INDEX Abused spouses and children. See Vio- lence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485

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1 A Abused spouses and children. See Violence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485 generally, after-acquired dependents, approvable petition on file by April 30, 2001, 65 decision, discretionary action by USCIS, 68 family unity, defined, 64 fiancé(e)s, filing fees, filing for, 17, 67 68, 203 grandfathering of beneficiaries of I-130, I-526, or labor certification, historical background, inadmissibility, grounds of, 64 interview process, 76 to LPR, 1 2 no penalty fee, 62 63, 64 other forms and documents included in application packet, process, qualifying under 245(i), requirements for, 52 53, VAWA provisions, Admission. See also Inadmissibility, grounds of by Customs and Border Protection, 53 Adopted children Hague Convention rules, requirements, 4 Affidavit of support generally, attorney-client relationship, change of address, 297 completing form, asset counting, counting income, INDEX family unit size, determination of, federal poverty line, determination of, , 299 income test, minimum income requirement, conflict of interest, death of petitioner, 11, 13, 55 56, discretion of USCIS and State Department, family-based petitions who is affected, who is not affected, legally enforceable contracts, enforceable by federal, state, or other entity, enforceable by sponsored immigrant, enforcement in general, legally enforceable, mandatory filing requirement, overview, sponsors, citizen, national, or LPR, 279 defined, domiciled in U.S., joint sponsors, substitute affidavit under Family Sponsor Immigration Act of 2002, 56 termination of contract, timing of filing, where to file, 298 withdrawing representation, After-acquired dependents adjustment of status, Age-out problem of beneficiaries, Appeals reinstatement of removal, Application for permanent residence adjustment of status eligibility,

2 Assault IMMIGRATION LAW & THE FAMILY, 4TH ED. consular processing requirements, filing I-130 petition, completing form, eligibility to file, 19 fee, 51 other forms and documents in packet, supporting documentation, where to file, who may file, inspection and admission by Customs and Border Protection, 53 petition revocation, USCIS marriage interview, Assault crimes of moral turpitude, 149 Asylees and refugees waivers of inadmissibility, Attorney-client relationship ethical issues, B Battered spouse. See also Violence Against Women Act (VAWA) waiver, Beneficiaries defined, 2 derivative beneficiaries, 8 9 principal beneficiaries, 8 Bonds inadmissibility on economic grounds, posting to overcome, 164 Brothers or sisters defined, 3 preference category and quota, 7 Cash assistance for income maintenance public charge standard, C CDC Technical Instructions on mental disorders, for Physical or Mental Disorders with Associated Harmful Behaviors and Substance-Related Disorders, Change of address affidavit of support, 297 Child Citizenship Act of 2000 exceptions for citizenship representations by children residing in U.S. prior to age 16, 169 Children. See also Child Status Protection Act abduction (international), grounds of inadmissibility, 182 abused. See Violence Against Women Act (VAWA) age-out problem, conditional residence provision, under Form I-751, 118 crimes of moral turpitude committed under age of 18, 150 defined, 3 4 fiancé(e) s children, K visas, preference category and quota, 6 V visas, Child Status Protection Act (CSPA) age-out problem, children of LPRs and derivatives, status of, children of USCs, status of, effective date, 15, 20 naturalization and, Citizenship Child Citizenship Act of 2000, 169 false claims of, grounds of inadmissibility, ineligibility, grounds of inadmissibility, tax avoidance as reason to renounce, 182 Commercialized vice inadmissibility, grounds of, Copyright American Immigration Lawyers Association

3 INDEX Divorce Commission on Graduates of Foreign Nursing Schools certification by, 165 Communicable diseases inadmissibility, grounds of, 140 waiver of, 144, Communication ethical issues, Communist party inadmissibility, grounds of, Competence ethical issues, Conditional resident status marriage and, See also Marriage Confidentiality ethical issues, Conflict of interest affidavit of support, current clients, duty to withdraw from representation, informed consent, obtaining client s consent, 350 former clients, Consular processing generally, appointment letter for immigrant visa applicants, electronic processing program, fees, 87 instruction packet letter for immigrant visa applicants, 81 84, interviews, 85 87, medical examination, 85, 102 National Visa Center, overview, 79 required documentation, requirements, termination of registration, Controlled substances. See also Drug abusers drug traffickers, Controlled Substances Act inadmissibility of drug abusers of substances listed in act, 142 Convention Against Torture reinstatement of removal exceptions, 183 Convictions defined, 145 foreign convictions, 148 multiple convictions, 151 Criminal grounds inadmissibility on, See also Inadmissibility, grounds of waivers, Cross-chargeability defined, 8 Cuban Adjustment Act (CAA) abused spouses and children, Cultural practices traditional marriage arrangements and K-1 and K-2 visas, Current clients conflict of interest, Customs and Border Protection inspection and admission by, 53 [2016 Edition] 363 D Death of petitioner, 11 14, 54, of spouse effect on conditional resident status, 110 permanent residence status after, Derivative beneficiaries aging out, 18 defined, 8 9 Diligence ethical issues, Disclosure ethical issues, Divorce priority dates and, 10 waiver of conditional resident status,

