Category: US Immigration Law

601 Waiver of Inadmissibility

Couple on couch reading with 601 Waiver if Inadmissibility over their head.

If you are trying to adjust your status and have been found or are likely to be found inadmissible, then you may need a 601 waiver. Form I-601 is an “Application for Waiver of Grounds of Inadmissibility.” This is critical for foreign nationals who might otherwise be barred from entering or staying in the United States (U.S.) due to certain immigration violations, such as misrepresentation unlawful presence.

What is a 601 Waiver?

A 601 Waiver is an application that allows individuals who have been found inadmissible to the U.S. to seek forgiveness for their immigration violations under specific circumstances. The waiver doesn’t remove the violation; rather, it gives the person a chance to prove that they should be allowed to remain or return to the U.S. based on hardship that would be experienced by their U.S. citizen or lawful permanent resident family members.

This waiver is typically used when someone is inadmissible due to:

  • Unlawful presence (being in the U.S. without legal status for a period exceeding the allowed stay).
  • Fraud or misrepresentation (providing false information on immigration forms).
  • Criminal convictions (certain criminal offenses that can make someone inadmissible).

The purpose of the 601 Waiver is to allow for forgiveness, ensuring that applicants can stay with their families in the U.S. if their removal would cause extreme hardship to their loved ones, often U.S. citizens or green card holders.

Qualifying Relative and Hardship

Not everyone who has a violation or is facing deportation is eligible for a 601 Waiver. The eligibility criteria is specific and requires that the applicant demonstrate certain conditions:

  1. Qualifying Family Member: The waiver can be granted only if the applicant can prove that their removal from the U.S. would result in extreme hardship to a qualifying family member, such as a spouse or parent who is a U.S. citizen or lawful permanent resident. The hardship must go beyond the usual difficulties families face when separated.
  2. Evidence of Hardship: Applicants must provide clear evidence of the hardship that their family members would face if forced to leave. They should also provide evidence of the hardship their qualifying family member would face if they had to accompany them to the foreign national’s home country. This can include financial, emotional, medical, and psychological factors that would make the family member’s life significantly more difficult without the applicant’s presence.

How to Apply for a 601 Waiver

The process for applying for a 601 Waiver is lengthy and involves multiple steps. First, applicants must submit Form I-601 to the U.S. Citizenship and Immigration Services (USCIS), along with the appropriate supporting documentation.

  1. Documenting Hardship: One of the most critical parts of the application is proving the hardship that your U.S. citizen or lawful permanent resident family members would face if the waiver is not granted. This can include medical records, financial documents, and testimonies from medical professionals, family members, or others familiar with the situation.
  2. Review and Decision: Once the application is submitted, USCIS will review the request and decide whether to approve or deny the waiver. Processing times can vary widely, and it’s not uncommon for the process to take several months or even years.

Importance of Legal Representation

The 601 Waiver process can be complicated and overwhelming, especially for applicants who may already be dealing with the emotional toll of family separation. Having an experienced immigration attorney can make a significant difference in the likelihood of success. Legal professionals can help applicants understand the specific requirements, gather the necessary documentation, and navigate the often confusing process to maximize the chances of approval.

If you would like to know more information about whether you should apply for a waiver, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of February 11, 2025

Immigration Tips after the 2025 Executive Orders

Red Cards for ICE

In the past week and a half, several Executive Orders and the Laken Riley Act have been implemented, which impact U.S. immigration in the United States. The purpose of this article is to give you general resources and tips on navigating U.S. immigration in the wake of the 2025 Executive Orders. Please note that a lot is changing quickly in U.S. immigration, so although this article is updated as of the date of publication, please refer to the American Immigration Lawyer’s Association (AILA) website for the most recent updates.

RESOURCES:

Previously, we posted flyers from AILA on what one’s rights are if ICE shows up at their door. “Red Cards,” which can be slid under the door to ICE agents, are also included, above. Please feel free to distribute these throughout your community.

Here is the public AILA link, which is helpful for staying on top of immigration updates that may impact you or your loved ones: Tracking Notable Executive Branch Action during the Second Trump Administration

GENERAL TIPS:

At this time, we are recommending the following:

  • Exercise extreme caution before making the decision to travel outside of the continental United States unless you are a US Citizen or a Green Card Holder. If you are undocumented, then we do not recommend that you travel via airplane at all. If you urgently need to travel outside of the United States and are on a nonimmigrant visa, please schedule a call with your immigration attorney before you travel.
  • Carry evidence of your legal status with you at all times.
  • If you have a petition or application pending, please carry evidence of that at all times.
  • If an attorney is actively working on your case, please keep their name and phone number with you at all times.
  • If you are currently in the United States via a parole program (including Uniting for Ukraine and CHNV) or TPS, speak with your immigration attorney or schedule a consultation with an immigration attorney immediately.

If you are a current client and have questions or concerns, please email the attorney assigned to your case.

