Foreign nationals who are inadmissible to the U.S. but still want to visit temporarily can apply for a waiver and may be able to change/extend their status in the U.S., depending on how long the waiver is valid for.
Can I apply for a 212(d)(3) waiver? Generally, anyone who was found to be inadmissible and needs a non-immigrant visa to enter the U.S. can apply for a non-immigrant visa and a 212(d)(3) waiver at a U.S. Consulate abroad. There…
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…
Participants of some J-1 visa programs are subject to a 2-year home residency requirement. This means, that these J-1 visa participants will have to return to their home country for at least 2 years after the completion of the exchange…
An E-1 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves showing that substantial trade still exists between the U.S. and the Treaty country. You can find some…
USCIS has waived some visa restrictions so that foreign doctors assigned to rural communities can practice telehealth services outside of their approved locations during the COVID 19 pandemic. According to the Association of American Medical College, there are more than…
If you are applying for a visa or a green card and you were convicted of (or you admitted to commission of) a crime involving moral turpitude, you are deemed to be inadmissible in the United States. You would then…
Last month, in Pereira vs. Session, the Supreme Court ruled 8 to 1 that the government has been sending invalid Notices to Appear (NTA) to noncitizens facing deportation. NTA’s are issued by the government to individuals who have overstayed their…
Many green card applicants who otherwise would have had an opportunity to obtain a green card in the U.S., through a family-based or employment-based petition, are unable to do so because they did not enter the country with a valid…
Scott Legal, P.C. just had an approval for an I-751 waiver for a client who was married for less than 2 years and divorced his spouse. He had a conditional green card and we obtained the waiver so that…
What is Cancellation of Removal? (Deportation is the same thing as Removal) An Immigration remedy that stops your deportation that is available to immediate relatives of U.S. Citizens and Green Card holders; If you do not have a green card…
PART I: Relief for Non-LPRs What is Cancellation of Removal? Cancellation of removal is an immigration remedy available to immediate relatives of U.S. Citizens and Legal Permanent Residents (LPRs or Green Card Holders) with good moral character and are able…
601A Waiver – Some Examples of Possible Successful Case Strategies Many people find themselves in the position of having an approved I-130 application but are ineligible to apply for a green card because they have been in the U.S. without…
Immigration waivers “forgive” certain grounds of ineligibility that would normally prevent an applicant from receiving an immigration benefit. Waivers can be granted for temporary visas (For example, B visa (Tourist visa), E-2 Visa (Investor Visa), H-1B (Specialty Worker) and also…
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