Blog Topic

Waiver Considerations
Posted by: ScottMond Law Firm
May 09, 2013

When Immigration Waivers Are Needed - A Couple Considerations

Immigration waivers are used as a basis to waive grounds of inadmissibility blocking a client from being able to move forward with his or her temporary or permanent visa to the United States. We discuss two unique tips here that increase one's chance to qualify for waivers. First, when a qualifying relative with hardship seems not available. Second, the unique procedure of the new I-601A waiver.

Common law marriage. Hardship to a qualifying relative is generally required to be eligible for a variety of waivers. It is important to consider if one's state recognizes common law marriage, as this may be an option if one has been in a long term relationship.

Procedure for Waivers I-601(a). The I-601(a) has different procedures, and is the latest waiver which allows individuals who Entered Without Inspection ("EWI") to be eligible for Permanent Resident Status. Ensure that the National Visa Center ("NVC") fee bill is paid prior to filing. Once the waiver is approved the rest of the documents should be submitted for processing with NVC. For smoothest processing including the I-864 and DS 260 and supporting documents are included.

You may contact ScottMond Law Firm at info@scottcclaw.com to set up a consultation. Also you may call us at our telephone number(s) conveniently listed at http://www.scottcclaw.com/. We are standing by to assist you, or your family or friend who need guidance with immigration consequences. We are a full service U.S. Immigration Law Firm.

Members of the American Immigration Lawyers' Association

ScottMond Law Firm

www.scottcclaw.com

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I-601A ? THE NEW UNLAWFUL PRESENCE WAIVER & IMPORTANT TIPS AS THE LAW TAKES SHAPE
Posted by: ScottMond Law Firm
April 11, 2013

As the new I-601A (Unlawful Presence Waiver) takes shape, questions and concerns are mounting by clients and immigration attorneys alike. This exciting new law which allows individuals who Entered Without Inspection ("EWI") and have qualifying U.S. Citizen relatives to adjust status while in the United based on a waiver is limited.

First, it is important to remember that the approved Permanent Visa Green Card must be "picked up" abroad at a U.S. consulate. This can trigger additional inadmissibility issues if a Foreign National is not careful before beginning the process. For instance if there is a past criminal record, use of fraudulent documents, or any other issue besides unlawful presence, an experienced American Immigration Lawyers Association ("AILA") lawyer should be contacted to determine if an Adjustment of Status with an I-601A should even be filed. A plan to overcome any and all inadmissibility issues is essential.

Overall, it is being advised that only "squeaky clean" cases should rush into filing the I-601A. Other issues of consideration include the following: 1)Has their been multiple exits and entries in EWI status? or, 2) is a final removal order possibly lingering out there, unknown to Foreign National?

Our attorneys at ScottMond Law Firm are all Members of the AILA, and are pleased to be actively filing simple and complex cases for several Foreign Nationals who are in EWI status under the new law. However, we carefully look at each case, and conduct an in depth consultation before proceeding for you or your loved ones.

If you or someone you know is in need of a consultation on this immigration topic, or any other immigration matter, our attorneys may be contacted at info@scottcclaw.com or you may call us at one of our office telephone numbers conveniently listed at www.scottcclaw.com.

MEMBERS OF THE AMERICAN IMMIGRATION LAWYERS' ASSOCIATION (AILA)

ScottMond Law Firm
www.scottcclaw.com

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The Intersection of Federal Government Security Clearances & Immigration Issues
Posted by: ScottMond Law Firm
January 28, 2013

Our attorneys have had the privilege of serving clients across the nation and around the world from the Nation's capital, Washington D.C., since 1997 with regards to U.S. Immigration & Nationality matters. The purpose of this blog is to highlight the intersection of Federal Government Clearances and Immigration issues which we work daily to resolve for our clients.

A Government Clearance is an invaluable asset to our U.S. citizens which they prefer not to risk for anyone or anything. Rightly so! At times, whether it be Civilian Federal Government workers, Contractors, Federal Government Workers, or Members of our beloved Armed Forces, at times they run into Immigration issues which could cost them their Security Clearances.

