SUBJECT-MATTER INDEX THE WAIVERS BOOK: ADVANCED ISSUES IN IMMIGRATION LAW PRACTICE, SECOND EDITION

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1 SUBJECT-MATTER INDEX THE WAIVERS BOOK: ADVANCED ISSUES IN IMMIGRATION LAW PRACTICE, SECOND EDITION A Absent client communication, Abused women and children. See Domestic violence victims; Violence Against Women Act (VAWA) Accommodation physically or mentally disabled applicants, Adjustment of status (AOS) as admission, 6 benefits adjudication, digest of cases, consular processing abroad vs., 7, employment-based petitions, application of INA 245(k), excused vs. not excused violations, failure to maintain lawful status, historical background, less than 180 days of status violations following admission, scope of INA 245(k), technical violations, 313 unauthorized employment, 311 LPRs and bar due to aggravated felony bar and continuous residence requirement, misrepresentation or fraud in, 142, 145 nunc pro tunc waiver, unlawful presence waiver and INA 245(i) protection, 164 Admissibility Review Information System (ARIS) trackable, electronic waiver review system, 245 Admissibility Review Office (ARO) Canadian visas, consular posts, waiver requests submitted to, Admission background history, 5 6 lawful admission, LPRs, after admission in any status, 35 misrepresentation or fraud at time of, VAWA waivers, 340 otherwise admissible, , 305 status violations within 180-day period following, unlawful presence waiver and, Advanced Parole not deemed departure, 219 AEDPA. See Antiterrorism and Effective Death Penalty Act Affidavits exceptional and extremely unusual hardship, Form I-192 sample affidavit, VAWA self-petitioners, 334, 337, 339 Aggravated felonies bars to INA 212(h) waiver, bars under IMMACT90, 64 smuggling, Aging-out 388 Alcohol-related offenses significant criminal record of alcoholrelated driving incidents, Alien smuggling. See Smuggling American Immigration Council Special Report, A Guide to Children Arriving at the Border: Laws, Policies and Responses, 388 Anti Drug-Abuse Act of 1986 passage of, 3 Antiterrorism and Effective Death Penalty Act (AEDPA) bar for aggravated felonies, 63, 66 INA 212(c) relief, 31, 66 legislative changes of, 4, 64, 66 AOS. See Adjustment of status Appeals 457

2 ARO. See Admissibility Review Office consular waiver, 250 unlawful presence waiver, 173 ARO. See Admissibility Review Office Asylees. See Refugees and asylees Attorney-client relationship misrepresentation or fraud as grounds of inadmissibility, 134 B Bars to INA 212(h) waiver, permanent bar under INA 212(a)(9)(C), three- and ten-year bars, 10, 15 16, 159, 363, 407 Battered Immigrant Women Protection Act of See Violence Against Women Act (VAWA) Battered women. See Domestic violence victims; Violence Against Women Act (VAWA) Benefits adjudication adjustment of status, digest of cases, discretion in, defined, 432 substantive factors, issues to consider, 433 practice tips, , 447, 451 procedural considerations, requests in LPR cancellation, 40 review of discretionary decisions, limitations on judicial review, standards of review, C Cambodia refugees, medical screening of, 257 Canadian Border Crossing Cards (CBCCs) elimination of program, 402 Canadians Admissibility Review Office role, applying at U.S. consulate, expedited removal at land border POE, Form I-192, , filing checklist, 421 Form I-212 waiver application, 240, 411 inadmissibility, 399, criminal grounds, sample memoranda in support of NIV waiver application, zero tolerance program legacy for customs violators, validity period for nonimmigrant waivers, Cancellation of removal generally, grounds for relief, for LPRs, 17 18, See also Lawful permanent residents for non-lprs, 18 19, 32, abused women and children, annual cap, 61 continuous presence, convictions, 53 54, 59 exceptional and extreme hardship to citizen or LPR spouse, parent, or child, 55 57, good moral character, 51 53, 59 procedural strategy, 61 stop-time rule, 50 51, 59 waivers, unaccompanied minors, 395 VAWA, 57 58, Caps on LPR cancellation of removal or adjustment of status, 61 quota system after World War I, 2 CDC Form Form I-601 application and, 280 Centers for Disease Control. See Healthrelated grounds Central American Minors Program expansion of, 388 Change of status (COS) effect of waiver validity period on, 251 lawful status and, 238 Checklists Canadians filing Form I-192, 421 INA 212(c) grounds for relief, INA 212(h) waiver, list of supporting documents, LPR cancellation exhibits, mental disorders, supporting documentation for waivers, The Waivers Book (2017 Ed.)

