The Department of Homeland Security has partially vacated the 2024 Temporary Protected Status (TPS) designation for Haiti.
If it is not re-designated by June 4th, then it will end on August 3, 2025, rather than the original date of February 3, 2026, which means that Haitians currently living and working in the United States on TPS will lose their status.
What is TPS?
TPS is designated for a country when conditions are so terrible that it would be inhumane to make citizens return to that country.
Why was TPS designated for Haiti?
Since 2021, the United Nations has detailed the crisis in Haiti, including gang violence, mass displacement of people, rape, kidnappings and murder.
If you are a Haitian currently present in TPS status in the U.S. and would like to discuss your situation with a U.S. immigration attorney, please reach out to us at 970-680-1223 or via our website at www.aspirevisaattorneys.com.
*Shared for general information purposes and is not legal advice. Engagement with this post doesn’t create an attorney-client privilege.
Humanitarian parole is a temporary entry into the United States (U.S) granted by the United States Citizenship and Immigration Services (USCIS) for individuals who are otherwise ineligible for entry into the U.S. It is not a visa, but can be a lifeline for individuals who are in life-threatening situations, have medical needs, or need to be in the U.S. for family purposes.
A parole status is only granted for a limited period of time, typically, up to one year. Although individuals can apply for statuses or other immigration benefits while in the U.S on humanitarian parole, it does not provide a pathway to citizenship, permanent residency or work authorization.
Who can apply for parole?
Humanitarian parole can be used in a variety of situations, some of the most common ways to be eligible for humanitarian parole include:
1- Medical Emergencies: If an individual is in need of medical treatment that is not available in their home country, they may be eligible for parole.
2-Family Reunification: In cases where families are separated due to humanitarian crises (such as natural disasters or conflict), parole may be authorized to temporarily reunite families in the U.S.
3-Witnesses and Victims of Crime: Individuals may also be eligible for parole if they have been victims of certain crimes or who are providing testimony for civil or criminal cases.
4-Refugees or Victims of Violence: To escape imminent harm, individuals who are fleeing dangerous situations such as those facing cultural, political or religious threats may be eligible for parole.
5-Special Circumstances: This could include an individual who is in need of parole due to the a specific event or activity with notable public benefit such as humanitarian work, assisting in investigations or diplomacy and medical procedures.
Benefits of Humanitarian Parole
Despite parole only being available for a temporary period, it does have certain benefits for individuals in dangerous and desperate situations. Some of the benefits include:
Medical Access: Parole provides an opportunity for individuals who need urgent medical care that might not be available in their home country.
Protection from Imminent Harm: Parole can help individuals escape from life threatening or dangerous situations creating a sanctuary in the U.S.
The Process of Applying For Parole
To apply for Humanitarian Parole, an individual must submit Form I-131 (application for travel document) and Form I-134 (declaration of financial support) to USCIS along with a supporting statement that outlines the dire and urgent need for entry into the U.S.
The application should include:
1-Detailed Explanation: A thorough explanation of why parole is being requested, including the nature of the emergency or humanitarian process.
2-Supporting Documentation: This may include medical records, news reports, affidavits from individuals who can attest to the applicant’s circumstances, or any other evidence that supports the claim of urgent humanitarian need.
It can take several months and even years for USCIS to respond to a humanitarian parole application. If the request is urgent, then one should consider filing an expedite request.
Humanitarian parole is an opportunity for individuals to obtain entry into the U.S when in a dire situation, which is approved if it contains eligible factors. Parole is considered on a case-by-case basis. It will be granted if all the evidence concludes that the individual is in an urgent situation and if there are urgent humanitarian or significant public benefit reasons for the beneficiary to be in the United States.
At AVA Global, we have helped many, many clients file for Humanitarian Parole. If you would like to discuss whether Humanitarian is right for you or a loved one, 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.
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:
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.
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.
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.
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.
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.
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.
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:
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.
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.
What does that mean, exactly? That today we proudly celebrate the resilience, courage and contributions of millions of migrants around the world.
After all, migration is the story of hope and a testament to the human spirit seeking better opportunities, safety, and connection.
And while we are celebrating migrants, let’s think of the ways we can get involved to create a world where everyone, regardless of their journey, feels valued and supported.
Here are some ideas to get you started:
Volunteer with an organization that serves migrants.
Share stories of migration that inspire hope and understanding.
Support local migrant-owned businesses.
Advocate for fair policies that are inclusive of migrants.
Together, we can build a future where everyone belongs!