Some of the ways U.S. Citizens need to be aware they easily enter the zone of "U.S. Immigration" is through the following:

• Marriage to a non-U.S. citizen
• Conducting business with a non-U.S. citizen
• Dating someone who is not a U.S. citizen
• Your spouse hiring or working with someone who is not a U.S. citizen
• Living in a house where Foreign Nationals live documented or undocumented
• Marriage or dating an undocumented Foreign National even if unknowing.

The above list is not exhaustive, but gives one an idea of how easy it is to be affiliated with a foreign national simply because the world has become much more diverse and united which is an awesome commentary!

However, in the balance, a U.S. Security Clearance requires that rigorous criteria be met and maintained for a variety of reasons. We specifically discuss here the need for our U.S. Government to protect its borders by aggressive action in ensuring that Foreign Nationals are not a risk as it pertains to Security Clearances. The Federal Regulations and Federal laws mandate these security measures without exception.

The good news is that our law firm attorney(s) have for over two decades successfully navigating our clients' Security Clearances and immigration issues so it is a "win-win" situation. The main advice we offer in this short article is the following: If you have a Federal Security Clearance at any level, hire one's own independent U.S. Immigration attorney who is a member of the American Immigration Lawyers' Association. Of course, the attorney must have experience with Federal Security Clearances.

Whether a U.S. citizen is thinking about entering into a personal, casual, or business relationship with a Foreign National; or it's already a "done deal" and the U.S. Citizen is already in relation with a Foreign National, and is now concerned over his or her Security Clearance, our attorneys can help and resolve many of these issues on behalf of clients. Among some of the possible legal resolutions are the following:

• Providing a legal letter to the respective Federal Government Agencywhich outlines the legal steps which need to be taken, and are being undertaken to resolve an immigration problem.
• Ensuring that there is full disclosure at all times, and an immigration attorney letter to support the legal steps and the law to ensure that a U.S. Citizen is meeting requirements for his or her clearance.
• Preparation of Waivers, where needed, for undocumented spouses, and close family members to resolve immigration matters in hopes of adjusting status of foreign national to a U.S. Permanent Resident or U.S. citizen.

Once again, this is not an exhaustive list. If you or someone you know is need of a consultation on this immigration topic, or any other immigration matter, our attorneys may be contacted at info@scottcclaw.com or you may call us at one of our office telephone numbers conveniently listed at http://www.scottcclaw.com/.

MEMBERS OF THE AMERICAN IMMIGRATION LAWYERS' ASSOCIATION (AILA)

ScottMond Law Firm

http://www.scottcclaw.com/

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Happy New Year 2013-The Long Awaited Provisional Stateside Waiver Is Here!
Posted by: ScottMond Law Firm
January 02, 2013

We are writing this short blog to provide our clients and foreign nationals in the United States, who entered illegally ("EWI"), an update on the long awaited Provisional Stateside Waiver. U.S. Citizenship and Immigration Services (USCIS) has been true to its word, and "today" grace has been extended to you and your families! We are delighted to publicize the latest stakeholder meeting below, and the actual date, which USCIS has now released, it will begin accepting Provisional Waivers filed on behalf of EWI applicants who qualify.

It is important to note, that in our experienced legal opinion, an individual in EWI status should NOT apply for the provisional waiver unless represented by an Immigration lawyer who is an active member of the American Immigration Lawyer Association (AILA).

We are delighted for this immigration relief that is now coming available to our EWI clients and friends who have lived an anxious fearful existence due to their illegal unlawful status. We look forward to serving and representing you in using this powerful Waiver tool to increase the likelihood that you may finally realize U.S. Permanent Resident Status, and no longer fear separation from your U.S. Citizen spouses and children. As US CIS clearly states below, the logistics of how this Waiver will be used along with the necessary procedures and guidelines are still under discussion. So no one yet knows for certain.