4 Documentary violations IMMIGRATION LAW & THE FAMILY, 4TH ED. Documentary violations inadmissibility, grounds of, 172 DOJ and Homeland Security rules on professional conduct for immigration practitioners, Drug abusers controlled substance violations as grounds of inadmissibility, 151 inadmissibility, grounds of, Drug traffickers inadmissibility, grounds of, DUIs, aggravated crimes of moral turpitude, 150 E Employment authorization VAWA self-petitioners, 315 Espionage inadmissibility, grounds of, 155 Ethical issues generally, attorney-client relationship, communication, competence and diligence, confidentiality, conflict of interest, See also Conflict of interest document fraud, DOJ and Homeland Security rules on professional conduct for immigration practitioners, fiduciary duty to nonclients, informed consent, meritorious claims, overview, 335 sources of ethics rules, terminating representation due to fraud or other reasons, unrepresented third party, Export control violations inadmissibility, grounds of, 155 Expungements pre-iiraira, 147 Extreme hardship conditional resident spouse status, waiver for, marriage arrangements and exceptions for K-1 and K-2 visas, 128 waiver of inadmissibility, , Copyright American Immigration Lawyers Association F Failure to appear interview in marriage-based cases, 120 False claim of U.S. citizenship inadmissibility, grounds of, Family preference system overview, 1 2 Visa Bulletin, 22 Family relationships terms and requirements, 2 5 Family-sponsored immigration overview, 1 2 Family Sponsor Immigration Act of 2002 affidavit of support, 56 Family unit size determination of, Federal First Offender Act expungements, 146, 147 Federal poverty line determination of, , 299 Fiancé(e)s adjustment of status, K-1 and K-2 visas, Fiduciary duty to nonclients, Filipinos, 19 Foreign convictions inadmissibility, grounds of, 148 Foreign government officials inadmissibility, grounds of engaging in severe violations of religious freedom, 153

5 INDEX Fraud exception for beliefs, statements, or associations, 158 Foreign policy, serious consequences for inadmissibility, grounds of, 158 Form DS-3032 Choice of Agent and Address Form, 89 Former clients conflict of interest, Form G-28 Notice of Appearance as Attorney or Representative, 313 Form I-129F K-3 and K-4 visas, Form I-130 affidavit of support. See Affidavit of support completing, concurrent filing with Form I-485, 68 eligibility to file, 19 filing fee, 51 motion to reinstate, other forms and documents in application packet, Petition for Alien Relative, petition revocation, request to reinstate, supporting documentation, where to file, who may file, Form I-212 consent to reapply for admission, eligibility, sample application for permission to reapply for admission, strategy and procedure, Form I-360 Petition of Amerasian, Widow(er), or Special Immigrant, 11 VAWA packet contents, 309 Form I-485 completing, filing fees, other forms and documents included with, revised as of October 5, 2015, 68 where to file, Form I-601 Application for Waiver of Ground of Excludability, 195, 199 Form I-601A Application for Provisional Unlawful Presence Waiver, 204, 205 Form I-751 approval, children included on, 118 denial, filing fee, 115 filing procedures, late filing, multiple filings, 122 Form I-765 Application for Employment Authorization, 314 Form I-797 Notice of Action, 78 Form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country, 59 Form I-824 filing for adjustment of status, 17 Form I-864. See Affidavit of support Form I-864A Contract Between Sponsor and Household Member, 287, Form I-864P Poverty Guidelines, 293 Form I-864W in lieu of affidavit of support, 56, 137, 278 Fraud attorney sanctions for document fraud, confidentiality and client fraud, crimes of moral turpitude, 149 inadmissibility, grounds of, final civil document fraud order, waivers, [2016 Edition] 365