If you have any questions about your status, then our experienced immigration lawyers are here to help you. You may register for a consultation by calling 970-680-1223 or scheduling a consult online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of February 3, 2025

Employer Rights and Responsibilities: HSI Worksite Enforcement Actions

Flyer on Employer Rights and Responsibilites: HSI Worksite Enforcement Actions

Preparation is crucial when it comes to an immigration worksite enforcement action (HSI Worksite Enforcement Actions).

Even if you carefully verify the work authorization of all your employees, Homeland Security Investigations (HSI), a federal law enforcement agency within the Department of Homeland Security (DHS), may still investigate your workplace based on a lead, complaint, or other factors.

If you do not have a worksite enforcement action plan in place, you should consult with a qualified immigration attorney to ensure that you are prepared in the event of an unannounced federal law enforcement visit.

In the meantime, if HSI arrives at your workplace, the American Immigration Lawyer’s Association has released the following flyer to aid you.

If you are an employer and would like to discuss your rights and responsibilities in preparation of a potential HSI workforce action, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of January 27, 2025

Statement on the January 20, 2025 Executive Orders

Executive Order Announcement

We understand that there is a lot of fear regarding the new administration and the executive orders that were published this week. 

It will take some time to interpret these orders and how they may impact our clients and immigrant communities. Please bear with us as we work with our colleagues at the American Immigration Lawyers Association to assess them and their potential impact.

Rest assured that lawsuits have already been filed against President Trump by multiple states and the ACLU.

At AVA Global we will continue to fiercely advocate for our clients and stand up for the immigrant community.

Form I-751 – How to Remove Green Card Conditions

Telephone with alarm reminding to remove Green Card Conditions by filing Form I-751

If you have recently gotten married and applied for a green card based upon your marriage, then you most likely have received a conditional green card. Conditional green cards are valid for two years. In order to remove your conditions, you must file Form I-751, Petition to Remove Conditions on Residence BEFORE your conditional green card expires. In this article, we will explain how to successfully navigate the removal of conditions process on marriage-based green cards.

Form I-751 – What is it?

Conditions are typically imposed on individuals who apply for a green card based upon their marriage but were actually married for less than two years when the green card was approved. Foreign nationals who have recently gotten married and applied for a green card based upon that marriage will need to apply to remove their conditions by using Form I-751. If you have been issued a conditional green card, but do not file Form I-751 then you could lose your green card status and end up in deportation proceedings; therefore, it is imperative to file Form I-751 on time.

Form I-751 Timeline

You should file Form I-751 during the 90-day window before the expiration of your conditional green card. If you file your application too early or too late, then complications can arise, so it is important to carefully track the appropriate window of time for filing.

It is important to note that if you miss the deadline, then you can still file Form I-751; however, you should add an additional explanation and submit evidence explaining why you missed the deadline. As late submissions are subject to additional scrutiny, we highly recommend avoiding late filing if you can.

Who Should File Form I-751?

Usually, Form I-751 is filed jointly by both you and your spouse; however, there are exceptions to the joint filing requirement in cases where:

  • Your spouse has passed away.
  • The marriage has ended in divorce.
  • You or your child were subjected to abuse by your spouse.
  • Termination of your status would result in extreme hardship.

If you’re filing under one of these exceptions, then you can request a waiver of the joint filing requirement.

Evidence Required for Form I-751

When you file Form I-751, it is important that you include supporting documentation to prove that your marriage was bona fide and entered into in good faith rather than for immigration purposes. Some samples of documentation we typically recommend to be included:

  • Joint bank account statements
  • Mortgage or lease agreements with both names
  • Insurance policies (health, car, life, homeowners, renters, etc.) listing both spouses
  • Birth certificates of children born into the marriage
  • Photographs from family events and trips
  • Affidavits from friends and family attesting to the authenticity of the marriage

If you are filing with a waiver, then you will need to provide additional evidence that supports your situation. For example, a death certificate, divorce decree, or documentation of abuse.

Filing Form I-751 to remove conditions from your green card is a critical step toward securing your permanent residency. While the process can seem daunting, understanding the requirements and being well-prepared can make it much more manageable. If you encounter any challenges or have concerns about your case, consulting an experienced immigration attorney can provide valuable guidance and peace of mind.

At AVA Global, we have helped numerous clients file Form I-751 to remove their conditions. If you would like to discuss removing the conditions on your green card, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of January 16, 2025

WARNING: Beware of Immigration Intent!

Sign stating immigration intent with a megaphone

When applying and traveling to the United States on a nonimmigrant visa, the traveler cannot have the “preconceived intent” (aka immigration intent) to stay permanently in the United States.  If the applicant’s original intent is to remain in the United States and apply for residency or adjust status, then it can result in serious consequences, including being charged with committing fraud or misrepresentation on your original nonimmigrant visa application!

What is Immigration Intent?