At AVA Global, we work extensively with people who are seeking status in the United States for humanitarian reasons, including asylum and humanitarian parole and offer our services on sliding scale fees.
If you would like to discuss humanitarian immigration options, 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.
This article will you give you tips and will help you prepare for your marriage-based green card interview with USCIS.
If you have filed for a marriage-based green card and have received a notice to appear for an interview with the United States Citizenship and Immigration Services (USCIS), you and your spouse may be feeling quite nervous. This article will help you prepare for that interview by outlining AVA Global’s key steps and tips for a successful marriage-based green card interview.
Step 1: What is the Purpose of the Interview?
If you have been called in for an interview, then the primary goal is for the USCIS officer to evaluate the authenticity of your marriage and assess whether you are eligible for a green card. It is important to remember that the officer will be on the look out for marriage fraud, so s/he will want to ensure that your marriage is genuine and was not entered into solely for immigration benefits. The USCIS will evaluate your relationship through your testimony, documentation, and overall demeanor; therefore, demonstrating an authentic and committed relationship is absolutely critical to the success of your green card application.
Step 2: Gather Essential Documentation
When you are notified, via mail, that you need to appear for an interview, there will be an extensive list of evidence included on the notice that USCIS will expect you to bring. We highly recommend that you organize those items in a binder and familiarize yourself with where they are located so you can easily access them during the interview. The following list of documents are commonly requested, but please note that you should carefully read your interview notice to ensure that you bring everything the government requests.
Government-Issued IDs: You should bring a government-issued ID, including passports, driver’s licenses, and any work permits that have been issued.
Original Documents: You most likely submitted copies of original documents, so you should bring the originals to the interview, including birth certificates, marriage certificate, and any prior divorce decrees.
Proof of Bona Fide Marriage: You may have submitted evidence that your marriage was bona fide with your application, but it is important to bring updated evidence such as joint bank statements, your most recent tax return showing you filed married, a joint lease, mortgage or title, joint insurance policies, photographs of important milestones, joint travel itineraries, birth certificates of your children and anything else that shows you live a joint life, together.
Forms: Bring a copy of all the forms and evidence that was submitted for your green card application.
Step 3: Carefully Review Your Application
It is important to note that any discrepancies can cause red flags, so it is imperative that you and your spouse carefully review the application that you submitted for the green card application. Go through the supporting documents one by one and make sure you are familiar with all the details, including the timeline of your relationship, key dates and other personal information.
Step 4: Prepare and Practice Answering Questions about your Relationship and Future
USCIS officers often ask detailed questions to confirm the authenticity of your marriage. Sometimes, they can come across as a bit aggressive and ask the same question in a few different ways to assess your body language and ensure that your story does not change. Remember, they are on the lookout for fraud, so it is essential that you are prepared to answer questions about your relationship, including:
How did you meet each other?
Where was your first date?
How did you fall in love?
How did the engagement proceed?
What sort of wedding ceremony did you have?
What is your relationship like with other members of your family and friends?
What is your daily routine like?
What are your future plans?
While it is not possible to predict every question, practicing answering questions with your spouse can help you feel more prepared and at ease during your interview.
Step 5: The Interview Details
Double check that you know the exact date, location and time of your interview and that you have the interview notice as well as all the documents requested. If you need a translator, then make sure you make arrangements to bring one that complies with USCIS guidelines.
We highly recommend arrived at least 30 minutes before your interview time as you will need to go through security and check in procedures. It is also important to dress appropriately to convey respect and professionalism.
Step 6: The Interview
Usually, the interview will begin with you and your spouse being interviewed together. If the officer suspects marriage fraud, then they may separate you and interview each of you on your own. If you don’t know an answer to the officer’s question, then it’s better to say that rather than to guess or provide inaccurate information.
The officer will not only listen to your answers, but s/he will also pay attention to your body language. Be sure to make eye-contact and be respectful at all times.
Sometimes, certain factors, such as an age gap, cultural or religious differences or short dating periods, may prompt additional scrutiny from the officer. Be prepared to sincerely explain the circumstances surrounding any of these issues.
Step 7: After the Interview
At the end of the interview, the USCIS officer may provide immediate feedback or inform you that further review is needed. If additional documents are requested, it is important to respond promptly. Processing times very, so be patient while you wait for a response and understand that most notices will come via mail.
If you’re uncertain about any aspect of the interview process or your case involves unique challenges, consulting with an experienced immigration attorney is highly recommended. An attorney can help you identify potential issues, provide mock interview preparation, and guide you through the process. At AVA Global, we include thorough interview preparation as part of our full-service marriage-based green card package.
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.
