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