LexisNexis® Legal Newsroom
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....

DHS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

The following is the text of the proposed rule that the Secretary signed on July 14, 2015, and that the Department has sent to the Federal Register for publication. The Federal Register will publish the official version of this document. - "The Department of Homeland Security (DHS) proposes to expand...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!

Advance Copy of DOS Final Rule: Visa Interview Waiver Authority

This document is scheduled to be published in the Federal Register on 11/10/2015 - "This rule is promulgated to clarify the circumstances in which a consular officer and the Deputy Assistant Secretary for Visa Services may waive the requirement for a nonimmigrant visa interview."

Parallel Proposed Rules from DOS, CBP re Waiver of Passport, Visa Requirments

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 - "This rule proposes to reinstate a 1996 amendment to a regulation in title 8 of the Code of Federal Regulations regarding a discretionary waiver of certain documentary requirements for nonimmigrants seeking admission to the United States...

NIJC Practice Advisory: The U Visa Inadmissibility Waiver After L.D.G. v. Holder

NIJC, Jan. 2016 - "Until recently, U visa applicants in removal proceedings who were subject to one or more grounds of inadmissibility relied on U.S. Citizenship and Immigration Services (USCIS) alone to determine whether those inadmissibility grounds would be waived. When USCIS denied a waiver...

Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016)

USCIS, Mar. 9, 2016 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-V-P- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel...

DHS Final Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 - "This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility based on the accrual of unlawful presence...

USCIS Stakeholder Teleconference: Expanded Eligibility for Provisional Unlawful Presence Waiver Process, Sept. 20, 2016

"Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Tuesday, Sept. 20 from 2 – 3:30 p.m. (Eastern) to discuss the final rule expanding eligibility for the provisional unlawful presence waiver process. The...

Matter of Khan, 26 I&N Dec. 797 (BIA 2016)

Matter of Khan, 26 I&N Dec. 797 (BIA 2016) - Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status...

California Democratic Congressional Delegation Urges Approval of State Waiver to Allow Undocumented Immigrants to Buy Into Obamacare

California State Senator Ricardo Lara (D-Bell Gardens), Sept. 14, 2016 - "The California Congressional Delegation released a letter today calling on the Obama Administration to approve a waiver that would allow undocumented immigrants to purchase unsubsidized health insurance through Covered California...

Lawsuit Filed Against CSC to Halt RFE Crisis in I-612 Hardship, Persecution Waivers - Schmitt v. Johnson

Brian Schmitt, Oct. 18, 2016 - "From April 29, 2016 to present, Hake & Schmitt has received 10 hostile and abusive Requests for Evidence (RFEs) in I-612 hardship and persecution waiver applications. All 10 of the RFEs violated USCIS policy on the issuance of RFEs. The RFEs asked irrelevant and...

Matter of Tima, 26 I&N Dec. 839 (BIA 2016)

Matter of Tima, 26 I&N Dec. 839 (BIA 2016) - A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012), cannot waive an alien’s removability under section 237(a)(2)(A)(i) for having been convicted of a crime involving moral turpitude...

AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)

Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)."

DHS Waives Environmental Regulations for Border Wall Construction

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the...

DOS, DHS Issue Final Rules on Waiver of Visa, Passport for NIVs

Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 - "This final rule clarifies procedures for waiver of documentary requirements due to an unforeseen emergency for nonimmigrants seeking admission to the United States. DATES: This rule is effective on October 5, 2017." Federal...

Advance Copy of DHS Notice re Fencing, Roads near Calexico Border

This document is scheduled to be published in the Federal Register on 09/12/2017 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary...

CA9 on Departure as Waiver of Right to Appeal: Chavez-Garcia v. Sessions

Chavez-Garcia v. Sessions - "We grant ChavezGarcia’s petition for review because his departure from the United States, without more, does not provide clear and convincing evidence of a “considered” and “intelligent” waiver of the right to appeal." [Hats off...

CA7 on IJ Waiver Authority: Baez-Sanchez v. Sessions

Baez-Sanchez v. Sessions, Oct. 6, 2017 - "This proceeding begins where L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), ends. ... The BIA in Khan did not identify any provision that subtracts from the delegation in §1003.10(a). Nor did the Third Circuit in Sunday. Indeed, neither the BIA nor...

Immigration Attorney of the Week: Brennan Gian-Grasso

Samantha Schmidt, WaPo, Oct. 12, 2017 - "For nearly 11 months, Javier Flores Garcia’s world fit inside the basement of a Philadelphia church. The Mexican father of three spent 24 hours a day within the church’s walls, unable to support his family and only occasionally receiving visits...

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), if he or she was...

CA7 on Fraud Waiver: Acquaah v. Sessions

Acquaah v. Sessions, Nov. 6, 2017 - "The Board erred when it treated the absence of a specific fraud charge as dispositive over the availability of a fraud waiver under § 1227(a)(1)(H). It should have considered whether the charge sustained against Mr. Acquaah — termination of conditional...

Two New AAO I-601 Hardship Waiver Victories

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which in these cases involved fraud or misrepresentation...