News and Notes in the World of Waivers #8 AAO Approves §212(i) Waiver for Mexican Wife of USC AILA Infonet Doc. No 11090132 The applicant in this case is a native and citizen of Mexico. She misrepresented her intentions when she entered the United States as a visitor and, as a consequence, was found [...]
News and Notes in the World of Waivers #7 Filing Form I-601 Applications for Waiver of Grounds of Inadmissibility in London The London Field Office has jurisdiction for adjudicating I-601 applications filed in the following countries: Denmark, Finland, Iceland, Republic of Ireland, Norway, Sweden, and the United Kingdom. Applicants residing in Denmark, [...]
News and Notes in the World of Waivers #6 USCIS Denys AILA’s Request to Hold Adjustment Denials in Abeyance While I-601s are Appealed When I-601 applications are denied, the USCIS field office typically denies the underlying I-485 application as well. Applicants have the right to appeal the I-601 application, but not the underlying adjustment [...]
News and Notes in the World of Waivers #5 USCIS Issues Draft Policy Memorandum on Requests to Expedite Adjudication of Forms I-601 Filed Overseas In January 2011, USCIS issued a draft policy memorandum outlining the guidelines it expects all USCIS employees to follow when considering requests to expedite adjudication of Forms I-601 filed by [...]
News and Notes in the World of Waivers #4 Board of Immigration Appeals Holds Permanent Residents Are Eligible for Nonpermanent Resident Cancellation of Removal Matter of Martinez, 25 I&N Dec. 66 (BIA 2009) On September 21, 2009, the BIA issued a decision holding that, notwithstanding the heading of the section which refers [...]
News and Notes in the World of Waivers #3 On February 4, 2011 the Eleventh Circuit issued a critical federal court decision with respect the 212(h) bar to relief for aggravated felons. Certain people are barred from seeking a discretionary waiver under 212(h), which states in relevant part: No waiver shall be granted under [...]
News and Notes in the World of Waivers #2 Revised Form I-212 As of January 6, 2011, US Citizenship and Immigration Services (USCIS) will only accept the November 23, 2010 version of Form I-212, Application for Admission into the United States After Deportation or Removal. This form is used by individuals who are inadmissible under [...]
News and Notes in the World of Waivers #1 Welcome to the inaugural issue of the Waiver Wire, a monthly post designed to provide breaking news, case law, tips and insights of interest to legal professionals doing waiver work. In addition to the monthly posts, I hope that, with your help, the waiver wire will [...]