Immigration Issues/H2B - Problems

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Question
Due to a meeting today we had with immigration, I am concerned. If an employer does not notify immigration that someone on an H2B visa did not show up to work, and that person later marries a US citizen, does that automatically make the H2B visa petition a fraud? A woman was planning to work, but got pregnant between the time of application and the time the visa was ready. She came over, but had morning sickness and could not work in the physically demanding landscaping/gardening job for her. She later married a US citizen, and is applying for an adjustment of status. Immigration states because she did not work and the company did not report that, it is fraudulent and there is no pardon for it. Does this mean she will be deported even though she is married to a US citizen now? (Immigration wants a letter from the company stating why they did not report her, and why they even put her on the list of workers to come over).

Answer
Allison,
No, it does not make it automatically fraud.  You need to show them that there is no fraud involved, by providing them with an affidavit from her about her situation regarding pregnancy, and documentation of her intent to work and any other relevant info to overcome the issue of fraudulent intent.  Unfortunately, this forum is limited and I cannot possibly go into greater detail about the necessary information.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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