I-601A UNLAWFUL PRESENCE WAIVER – ELIGIBILITY

Currently, one of the more common waivers needed to immigrate to the United States is the Unlawful Presence waiver.  It is made necessary when a person is in violation of INA §212(a)(9)(C)(i)(II). This particular waiver is often required for intending immigrants who...

DEFERRED ACTION FOR “DREAMERS”

There is currently a great deal of interest in what is being referred to as ‘deferred action’ for dreamers, and rightly so.  The basic principle behind President Obama’s June 15, 2012 announcement is the government’s willingness to provide opportunities for...

IMMIGRATION HELP FOR MILITARY SPOUSES

Immigrant spouses of military service men and women sometimes face big obstacles if they have entered the U.S. without a visa and have not been inspected by a border or customs official.  This is commonly referred to as “entry without inspection” (EWI).  Most...

COMPREHENSIVE IMMIGRATION REFORM (CIR)

On December 15, 2009, the “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009”, or “CIR ASAP” for short, and was introduced in Congress.  Highlights of the bill include an “earned legalization” program for those undocumented immigrants...

TPS FOR HAITI

In response to the unimaginable devastation that occurred as a result of the January 12, 2010 earthquake in Haiti, the U.S. government has announced that it will grant Temporary Protected Status (TPS) to qualified Haitian nationals.  This means that to qualify you do...

SURVIVING SPOUSES OF U.S. CITIZENS

In the unfortunate event that a U.S. citizen spouse dies before being able to file documentation to legalize their alien spouse, there may be options.  For many years, aliens in this regrettable situation were in a sad form of legal limbo.  In 2009, the U.S....

WAIVER OF THE K-1 VISA TWO-YEAR MEETING REQUIREMENT

There is an exception to the two-year meeting requirement in instances where both parties cannot meet because of either extreme hardship or due to a long established custom.  8 C.F.R. §214.2(k)(2). USCIS is granted wide latitude in determining whether to waive the...

I-751 REMOVAL OF CONDITIONS

Individuals who have been granted lawful permanent residency through his or her spouse, and within two years of entering the marriage, are usually deemed to be “conditional” permanent residents. Under the law, conditional permanent residents must follow a...

CONTACTING THE U.S. CONSULATE ABROAD

Nearly every case for a visa is ultimately decided within a U.S. Consulate abroad, sometimes referred to as a U.S. embassy.  Each Consulate processes cases differently; nevertheless, the Consulate will eventually communicate with the parties at some point.  The way it...