Immigration intent refers to an applicant’s stated and demonstrated intentions regarding their stay in the United States. Different visa categories require applicants to prove specific types of intent, which influences how immigration officers evaluate their applications. Broadly, immigration intent is divided into two categories:

Immigrant Intent: This pertains to individuals who aim to move permanently to the United States and includes family-sponsored and employment-based green cards.

Non-Immigrant Intent: This applies to individuals who intend to visit the United States temporarily. Examples include tourists, student, and business visitors. For a nonimmigrant visa, applicants must demonstrate that they have ties to their home country and intend to leave the United States the expiration of their visa.

Why Does Immigration Intent Matter?

United States immigration laws are designed to ensure that individuals use the appropriate visa pathways for their intended purpose; therefore, if an applicant’s actions or documentation suggest a mismatch between their visa application and their true intentions, this can result in visa denial, revocation, or even long-term bans.

Consequences of Mismatching Intent

Immigration officials do understand that sometimes unexpected things happen, which result in a change of circumstances that necessitate a person to remain in the United States and adjust status; however, please note that after applying for residency, government officials will examine your original intent when you applied for your nonimmigrant visa.  If they decide that you lied on your original application, they can deny your immigrant visa petition and subject you to a permanent ban from having a petition approved on your behalf in the future.  While certain waivers exist to ask the government to “forgive” the fraud/misrepresentation, not everyone will qualify for a waiver and they can be difficult to obtain.

If you are interested in visiting or moving to the United States, and need more clarification on immigration intent or other immigration advice, you can schedule an appointment with us online. You may also call us at (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

Current as of January 6, 2025

My Visa was Denied! Am I eligible for a Nonimmigrant Visa Waiver?

Woman in front of a laptop looking confused about Nonimmigrant Visa Waivers

If you are seeking entry into the United States and have been or are likely to be found inadmissible, then you may want to consider applying for a Nonimmigrant Visa Waiver under Section 212(d)(3) of the Immigration and Nationality Act (INA). This article will explain what a Nonimmigrant Visa Waiver is and how our firm can help you apply for one.

INA Section 212(d)(3)

INA Section 212(d)(3) allows individuals who have been found to be inadmissible under U.S. immigration law to apply for a waiver that grants them temporary entry into the United States as nonimmigrants. Unlike immigrant visas, which are for permanent residence, nonimmigrant visas are intended for temporary reasons, such as tourism, business, education, or medical treatment.

It is important to note that this waiver is discretionary because the U.S. government must evaluate each application on a case-by-case basis, where it weights the potential risks against the merits of granting entry; therefore, there is no guarantee that anyone will actually receive an approval on their waiver application.

Inadmissibility

If you have been found inadmissible to the United States, it means that you have done something that is in violation of the INA and therefore cannot enter the United States. There are several grounds that can render a visa applicant inadmissible. Some common ones are:

  • Criminal convictions: Crimes involving moral turpitude, drug offenses, or other serious violations.
  • Health-related issues: Certain communicable diseases or failure to meet vaccination requirements.
  • Immigration violations: Overstays, prior removals, or misrepresentation.
  • Security concerns: Links to terrorism or espionage.

Fortunately, the 212(d)(3) waiver offers a way to overcome these barriers temporarily.

Applying for a Nonimmigrant Visa Waiver

A 212(d)(3) waiver is available to most individuals applying for a nonimmigrant visa, as long as they can demonstrate a legitimate reason for their visit and that they have no intention of overstaying their visa.

To apply for a 212(d)(3) waiver, a visa applicant must go through several steps, including:

  • File a Visa Application: The applicant must first apply for the appropriate nonimmigrant visa through a U.S. embassy or consulate.
  •  Attend the Visa Interview: During the visa interview, the consular officer will identify any inadmissibility issues. If any are present, the consular officer may recommend a waiver and forward the case to the Admissibility Review Office (ARO) for review.
  • Supporting Documentation: Visa Applicants should be prepared to provide compelling evidence in support of their application, including outlining the purpose of their visit, their ties to their home country and evidence to appropriately address the inadmissibility grounds.

Processing Times and Challenges

Processing times for 212(d)(3) waivers vary but often take several months. If the case is complex, then it can take even longer which is why it is important to present a well-prepared application.

How AVA Can Help

Navigating the 212(d)(3) waiver process can be daunting, but experienced immigration attorneys can significantly improve your chances of success by identifying potential challenges and helping you craft a strategy to address areas of inadmissibility.

At AVA, we help our clients file their visa applications and prepare them for the interview. If a waiver is needed, then we ensure that all supporting evidence is complete and persuasive. We also liaise with US Consular officers on behalf of our clients so we can best advocate for them.

If you have any questions about inadmissibility or 212(d)(3) waivers, then our experienced immigration lawyers are here to help you. You may register for a consultation by calling 970-680-1223 or scheduling a consult online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of January 2, 2025