3 SUBJECT-MATTER INDEX Criminal and related grounds refugees and asylees, documents for waivers, U visas, Form I-192, 369 Child abductors, international inadmissibility, 10 no waiver, 16 Child Citizenship Act of 2000 legislative effects of, 4 Child clients abused. See Domestic violence victims; Violence Against Women Act (VAWA) communication, See also Special Immigrant Juvenile Child Status Protection Act of 2002 (CSPA) Legislative changes of, 5 Child support record requests in LPR cancellation, 39 Chinese Exclusion Act of 1882 effect of, 2 CIMTs. See Crimes involving moral turpitude Citizenship false claims to U.S. citizenship, Communicable diseases exclusion based on, 2 as health-related grounds, list of diseases, vaccinations against. See Vaccination requrements VAWA waivers, 11 12, waiver of inadmissibility, 11, Communication absent client, child clients, 27 with clients and witnesses, cultural concerns, 26 emotional displays, 25 gender concerns, 26 listening, managing a client who wants to control interview process, 23 mental health professionals role, non-verbal, omissions or lying by clients, silence, 25 simple terms, explanations in, 23 welcoming environment, 22 Conditional discharge Canadian convictions, Consular processing adjustment of status vs., 7 appeals of denied or revoked waivers, 250 Canadians applying at U.S. consulate, health-related inadmissibility, length of validity of waiver and extension of stays, misrepresentation or fraud in, 141, 147 nonimmigrant waivers handled by, provisional unlawful presence waiver expansion, sample letter arguing inadmissibility issues, Continuous presence cancellation of removal for non-lprs, Continuous residence of seven years bars to INA 212(h) waiver, 88 cancellation of removal for LPRs, Convention Against Torture claims by unaccompanied minors, 395 Convictions of aggravated felonies as bars to INA 212(h) waiver, cancellation of removal for LPRs, 17 cancellation of removal for non-lprs, 18, 53 54, 59 defined, 53, 359 juvenile delinquency decisions as, 53 in LPR cancellation involving, 39 smuggling, no conviction necessary, VAWA waivers, Crimes involving moral turpitude (CIMTs) Canadian convictions, 408 exclusion based on, 2 INA 212(h) waiver for, non-lprs, cancellation of removal, smuggling, no moral turpitude, 294 U visas, 359 waiver for, 14, Criminal and related grounds See also Convictions aggravated felonies. See Aggravated felonies Canadians, grounds of inadmissibility, Copyright American Immigration Lawyers Association. 459

4 Cuban Refugee Adjustment Act (CRAA) crimes more than 15 years old INA 212(h) waiver for, waiver for, exclusion based on, 2 heightened standard for, IIRAIRA changes to laws, inadmissibility, 7 8 U visas, heightened standard for, violent or dangerous crimes. See Violent or dangerous crimes waivers of inadmissibility, Cuban Refugee Adjustment Act (CRAA) domestic violence victims, Cultural concerns in communication with clients, 26 D Defered Action for Childhood Arrivals (DACA) advance parole departures, 219 legislative changes of, 5 Departure advance parole not considered as, 219 followed by return without entering another country, no admission occurred, 6 unlawful presence waiver and, Deportation. See Removal Diagnostic and Statistical Manual for Mental Disorders (DSM) mental disorders, 272, 274 substance abuse criteria, 274, Disability. See Mental disorders; Physical disorders Discretion in benefits adjudication, See also Benefits adjudication consular discretionay waiver. See Consular processing extreme hardship decision, Hranka factors. See Hranka test INA 212(h) waiver, INA 212(k) waiver, 300 lawful permanent residents (LPRs), misrepresentation or fraud as grounds of inadmissibility, 146 in procuring visa or entry, Diseases. See Communicable diseases Documentary requrements denial of visa application based on, 7 INA 212(h) waiver, supporting documents to prove hardship of qualifying relatives, 93 to prove rehabilitation, to show good moral character, 94 Domestic violence victims See also Violence Against Women Act (VAWA) cancellation of removal of abused women and children, Cuban Refugee Adjustment Act (CRAA), Haitian Refugee Immigrant Fairness Act (HRIFA), Nicaraguan and Central American Relief Act (NACARA), U petitions and waivers, Drug possession Canadian inadmissibility due to zero tolerance program legacy, drug paraphernalia, impliations of, 7879 waiver for marijuana, 14, The Waivers Book (2017 Ed.) E Ebola World Health Organiztion no longer requiring notification, 257 El Salvador 394 Emotional displays communication with clients, 25 Employment-based petitions adjustment of status, See also Adjustment of status Entry definition of, illegal entry, knowingly encourage, induce, assist, abet, or aid with, 292 Equal Protection Clause bar to 212(h) waiver, 88 Exceptional hardship. See Extreme hardship Executive Office of Immigration Review (EOIR) hardship factors for VAWA waivers,

