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New Waiver Process Will Help Many Seeking to Become Permanent Residents

"The U.S. Department of Homeland Security (DHS) has issued a new rule that will allow certain people who have U.S. citizen family members, but who must leave the U.S. as part of the process of becoming eligible for lawful permanent residence, to complete a critical part of the application process...

USCIS Invitation to Provisional Unlawful Presence Waiver Engagement - Tuesday, February 26, 2013 @ 1 p.m. (Eastern)

U.S. Citizenship and Immigration Services sent this bulletin at 02/19/2013 12:57 PM EST - Tuesday, February 26, 2013 @ 1 p.m. (Eastern) Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a joint stakeholder teleconference...

The I-601A is Almost Here!

" We are now days away from the launch of the provisional waiver process, a White House initiative that will permit immediate relatives of U.S. citizens to stay in the country while immigration officials process their waivers for the unlawful presence bars. U.S. Citizenship and Immigration Services...

Updates on Waiver Adjudication from the NSC

"On March 21-22, CLINIC conducted a two-day training in Omaha on recognizing grounds of inadmissibility and filing effective waivers. On the second day, officials from the Nebraska Service Center (NSC) gave a presentation on the centralized filing and adjudication of Form I-601 waivers of inadmissibility...

Free Waiver Teleconference Friday, April 19, 2013 at 12:30 pm (Eastern)

Provisional Unlawful Presence Waiver Process "U.S. Citizenship and Immigration Services (USCIS) invites interested stakeholders to participate in a teleconference on Friday, April 19, 2013 at 12:30 pm (Eastern) to discuss the process of applying for provisional unlawful presence waivers within...

TRIG Exemptions for ARENA, FMLN: DHS Exercises of Authority under the INA

"Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the...

AAO 212(i) Hardship Waiver Victory; Domestic Partnership Taken Into Account

"Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility. However, the AAO may only consider hardship to a qualifying relative. The AAO may give some consideration to the applicant's relationship...

DOS Notice: Determination Under Section 107(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

"Pursuant to the authority vested in me by Section 107(a) of the William Wilberforce Trafficking Victims Protection Act of 2008 (Pub. L. 110–457) and Delegation of Waiver Authority Pursuant to Section 107(a) of Public Law 110–457, I hereby determine that a waiver of the application of...

Unpub. BIA on Descamps, Aggravated Felony, 212(h)

"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting the respondent, as a matter of discretion, a...

Waiving Goodbye to Unappealable Decisions: Indirect AAO Jurisdiction

"While the AAO does not have jurisdiction directly over the denial of an adjustment application, the AAO does have jurisdiction over the denial of most waiver applications. And in the AAO’s view, appellate jurisdiction to determine whether someone should have been granted a waiver necessarily...

AAO CIMT/Waiver Victory: London

"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. In this case, the applicant did not disclose his conviction when asked about crimes involving moral turpitude...

DOS Cable: Supplemental Guidance for Processing I - 601a Provisional Unlawful Presence Waivers

"As announced in Ref A, 9 FAM 40.92 has been updated with information and guidance to consular officers related to a new final rule permitting certain immediate relatives of U.S. citizens to apply to the United States Citizenship and Immigration Service (USCIS) for an I-601A provisional waiver of...

AAO I-601 Victory: China

Alan Lee writes: " Attached is another recent I-601 win at the AAO . In this case, the qualifying relatives were the applicant's U. S. citizen wife and permanent resident parents. The portion of the field office denial relating to the case was a peremptory paragraph of 13 lines focusing mainly...

TRIG Exemptions for DMLEK and ELF

"Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the...

9 FAM 41.102 Notes Amended Regarding NIV Interview Waiver

"... Generally, all applicants must be interviewed in person. There are certain circumstances in which you, the chief of mission (COM), or the Deputy Assistant Secretary (DAS) for Visa Services may waive the personal interview for a visa applicant. ..." - 9 FAM 41.102 NOTES (CT:VISA-2061; 01...

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under section 1182(d)(3)(A)." - L.D.G. v. Holder...

Unpub. BIA Refugee Waiver Victory: Bosnia

"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion where the respondent served, was responsible...

NBC I-601A Provisional Unlawful Presence Waiver Slides

NBC I-601A Provisional Unlawful Presence Waiver Slides - 58 pages, from Jan. 2013 . [Hats off to AILA for obtaining these through FOIA!]

CA11 on 212(h): Rivas v. U.S. Attorney General

"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). The State of Florida twice convicted petitioner...

CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of...

AAO I-212 Waiver Victory - Houston

"The record ... reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this...

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s presence in Dallas and the fact that proceedings...

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that the spouse works extensive hours and would likely...

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....