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Articles Posted in Family Visas

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I-601 Waiver Lawyer – Memo on Requests to Expedite Adjudication of Extreme Hardship Waivers, filed by individuals outside of the U.S.

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will…

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Adjustment of Status for Alien Immediate Relatives Admitted Under the Visa Waiver Program – USCIS and AILA update June 2011

Following our updates on the Visa Waiver Adjustments, here is a summary from USCIS Headquarters Liaison Meeting. As of now, USCIS has not yet provided guidance to the field with respect to the eligibility of an alien who was admitted under the Visa Waiver Program (“VWP”) to adjust status as…

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San Diego Immigration Attorney – Military Families Act Introduced

U.S. Senator Robert Menendez (D-NJ) introduced the Military Families Act. The Military Families bill would allow the noncitizen immediate family members of active military service members to apply to become lawful permanent residents of the United States. This is a much needed bill that fills a gap at the intersection…

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Visa Waiver Overstay and Marriage Based Adjustment of Status – San Diego Office Update May 16, 2011

We have been following the Visa Waiver Adjustments crisis since it started in July 2010. In a recent meeting between local AILA lawyers and the USCIS San Diego office the following question was raised by the local AILA lawyers: USCIS Headquarters meeting on April7,2011 relating to adjustment following a Visa…

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Attorney General Eric Holder Exercises Review Authority in Defense of Marriage Act Case

Eric Holder vacated the BIA’s order and remanded the matter to the BIA to determine whether and how the constitutionality of the Defense of Marriage Act impacts respondent’s eligibility for cancellation of removal, see Matter of Dorman. DOJ Secretary Eric Holder announced that he has vacated — or essentially wiped…

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U Visa – New protocols for certifying U visa applications

The Labor Department just announced protocols for certifying U visa applications, and that the U visa certification process will be handled by the Wage and Hour Division’s regional administrators. What is a U Visa The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for…

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Drug Convictions and Adjustment of Status – John Lennon’s Adjustment of Status case

Drug convictions and Immigration Laws are very complicated and require careful analysis. The good news is that a person cannot be deported from the U.S. for Possession of Marijuana as long as the amount does not exceed 30 grams. However, a conviction for any other type of marijuana offense other…

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Visa Waiver overstay and Marriage Based Adjustment of Status – KPBS and National Public Radio covering this issue in San Diego!

On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. Click here to read the post as well as the Adjustment of Status denial we posted that same week. We are happy to…