5 SUBJECT-MATTER INDEX Form I-360 Expedited removal Canadians at land border POE, Form I-601A and, 222 Expert witnesses misrepresentation or fraud as grounds of inadmissibility, 151 Extension of stay (EOS) consular processing of waiver and, lawful status and, 238 misrepresentation in connection with, 142 Extreme hardship cancellation of removal for non-lprs, 19, 55 57, concurrent waiver on discretionary decision under INA 212(a)(9)(A)(iii) and (9)(C)(ii), 235 discretionary decision under INA 214(l), 217 factors to determine, 13, , INA 212(h) waiver, refugees and asylees, relocation vs. separation, successive waiver on discretionary decision under INA 212(a)(9)(A)(iii), unlawful presence waiver, VAWA waiver, 13, F False claims to U.S. citizenship immigrant visas, waivers for, Family-based visas qualifying relative, unlawful presence waiver, death of qualifying relative, 217 Family relationship cancellation of removal for LPRs, cancellation of removal for non-lprs, evidence, hardship to children or spouse. See Extreme hardship; Hardship misrepresentation or fraud in procuring visa or entry based on, 117 smuggling, 296, 298 Family reunification 236 smuggling, 296, 298 Federal Bureau of Investigation (FBI) requests in LPR cancellation, 38 Fees Felonies. See Aggravated felonies; Criminal and related grounds Fingerprint requirements inability to fingerprint applicant, 286 FOIA. See Freedom of Information Act Foreign nationals cancellation of removal. See Cancellation of removal lack of documentation/technical difficulties, 15 unlawful presence waiver, Foreign residence inadmissibility, 8 J visas, 15 Form DS-2054 Medical Examination for Immigrant or Refugee Applicant, 267 Form EOIR-42A application for LPR cancellation, 37 Form EOIR-42B application for non-lpr cancellation, 61 Form I-192 Canadians filing, , checklist, 421 T visas, 220 U visas, 220 checklist for, 369 exhibits in support of, 371 sample affidavit, sample memorandum in support, Form I-194 Canadian nonimmigrant waiver, Form I-212 Canadian visitors needing to file, 240, 411 relief from INA 212(a)(9)(A) or (9)(C), 240 Form I-290B appeal of administrative denial to waiver, 173 Form I-360 Copyright American Immigration Lawyers Association. 461

6 Form I-601 Special Immigrant Juvenile Status (SIJS) supporting documents, 388, fees, filing concurrent I-485, 392 supporting documents, Form I-601 application for waiver of grounds of inadmissibility, evidence in support of, vs. Form I-601A, mental disorder waiver, 279 refiling and updating evidence during appeal, 173 sample cover letter , VAWA self-petitioners, 333 Form I-601A expansion of use, grounds of inadmissibility affecting, supporting materials, vs. Form I-601, Form I-602 refugees using, 241, 267, 317 Form I-693 vaccinations, 267 Form I-751 joint petition, I-751 waivers, Form N-400 filing Medical Certification for Disability Exeptions with, Form N-648 Medical Certification for Disability Exceptions, Fraud. See Misrepresentation or fraud Freedom of Information Act (FOIA) requests for ARO records, 406 requests in LPR cancellation, 38 G Gender concerns in communication with clients, 26 Global Migration and Quarantine (DGMQ) review of Form I-601 for mental illness and substance abuse waiver, Good moral character cancellation of removal for LPRs, 17 cancellation of removal for non-lprs, 18 19, 51 53, 59 defined, INA 212(h) waiver, supporting documents to show, 94 mental illness and, VAWA applications, Grounds for relief cancellation of removal, INA 212(c), applicability of, 63 64, checklist, letter to client, St. Cyr and impermissible retroactive application of law, 14, Guatemala The Waivers Book (2017 Ed.) H Haitian Refugee Immigrant Fairness Act (HRIFA) domestic violence victims, Hardship See also Extreme hardship cancellation of removal for LPRs, 17 INA 212(h) waiver, supporting documents to show, 93 misrepresentation or fraud as grounds of inadmissibility, 151 VAWA waivers, Health-related grounds accommodation requests, CDC advisory opinion, 281 Class A condition, , 263, 281 Class B consition, 255, 263 communicable diseases, See also Communicable diseases discretionary waiver by consular officer, fingerprint requirement, waiver of, 286 Form N-648, Global Migration and Quarantine (DGMQ), good moral character and, immigrant visas, waivers for, inadmissibility, 8 medical examinations, naturalization requirements, waiver of, 283

