Inadmissibility and Waivers for Spouses and Children

Training 5: Inadmissibility and Waivers for Spouses and Children

In this one day intensive you will learn how Federal immigration laws prevent immigrants from being admitted into the United States – also known as “inadmissibility”. You will also learn how to competently prepare and file waivers for marriage based permanent residency applications for spouses and children of US citizens/ permanent residents living in the US and abroad.

8:30 am: Introduction and Welcome

8:45 am – 10:15 am: Grounds of Inadmissibility and Waivers for Marriage Based Immigrant Visas: Overview.

We will give the executive summary on grounds of inadmissibility and waivers and review the intake forms, checklist and contracts for this type of case.

  • I-601 Form
  • IVA Pre-FTC Intake
  • IVA Free Telephone Consult Intake Form
  • Fiancée / IV Intake Form – Citizen
  • Fiancée / IV Intake Form – Non Citizen
  • AOS Family Checklist w job letter and gfm sample letter
  • IVA Proposal Immigrant Visa and 601 waiver of 10 year bar
  • IVA Psychological and Mental Hardship – Pain Assessment
  • IVA Discussing Extreme Hardship with Qualifying Spouse
  • IVA I-601 Waiver Interview for Qualifying Relative Spouse
  • I-601 Affidavit for friends and family cover and sample

10:45 am – 12:45 pm: Legal Grounds of Inadmissibility and Associated Waivers for Marriage Based Immigrant Visas

  • You will use popular resources to quickly ascertain current substantive and procedural requirements for the marriage based immigrant visa waiver for the following grounds of inadmissibly.

10:15 am – 10:30 am AM Break

  • 3 or 10 year bar due to previous unlawful presence in the United States INA section 212(a)(9)(B)
  • Criminal grounds of inadmissibility INA section 212(a)(1)
  • Immigration fraud and misrepresentation INA section 212(a)(2)
  • Alien Smuggler INA section 212(a)(6)(E)
  • Kurzban – Grounds of Inadmissibility 212(a) Persons Ineligible for Visas and Admission (pages 68-175)
  • Provisional Waiver Guide
  • AILA Annual Conference recording

12:45 pm – 1:45 pm: Lunch Break

1:45 pm – 3:45 pm: Preparing the Case – INA §212(a)(9)(B) Unlawful Presence and Waivers

We roll up our sleeves and prepare actual cases for submission. We review the necessary documents and complete the mandatory USCIS forms.

  • Overview of USCIS and Dept of State Websites
  • I-601 Form and Instructions
  • I-601A Form and Instructions
  • Sample Qualifying Relative Waiver Statement Sally Mason (transcription style)
  • Sample I-601 Psych evaluation redacted 17 pages
  • Sample Immigrant Waiver Statement
  • 601 Transmittal letter to USCIS
  • 601 Exhibit list

3:45 am – 4:00 pm: PM Break

4:00 pm – 5:30 pm: Decision and Appeal Process

  • We review best and worst case scenarios after receiving our final decision on our case.
  • 601 Denial letter
  • I-290B Instructions
  • I-290B Form
  • Discussion of Federal court jurisdiction

5:30 pm: Conclusion of Program