6 Freedom of Information Act (FOIA) requests IMMIGRATION LAW & THE FAMILY, 4TH ED. Freedom of Information Act (FOIA) requests prior immigration orders, 185 Genocide inadmissibility, grounds of, Good moral character VAWA self-petitioners, evidence of, 312, Green cards compared to permanent resident card, 104 LPR status, 1 Guilty pleas inadmissibility, grounds of, 148 G H Hague Convention rules adoption process, Haitian Refugee and Immigrant Fairness Act (HRIFA) abused spouses and children, reinstatement of removal exceptions, 183 Health inadmissibility, grounds of, See also Inadmissibility, grounds of waivers, Health care workers inadmissibility, grounds of, Homeland Security rules on professional conduct for immigration practitioners, Humanitarian reinstatement of revoked I-130, 12, 54 I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) affidavit of support, 275 criminal convictions, 147 VAWA self-petitioners, certification of compliance with 384, 321 Immediate relatives overview, 1 preference system and, 5 15 Immigration Act of 1990 two-year foreign residence requirement, 124 Immigration and Nationality Act 204(l), implementation of, qualifying under 245(i), Immigration Marriage Fraud Amendments of 1986 (IMFA) purpose of, 103 second generation second-preference visa petition pending adjudication at effective date of act, 126 two-year foreign residence requirement, Imprisonment, term of inadmissibility, grounds of, 147 Inadmissibility, grounds of generally, categories, 139 child abduction (international), 182 criminal grounds, controlled substance violations, 151 convictions, , 151 crimes of moral turpitude, drug traffickers, evaluating consequences of crime, 154 foreign government officials who engaged in severe violations of religious freedom, 153 guilty pleas, Copyright American Immigration Lawyers Association

7 INDEX Legitimacy prostitution and commercialized vice, traffickers in persons, documentary requirements, 172 health-related grounds, communicable diseases, 140 drug abusers or addicts, physical or mental disorders, vaccination, lack of, ineligibility for citizenship, labor protection grounds, miscellaneous grounds, national security grounds, Communist party or totalitarian party membership, espionage, sabotage, export control violations, and other unlawful activities, 155 serious adverse consequences for foreign policy, 158 terrorist activities, no waiver under 245(i), 64 overview, polygamy, 182 previous immigration violations, aliens present without permission or parole, failure to attend removal proceedings, 166 false claim of U.S. citizenship, final civil document fraud order, fraud or willful misrepresentation, smugglers, stowaways, 170 prior removal orders, public charge grounds, re-entering U.S. without authorization, reinstatement of removal, tax avoidance as reason to renounce citizenship, 182 unlawful presence bars, voting unlawfully, 182 waivers. See Waivers Income. See Affidavit of support Ineligibility for citizenship inadmissibility, grounds of, Informed consent ethical issues, Inspection by Customs and Border Protection, 53 International Convention on the Prevention and Punishment of Genocide inadmissibility, grounds of, International Religious Freedom Act of 1998 severe violations of religious freedom, 153 Interviews adjustment of status, 76 consular processing, 85 87, marriage-based cases, 51 52, VAWA intake interview, 314 [2016 Edition] 367 K K visas fiancé(e)s and their children (K-1 and K-2 visas), nonimmigrants K-3 and K-4 visas, Labor certification inadmissibility, grounds of, Lawfully present defined, Lawful permanent residents (LPRs) proof of status, 1 V visas for spouses and children of, Legitimacy defined, 3 L

8 LIFE Act and LIFE Act Amendments of 2000 IMMIGRATION LAW & THE FAMILY, 4TH ED. LIFE Act and LIFE Act Amendments of 2000 K visas, 129 reinstatement of removal exceptions, 184 V visas, 131 M Mail-order brides. See K visas Manslaughter crimes of moral turpitude, 149 Marriage alien spouses affected by conditional residence provision, battered spouse waiver, children affected by conditional residence provision, conditional resident status, children, petitions and waivers for, 118 filing joint petition, 109 notice from USCIS, 123 reapplication for immigrant visa after termination of, removal of, termination of, waiver of joint petition, death of spouse, 110 divorce/annulment waiver, documentary evidence of good-faith marriage, 115 extreme hardship waiver, failing marriage, fiancé(e) visas (K-1 and K-2), filing fee and procedure, See also Form I-751 good-faith marriage, 304 evidence of, immigration through, interview, 51 52, late petitions, overview, priority dates and, 9 second-preference petitions, traveling abroad at time petition filed, two-year foreign residence requirement, VAWA self-petitioners, 305 Means-tested benefit programs income test for affidavit of support, 292 public charge standard, sponsored immigrants qualifying for, Medical examinations consular processing, 85, 102 Mental disorders inadmissibility, grounds of, associated harmful behavior, waivers, 144, Meritorious claims ethical issues, Military Selective Service Act exemption of nonimmigrants from U.S. military service, 173 Misrepresentation. See Fraud Moral turpitude, crimes of inadmissibility, grounds of, Motions to reopen removal or deportation proceedings, , 323 Murder crimes of moral turpitude, 149 National security grounds inadmissibility, grounds of, National Visa Center consular processing, role in, fee notices, provisional waiver applications, 205 Naturalization priority dates and, VAWA self-petitioners, Copyright American Immigration Lawyers Association N