7 SUBJECT-MATTER INDEX INA 212(h) waiver physical and mental disorders, practice points, 282, 287 quarantine and isolation provisions, review of determination, 281 sexually transmitted diseases, tuberculosis, vaccination requirements, waiver of inadmissibility, 12, waiver of inadmissibility, waivers, Historical background of immigration laws, 2 5 HIV no longer ground of inadmissibility, 12, 270, 333 Homeland Security Act of 2002 unaccompanied minors, 386 Homeland Security Department (DHS) consent to establish jurisdiction over youth in federal custody, pre-hearing statement for LPR cancellation, 37 protection transfer agreement for unaccompanied children, 388 Honduras 394 Hranka test ARO adjudication, balancing test for determining eligibility for 212(d)(3) waiver, 10 11, 355 consulate processing and, 237 I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) deportability for crimes involving moral turpitude, 63 exceptional and extremely unusual hardship, 55 INA 212(c) relief, 31 legislative changes of, 4, 14 15, 66, 159 LPR cancellation, 31 non-lpr cancellation, 49 reinstatement of removal, unlawful presence bar, 159 Immigrant visas See also specific types of visas no waiver available, unlawful presence waiver, Immigration Act of 1990 (IMMACT90) bar to relief for aggravated felonies, 64 legislative changes of, Immigration and Nationality Act (INA) See also specific sections at INA relief from deportation, 3 structure established by, 3 Immigration Marriage and Fraud Amendments Act of 1986 passage of, 3 Immigration Nursing Relief Act of 1989 passage of, 3 Immigration Reform and Control Act of 1986 (IRCA) misrepresentation in obtaining visa, passage of, 3 INA 209(c) waivers generally, See also Refugees and asylees INA 212(a)(9)(A) & (9)(C) overview, permission to reapply for admission under, reentry trigger, standards for relief, unlawful status INA 212(c) relief generally, checklist, continuing challenges for practitioners, grounds for relief, legislative changes to, 31, 64 letter to client, prior to IIRAIRA passage, St. Cyr and non-lpr relief for cancellation of removal, INA 212(d)(3) waiver Hranka test, submission to consulate, 245 INA 212(d)(14) waiver U visas, See also U visas INA 212(h) waiver generally, bars to, aggravated felonies, Copyright American Immigration Lawyers Association. 463

8 INA 212(k) waiver continuous residence of seven years, 88 convictions of aggravated felonies, for crimes more than 15 years old, for crimes of moral turpitude, discretion, distinctions between LPRs and non-lprs, 87 documents to substantiate good moral character, 94 hardship of qualifying relatives, 93 rehabilitation, extreme hardship, issues particular to, for marijuana possession, nunc pro tunc waiver, for prostitution, 14, 76 sample declaration of client, sample supporting documents, stand-alone waiver, VAWA and, 79, INA 212(k) waiver generally, case studies, 304 eligibility, 300, federal court jurisdiction, 304 historical background, inadmissibility unknown and undeterminable, otherwise admissible, 305 presentation and analysis, procedure, INA 237(a)(1)(H) waiver generally, See also Misrepresentation or fraud effect of waiver once granted, 121 stretching, INA 245(k) waiver generally, See also Adjustment of status (AOS) Inadmissibility (overview) criminal and related grounds, 7 8 foreign residence, 8 grounds of, 7 10 health-related grounds, 8 miscellaneous grounds, 10 misrepresentation grounds, 8 not known and undeterminable through reasonable diligence, public charge grounds, 9 security and foreign policy grounds, 9 stowaways and smugglers, 9 technical defects in visas, 299. See also INA 212(k) waiver three- and ten-year bars, 10 unlawful presence, 9 10 waivers of, In-country relief Intellectual developmental disorder Form I-601 satement, 279 Intelligence Reform and Terrorism Prevention Act of 2004 legislative changes of, 4 5 International Organization for Migration protection transfer agreement for unaccompanied children, The Waivers Book (2017 Ed.) J J visas foreign residence requirement for, 15 Jean, Matter of (2002) heightened standard for criminal and security grounds, , 325, , refugees and asylees, waivers for, , 321, 323, 326 Joint petition I-751 waivers VAWA waivers, Judicial review benefits adjudication, Jurisdiction INA 212(k) waiver, , 388 Juvenile delinquency decisions as convictions, 53 K K visas 240 vaccination requirements, 271 Kenya refugees, medical sreening of, 257

