The Legal Immigrant podcast covers U.S. immigration problems that Dyan Williams Law PLLC can help you solve. Through success stories and Q&As, we'll discuss waivers of inadmissibility due to fraud or misrepresentation, criminal offense, unlawful presence, illegal entries, and removal orders; motions to reconsider inadmissibility bars; marriage-based green card, spousal immigrant visa, K-1 fiance visa; naturalization issues; and more. Website: www.dyanwilliamslaw.com
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Texas Federal Court Pauses Parole in Place (Keeping Families Together) Program
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As of August 26, USCIS has paused the granting of Applications for Parole in Place for Noncitizen Spouses and Stepchildren of U.S. Citizens. Due to a court order from the U.S. District Court, Eastern District of Texas, USCIS may not approve or adjudicate Form I-131F, PIP applications, although it is still accepting them. In Texas v. Department of H…
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Parole in Place Plan Will Allow Certain Undocumented Spouses and Children of U.S. Citizens to Get Green Cards through I-485 Adjustment, Instead of Consular Processing
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On June 18, the Biden Administration announced a “Parole in Place” plan to allow certain undocumented spouses and children of U.S. citizens to apply for permanent residence within the U.S., instead of needing to depart for Immigrant Visa processing. "The Fact Sheet: President Biden Announces New Actions to Keep Families Together" provides basic inf…
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I-212 and I-192 Approvals for U.S. Visits Following Conviction and Deportation = True Success Story
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A Canadian citizen wished to enter the U.S. to reunite with his U.S. citizen parents and sibling. But a decade-old conviction for Conspiracy to Import Ecstasy into the U.S. and his deportation, which followed his release from prison, barred him on four inadmissibility grounds: 1) INA 212(a)(2)(a)(i)(I) (crime involving moral turpitude) 2) INA 212(a…
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Can You Get a U.S. Visa if You Have a Conviction for or Admit to a Drug Offense?
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If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States. This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule. That said, is Prince Harry’s U.S. visa subje…
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I-601 Waiver for INA 212(a)(6)(C)(i) Bar + Immigrant Visa = A True Success Story
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Five years after being found inadmissible under INA 212(a)(6)(C)(i), our client finally received her Immigrant Visa to join her U.S. citizen spouse in the United States. Consistent with normal processing time, USCIS took 10 months to approve her Form I-601 application for waiver of inadmissibility, which we prepared and filed on her behalf. But due…
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COVID-19 Vaccination Required for Green Card Applicants, Starting October 1st
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The CDC has a new requirement that will affect all green card applicants. Starting October 1, 2021, intended immigrants must receive full doses of the COVID-19 vaccine to immigrate to the U.S. This new requirement affects eligibility for permanent residence on health-related grounds. COVID-19 has been added as a Class A medical condition that bars …
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U.S. Immigration Risks in Claiming F-1 OPT or H-1B Status When There is No Real Job
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Being inadmissible disqualifies you from getting a change or extension of status, a new visa, or lawful entry to the United States. While a 212(d)(3) nonimmigrant waiver or I-601/INA 212(i) immigrant waiver might solve the issue, it doesn’t work in every case. It’s best to avoid a fraud/misrepresentation charge altogether. Episode 11 of The Legal I…
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B-1 Visitor Visa: Traveling to the U.S. for Business
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The B-1 visa or combined B-1/B-2 visa is for nonimmigrants who seek to enter the U.S. temporarily for business reasons and tourism. To get the visa or gain entry to the U.S. on this visa, you need to show you will participate in only permitted activities. Episode 10 of The Legal Immigrant podcast summarizes: (A) What you can do in the U.S. as a B-1…
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2019 Public Charge Rule Gets Tossed; 1999 Rule is Back
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Section 212(a)(4) of the INA does not define “public charge.” But in 1999, USCIS and DOS guidelines began to define it to mean a person who is or is likely to become “primarily dependent” on the U.S. government for subsistence, as shown by the receipt of “public cash assistance for income maintenance” or “institutionalization for long-term care at …
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Immigration Reform Update: Earned Path to Citizenship and Repeals of Certain Inadmissibility Bars
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The Immigration Reform bill -- which is supported and championed by the Biden Administration -- is big and bold. The U.S. Citizenship Act of 2021 seeks to give certain undocumented immigrants an 8-year path to becoming U.S. citizens, address the root causes of migration and manage the southern border, and reform the U.S. immigration system. In this…
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Immigration Reform Update and I-601 Waiver for 3/10-Year Unlawful Presence Bar
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The Biden Administration’s U.S. Citizenship Act of 2021 calls for comprehensive immigration reform. One provision seeks to get rid of the 3/10-year unlawful presence bar. This would be a major departure from current law, which requires a special waiver for this inadmissibility ground. Immigrant visa applicants who have this bar must first receive a…
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Biden Administration Proposes Immigration Bill to U.S. Congress: The U.S. Citizenship Act of 2021
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On day 1 of the new Administration, the White House announced it is sending a bill to Congress to reform major parts of the U.S. immigration system. It includes an earned roadmap for certain undocumented immigrants, Dreamers, TPS holders, and immigrant farmworkers to apply for green cards and, eventually, U.S. citizenship. Other proposed changes in…
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Form I-129F Approval + K-1 Visa Grant = A True Success Story
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A prior F-1 student consulted me after the U.S. Consulate used INA 214(b) to twice deny her requests for a visa renewal. After one more failed attempt to get the student visa, we agreed to switch to the K-1 visa based on her recent engagement to her U.S. citizen fiancé. It took four months for USCIS to approve the Form I-129F petition, which is the…
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Section 204(l) for Surviving Relatives to Immigrate to the U.S. When Petitioner or Principal Beneficiary Dies
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Section 204(l) of the Immigration & Nationality Act allows certain beneficiaries (and derivative beneficiaries) to continue with an Immigrant Visa request or Adjustment to Permanent Residence application even after the Form I-130 petitioner (or principal beneficiary) has died. Unlike the survivor benefits for widow(er)s of U.S. citizens, and unlike…
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I-601 Fraud Waiver + Immigrant Visa Grant = A True Success Story
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A U.S. Consulate granted Immigrant Visas to our client and his wife and children, following USCIS' approval of his Form I-601, Application for Waiver of Inadmissibility. He had a permanent bar under INA 212(a)(6)(C)(i), i.e. fraud or willful misrepresentation of material fact to previously enter the U.S. on a B1/B2 visitor visa. With our guidance, …
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Removal of INA 212(a)(6)(C)(i) Bar + H-4 Visa Grant = A True Success Story
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A U.S. Consulate granted the H-4 spouse visa to our client, after agreeing to remove the INA 212(a)(6)(C)(i) charge against her. This permanent bar was made 10 years earlier, when she applied for an Immigrant Visa sponsored by her prior U.S. citizen spouse. A 212(d)(3) nonimmigrant waiver is the more common fix, but does not get rid of the bar. In …
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Welcome to The Legal Immigrant podcast! Through success stories and Q&A formats, this show will cover U.S. immigration problems that Dyan Williams Law PLLC can help you solve. Your host is immigration attorney Dyan Williams, who has top expertise in rebutting immigration marriage fraud or INA 204(c) findings; obtaining waivers for unlawful presence…
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