categories, does not require education.  However it does require that the model be famous in internationally, and that she has a job offer.  Therefore Melania’s lie about her education in Slovenia was probably not instrumental. However, the facts as to (1) whether she had a job offer, probably from a modeling agency, before coming to the US and (2) Whether at that time she was a reputed model, can be in dispute.

Added to that, Politico also notes that both Donald and Melania Trump stated that she would return home every few months to renew her visa.  Since most H-1B visas are given for three years, maybe Melania Trump came on a Visitor’s visa (B visa).  Under a B visa, she was not allowed to work in the US.

The H-1B visa would require Melania to work for a modeling agency.  She needed to sign up with the agency before coming to the United States.  Maybe she was free lancing, because my guess is that free lancing models get paid more per job. So she came on a B visa, worked here, and went back to Europe after the job was done, to come back again. The only problem is that the B visa DOES NOT allow her to work in the US. So in this scenario, she committed Immigration fraud.

After the article came out, many left wing pundits are calling for deporting Melania.  Not so fast. She is married to a United States Citizen.  Her “fraud” can be waived (the technical term is 601 waiver) if the US Citizen husband suffers “extreme hardship” if she leaves.  This standard is “Yuge”.  However judging by the number of times Donald has mentioned “sex” in the campaign, not to mention his strong defense of his hand size, I think Donald would claim “tremendous loss” if Melania is deported.

For more information on Immigration, please contact Houston Immigration Lawyer, Annie Banerjee