9 SUBJECT-MATTER INDEX Misrepresentation or fraud L Lack of documentation immigrant visas, waivers for, 15 Landed immigrants. See Canadians Lawful permanent residents (LPRs) after admission in any status, 35 application preparation, information government already has, information nongovernmental sources already have, written evidence, need for client to understand, application procedure, cancellation of removal, 17 18, checklist of exhibits, sample cancellation case history, statutory requirements, 33 continuous residence, discretion, INA 212(h) waiver, 87 lawful admission, seeking new admission, 6 smuggling, waiver of inadmissibility for, stop-time rule, 32, Lawful status importance of, 213 Legal Immigration Family Equity Act (LIFE Act) extension of INA 245(i) protection, , 218 Lying by clients, M Marijuana possession INA 212(h) waiver for, 14, McCarran-Walter Act of See Immigration and Nationality Act (INA) Medical examinations health-related grounds, Medical graduates employment in federally-designated medically underserved area, 15 Mens rea smuggling, 296 Mental disorders harmful behavior, defined, 272 health-related grounds, medical documentation, oath, waiver of, 283, 285 post-entry evaluation report, 280 substance use, waivers of inadmissibility, 12, checklist for supporting documentation, Mental health professionals in communication with clients, misrepresentation or fraud as grounds of inadmissibility, psychological evaluation of, 150 Military service record requests in LPR cancellation, record requests in LPR cancellation, 40 Misrepresentation or fraud elements of fraud, 116 in family relationship petitions, 117 grounds of inadmissibility, 8, application of law, application preparation for waiver, attorney-client relationship, 134 challenge the fraud, definition of fraud, 136 as discretionary factors, 146 engaging adjudicator, 149 expert witness, 151 fact gathering, hardship, self-imposed, 151 hardship to children and spouse, 151 material facts, personalization of case, 151 proper refusal if truth had been known, psychological evaluation, 150 undocumented facts or unsupported assertions, 149 unpersuasive evidence, 151 waiver eligibility, 144 willfully misrepresenting material fact, immigrant visas, waivers for, 13 in procuring visa or entry, checklist for INA 212(c) relief, Copyright American Immigration Lawyers Association. 465

10 Moral character. See Good moral character document fraud under INA 212(d)(12) & 237(a)(3)(C)(ii), effect of waiver once granted, 121 favorable exercise of discretion, inadmissible at time of such admission, otherwise admissible, in possession of immigrant visa or equivalent document, relationship to qualifying family member, 117 nonimmigrant visas, waviers for, /60-day rule, violation of status, 141 timely retraction, 141 VAWA waivers at time of admission, , 335, 340 waiver for, Moral character. See Good moral character Murder per se bar to good moral character, 53 N National security anarchists, exclusion of, 2 inadmissibility for reasons of,9 no waiver, 16 U visas, heightened standard for, Naturalization exemption from oath, literacy, U.S. civics requirements for individulas with physical or mental impairment, Nazi persecutions no waiver, 16 Nicaraguan and Central American Relief Act (NACARA) domestic violence victims, stop-time rule, 50 Nonimmigrant visas Canadians, consular processing of waivers, Nonlawful permanent residents (non-lprs) cancellation of removal for, 18 19, 32, See also Cancellation of removal Non-verbal communication with clients, The Waivers Book (2017 Ed.) O Oath, waiver of physical or developmental disability or mental impairment, 283, 285 Office of Immigration Litigation Immigration Consequences of Criminal Convictions, 54 Office of Refugee Resettlement (ORR) children taken into federal custody referred to, 386 Omissions by clients, Omnibus Anti-Drug Abuse Act of 1988 passage of, 3 P Pardons Canadian convictions, removal proceedings, 39 Parole Not admission, 6 Permanent bar under INA 212(a)(9)(C) VAWA waivers, Physical disorders. See Health-related grounds Physicians authorized to perform medical examinations, 255 employment in federally-designated medically underserved area, 15 Police reports requests in LPR cancellation, Polygamists inadmissibility, 10 no waiver, 16 Post-conviction relief in LPR cancellation involving criminal conviction, 39 Post-traumatic stress disorder (PTSD) clients with, 29 Presence. See Unlawful presence Prior removal or deportation unlawful presence waiver, waiver after,