See Quoted Excerpt Below from USCIS:

Final Rule: Provisional Unlawful Presence Waiver Process
Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern)

Dear Stakeholder,

U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a stakeholder teleconference to discuss the final rule posted in the Federal Register today, establishing a new process for certain individuals to apply for provisional unlawful presence waivers within the United States. The teleconference will provide an overview of the provisional unlawful presence waiver process and eligibility criteria. Following the overview, officials will respond to questions related to procedural and operational matters.

This process change allows certain immediate relatives of U.S. citizens who are physically present in the United States and are seeking permanent residence to apply for and receive provisional unlawful presence waivers before departing the U.S. for consular processing of their immigrant visa applications abroad. This new process will significantly reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the immigrant visa process to become permanent residents.

Please note that this new process is not yet in effect and USCIS will not accept any applications until March 4, 2013. This final rule is separate and distinct from the Form I-601 centralization process.

We are standing by to answer your immigration questions or concerns. You may contact us at our office numbers conveniently listed at www.scottcclaw.com

Members of the American Immigration Lawyers Association("AILA)

ScottMond Law Firm
www.scottcclaw.com

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Exciting News in the World of Immigration Waivers
Posted by: ScottMond Law Firm
November 26, 2012

There is much exciting news coming down from the U.S. Citizenship and Immigration

Services ("USCIS") for our immigration clients with inadmissibility issues. The purpose of this short blog post is to distinguish between two important changes set to take place within the next year.

First, the upcoming change in location from overseas Consular Processing of I-601 Inadmissability waivers to processing and approval of I-601 waivers right here in the U.S. Next, is the long awaited Provisional Waiver which will allow our clients who entered the country without inspection ("EWI") to be approved for a Green Card along with Waiver in the United States. Especially in the event a EWI individual is not 245i life act eligible to adjust status in the United States.

Centralized Filing and Adjudication for Form I-601, Application for Waiver of

Grounds of Inadmissibility

The I-601 waiver waives various grounds of inadmissibility such as when Foreign Nationals are subject to the 10 year or 3 year bars, criminal issues, misrepresentation problems and many other grounds which are not discussed here as this is not the topic of this short blog.

EXCERPT FROM USCIS.GOV

Beginning June 4, 2012, immigrant visa applicants who are applying for a waiver of a ground of inadmissibility from outside the United States will file the Form I-601, Application for Waiver of Grounds of Inadmissibility, by mail with a USCIS domestic Lockbox facility, rather than with a USCIS international field office, or a U.S. Embassy or Consulate. The Lockbox facility will send all Form I-601 applications submitted by international filers to the USCIS Nebraska Service Center (NSC) for adjudication. USCIS international field offices that accept Form I-601 filings by appointment will no longer schedule new appointments for filing Form I-601.

End of Excerpt

Due to long delays in processing I-601 waivers at the international U.S. Consulates, USCIS has decided to centralize processing of I-601 waivers which will reduce the time families are separated due to inadmissibility issues and streamline the process globally.

Provisional Waiver (Not yet law)

In contrast, the Provisional Waiver is a long awaited law that has NOT yet taken effect. The Provisional waiver is clearly distinguished from the I-601 change in policy discussed above. The Provisional Stateside Waiver, as described above, will allow EWI individuals to remain the U.S. while his or her I-601 waiver is being processed to waive inadmissibility issues of entering the U.S. illegally.

The Provisional Waiver would be limited to individuals who are married to U.S. citizens, and who can demonstrate a U.S. citizen would experience extreme hardship if separated from their "qualifying relatives". The good news here is that although an EWI individual has to travel to an international consulate to pick up their Permanent Visa, they would be already be approved before leave. And there will be little to no risk of not being able to reenter the United States. Finally, wait times are expected to be a few weeks. (Note: The law has not yet taken effect so this is only a legal opinion).