11 SUBJECT-MATTER INDEX adjustment of status applicants, asylees and refugees, 241 cancellation of removal, 241 discretion under Hranka, 237 immigrant visa application at U.S. consulate, in interest of family unity, humanitarian concerns, and public interest, 236 K visa applicants, 240 nonimmigrant visa applicants, 240 reinstatement s effect on in-country relief, Special Immigrant Juvenile,242 standards for relief, S visa, 176 temporary protected status, 219, 242 T visa, 220, 242 U visa, 220, 243 VAWA provisions, 242 Prostitution INA 212(h) waiver for, 14, 76 Psychologists. See Mental health professionals Public charge grounds HIV-positive individuals, 270 inadmissibility, 9 no waiver, 16 VAWA inadmissibility, Public Health Emergency of International Concern (PHEIC) diseases triggering, Public interest. See National security Q Quarantine health-related grounds, Quota system after World War I, 2 St. Cyr Refugees and asylees medical screening of, 257 no waivers for, frivolous applications, unaccompanied minors, 395 vaccination requirements, 12, 265, 271 waivers for, application process, client interview and analysis, document checklist, eligible applicants, extreme hardship, grounds of inadmissibility, 317 humanitarian reasons for family unity, hypothetical examples, Matter of Jean (2002), , 321, 323, 325, 326 tips for preserving, violent or dangerous crimes, Rehabilitation INA 212(h) waiver, supporting documents to show, Rehabilitation Act of , Reinstatement effect on in-country relief, Religious beliefs vaccination and, 12, 267 Religious workers INA 245(k), application to, 309 Removal See also Cancellation of removal generally, misrepresentation or fraud in proceedings, 145, 147 waivers of, 19 Retroactive application of law St. Cyr and non-lpr relief for cancellation of removal, 14, R Racism quarantine and, 269 Reckless disregard smuggling, Reentry trigger INA 212(a)(9)(C), Copyright American Immigration Lawyers Association. 467 S S visas St. Cyr impermissible retroactive application of law, 14, 67 70

12 Security issues. See National security Security issues. See National security September 11, 2001, terrorist attacks legislation subsequent to, 4 5 Sexually transmitted diseases health-related grounds, waiver of inadmissibility, Sexual offenders likelihood of recurrence of harmful behavior, 274 SIJS. See Special Immigrant Juvenile Status Silence of clients, 25 not misrepresentation, 140 Smallpox quarantine order, 269 Smuggling alien smuggling, aggravated felony, family reunification exception, 296, 298 no conviction necessary, no moral turpitude, 294 waiver, inadmissibility, 9, 291 Special Immigrant Juvenile Status (SIJS) access to legal counsel for unaccompanied youth, adjustment of status, aging-out issue, 388 child clients, concurrent jurisdiction of state and federal courts, , 388 eligibility requirements, fees involved, generally, filing for dependency/predicate order, legislative changes of Trafficking Victims Protection and Reauthorization Act of 2008 (TVPRA), preparing argument for dependency/predicate order, 391 prior removal or deportation, 242 procedure, Request for Specific Consent to Juvenile Court Jurisdiction, form to be filed with HHS, 387 scope of problem, supporting documents for I-360 application, waiver after prior removal or deportation, 242 inadmissibility, 389 Status violations within 180-day period following admission, Stop-time rule cancellation of removal for LPRs, 32, cancellation of removal for non-lprs, 50 51, 59 Stowaways inadmissibility, 9 Substance use/abuse See also Drug possession drug testing, DSM criteria for disorder, 274, identifying and classifying applicants for, significant criminal recod of alcoholrelated driving incidents, U visas and controlled substance offense, 359 waivers of inadmissibility, The Waivers Book (2017 Ed.) T T visas battered spuses and children qualifying for, establishment of, 4 misrepresentation or fraud in obtaining, waiver, 220 Tax evasion inadmissibility, 10 no waiver, 16 Tax returns requests in LPR cancellation, 39 Technical defects employment-based petitions, 313 waiver of technical defects in visas, 15, 299. See also INA 212(k) waiver Temporary protected status advance parole departures, , 242 Terrorism. See National security Three and ten-year bars

13 SUBJECT-MATTER INDEX Victims of Trafficking and Violence Protection Act of 2000 inadmissibility, 10, 15 16, 159, 407 U visas and, 363 TN status Canadian nonimmigrants, Tom Lantos and Henry Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 legislative changes of, 5 Track 3 processing LPR cancellation involving prior removal, 38 Trafficking Victims Protection and Reauthorization Act of 2008 (TVPRA) changes to Special Immigrant Juvenile Status (SIJS), Tuberculosis exclusion based on, 2 health-related grounds for inadmissibility, waiver of inadmissibility, U U visas battered spouses and children qualifying for, criminal grounds of inadmissibility, establishment of, 4 I-192 waiver checklist for, 369 exhibits in support of, 371 sample affidavit, sample memorandum in support, sample memorandum in support (minor immigration violations), misrepresentation or fraud in obtaining, , 243 waiver 220, heightened standard for criminal and security grounds, under INA 212(d)(3), cross-application of standards, 355 under INA 212(d)(14), practice tips for applying, in public or national interest, supporting evidence, U.N. Refugee Agency (UNHCR) protection transfer agreement for unaccompanied children, 388 Unaccompanied minors. See Special Immigrant Juvenile Status (SIJS) Unauthorized employment adjustment of status, 449 Unlawful presence See also Unlawful presence waiver defined, 161, inadmissibility, 9 10 VAWA exception, Unlawful presence waiver See also Form I-601 generally, admission, definition of, appeal of denial, 173 departure, type of, extreme hardship, immigrant visas, INA 245(i) protection, provisional waiver. See Form I-601A qualifying relatives, death of qualifying relative, 217 requirements for, statutory framework, unlawful presence, Unlawful status unlawful presence and, USA PATRIOT Act of 2001 legislative effects of, 4 Copyright American Immigration Lawyers Association. 469 V V visas vaccination requirements, 271 Vaccinations generally, refugees and, 12, 265, 271 religious beliefs, not required if contrary to, 12, 267 waiver of inadmissibility, 12, Victims of Trafficking and Violence Protection Act of 2000 See also U visas

14 Violence Against Women Act (VAWA) goals of, legislative changes of, 4 Violence Against Women Act (VAWA) cancellation of removal, 57 58, good moral character, INA 212(h) waiver and, 79, T petitions and waivers, unlawful presence exception, U petitions and waivers, waivers, affidavits, 334, 337, 339 communicable diseases, 12, criminal convictions, domestic violence, fraud and misrepresentation at time of admission, , 340 hardship factors, joint petition I-751 waivers, permanent bar under INA 212(a)(9)(C), procedure, visa fraud, 335 Violence Against Women Reauthorization Act of 2005 legislative changes of, 4 Violent or dangerous crimes higher standard of proof for 212(h) waiver, list of, refugees and asylees, waivers for, Visa fraud document fraud under INA 212(d)(12) & 237(a)(3)(C)(ii), effect of waiver once granted, 121 favorable exercise of discretion, inadmissible at time of such admission, otherwise admissible, in possession of immigrant visa or equivalent document, 118 relationship to qualifying family member, 117 VAWA waivers, 335 Visas See also specific types eligibility, generally, 6 7 fraud or misrepresentation in procuring. See Misrepresentation or fraud notation 212(d)(3), 281 waiver of technical defects, 299. See also INA 212(k) waiver Voluntary departure of foreign national for unlawful presence, 162 Voting, unlawful inadmissibility, 10 no waiver, The Waivers Book (2017 Ed.) W Waivers of inadmissibility generally, immigrant visas, See also specific types of visas criminal and related grounds, false claims to U.S. citizenship, foreign residence requirement for J-visa holders, 15 fraudulent misrepresentation, 13 health-related grounds, lack of documentation/technical difficulties, 15 no waiver available, unlawful presence, nonimmigrant visas, Willfully misrepresenting material fact misrepresentation or fraud as grounds of inadmissibility, Witnesses communication with, exceptional and extremely unusual hardship, World Health Organization International Statistical Classification of Diseases and Related Health Problems, 272 notification of communicable disease,