It is essential to contact an experienced U.S. Immigration attorney if you or someone you know could benefit from any of these exciting new and emerging I-601 waiver policies and laws. You may contact our firm at to speak with an attorney at info@scottcclaw.com or call one of our telephone numbers listed conveniently at www.scottcclaw.com

MEMBERS OF THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA)

ScottMond Law Firm

www.scottcclaw.com

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Status Problems in the United States ? Do Not Lose Hope Until You Explore All Possible U.S. Waivers!
Posted by: ScottMond Law Firm
August 26, 2011

Our law firm files a variety of U.S. Immigration Waivers for clients who are illegal, out of status, subject to residency requirements, subject to the three or ten year bar, Conditional Residents whose marriages are ending in divorce, individuals who entered without inspection ("EWI"), or those in need of a waiver for fraud, crimes, and more. (See below for a list). The purpose of this article is to provide a couple popular case scenarios to inform clients about how waivers work in general.

Case 1

Foreign national was born in Nicaragua 05/19/1990. She entered EWI in 03/2008 and never left. She was arrested without a driver's license and ICE ended up having a detainer placed on her. She married a U.S. Citizen (USC) in 05/2012- no children. The first court date in U.S. Immigration court has been set. What can be done here?

A waiver can be filed for the foreign national, and an I-130 filed by her husband to begin the adjustment of status process. An Immigration Judge will usually grant a continuance (extension) during the adjudication of the I-130. Then a 212(a)(9)(B)(v) (waiver of Unlawful Presence Ground of Inadmissibility) may be filed. Since in this case the foreign national entered without inspection (EWI), she would need to return to her home country to adjudicate the waiver and adjust status after being granted voluntary departure by an immigration judge. The time out of the country could be a year or less if the proper legal strategy is in place.

Case 2

A 212(h) waiver is a popular waiver for clients who have been convicted of Crime Involving Moral Turpitude (CIMT) which occurred and makes them removable.

For instance, a foreign national could pursue a consular waiver or waiver in court for a CIMT that occurred more than 15 years ago (e.g. theft). Proof of Rehabilitation, good charter and ensuring that a foreign national client is not a threat to National Security is amongst some of the criteria that must be presented effectively to an Immigration Court or U.S. Consulate to succeed in gaining a 212(h) waiver.

The area of good character is essential. Evidence of good character for instance would include donations to church, volunteer involvement in community activities, letters from family members explaining how the applicant for 212(h) waiver helps his family and is an overall asset to society.

The above examples and all Waivers require experienced U.S. Immigration Attorneys. Below is a comprehensive list of Waivers we file on behalf of our clients:

U.S. WAIVERS:

• I-751 Waiver (Marriage Dissolution of Conditional Residents)
• I-601 Waivers
• WAIVERS OF INA 212(e): J-1 visa holders
• Waiver After Prior Waiver of misrepresentation or Fraud in Procuring Visa/Entry-INA §237(a)(1)(H)
• Removal or Deportation: Permission to Reapply for Admission-INA §§212(a)(9)(A)(iii) and 212(a)(9)(CC)(ii)
• Waiver of Unlawful Presence Ground of Inadmissibility-INA §212(d)(12) and 237(a)(3)(C)(ii)
• Waiver for Prostitution, Crimes More Than15 Years Old, Crimes of Moral Turpitude, and Simple Possession of Marijuana-INA §212(h)
• Waiver for Fraud or Misrepresentation-INA §212(i)
• Waiver of Technical Defects in Immigrant Visas- INA§212(k)
• Adjustment of Status Under §245(k)
• Cancellation of Removal for Nonpermanent Residents-§240A(b)
• Cancellation of Removal for Lawful Permanent Residents
• General Waiver for Nonimmigrants-INA §212(d)(3)
• Waivers Under INA §209(c)

If you have any questions about U.S. Immigration waivers, you may contact our law firm at info@scottcclaw.com. Our a list of our office telephone numbers may be found at http://www.scottcclaw.com/.

ScottMond Law Firm

www.scottcclaw.com

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