9 INDEX Re-entering U.S. without authorization Nazi persecution participants inadmissibility, grounds of, Nicaraguan Adjustment and Central American Relief Act (NACARA) abused spouses and children, reinstatement of removal exceptions, Notice requirements conditional resident status, 123 Nurses inadmissibility, grounds of, Orphans requirements, 4 O P Parents defined, 3 Parole aliens present without permission or parole, grounds of inadmissibility, PATRIOT Act. See USA PATRIOT Act of 2001 Petitioners death of, 11 14, 54, defined, 2 Petty offenses crimes of moral turpitude, exception to, 150 Philippines CSPA provisions for aging out, 19 Physical disorders inadmissibility, grounds of, waivers, 144, Physicians inadmissibility, grounds of, Polygamy inadmissibility, grounds of, 182 Preference system categories, 5 family preference system, 1 2 immediate relatives and, 5 15 quota system, 6 8 Previous immigration violations inadmissibility, grounds of, Principal beneficiaries defined, 8 Priority dates age-out problem and, death of petitioner and, defined, 7 8 divorce and, 10 marriage and, 9 naturalization and, pre-1977 Western Hemisphere priority dates, 15 retention of, 9 15 Prior removal orders inadmissibility, grounds of, reinstatement of removal, Professional conduct. See Ethical issues Prostitution crimes of moral turpitude, 150 inadmissibility, grounds of, Public charge inadmissibility, grounds of, Quota system described, 6 8 Rape crimes of moral turpitude, REAL ID Act of 2005 terrorist activities as grounds of inadmissibility, Re-entering U.S. without authorization inadmissibility, grounds of, [2016 Edition] 369 Q R

10 Refugees IMMIGRATION LAW & THE FAMILY, 4TH ED. Refugees waivers of inadmissibility, Reinstatement of removal inadmissibility, grounds of, retroactive application, 184 Religious freedom foreign government officials engaging in severe violations of, 153 Removal proceedings denial of Form I-751, failure to attend as grounds of inadmissibility, 166 motions to reopen, prior orders as grounds of inadmissibility, reinstatement of removal as grounds of inadmissibility, retroactive application, 184 VAWA self-petitioners, Robbery crimes of moral turpitude, 150 S Sabotage inadmissibility, grounds of, 155 Self-petitions for abused spouses and children. See Violence Against Women Act (VAWA) Siblings defined, 3 preference category and quota, 6 Smugglers inadmissibility, grounds of, Sponsors. See Affidavit of support Spouse. See also Marriage abused. See Violence Against Women Act (VAWA) preference category and quota, 6 requirements, 2 3 Stepchildren divorce, effect of, 10 requirements, 3 4 Stowaways inadmissibility, grounds of, 170 Substance abusers. See Drug abusers Subversive Activities Control Act of 1950 inadmissibility, grounds of, 158 Supporting documentation Form I-130, evidence of family relationship, 49 petitioner s evidence of U.S. citizenship, Copyright American Immigration Lawyers Association T Tax avoidance renouncing citizenship for, grounds of inadmissibility, 182 Termination of registration grounds for, Terrorist activities inadmissibility, grounds of, Terrorist organizations tiers of, Theft crimes of moral turpitude, 150 Totalitarian party membership inadmissibility, grounds of, Totality of circumstances test public charge standard, Trafficking Victims Protection Act of 2000 inadmissibility, grounds of, Traveling abroad aliens unlawfully present who depart U.S., marriage petition filed during, V status and, 133 Two-year foreign residence requirement marriage during deportation or exclusion proceedings, Unlawfully present defined, U

11 INDEX Waivers departing U.S., Unlawful presence bars inadmissibility, grounds of, waivers, 180, , Unmarried children preference category and quota, 6 requirements, 4 5 Unrepresented third party ethical issues, USA PATRIOT Act of 2001 spouses and fiancé(e)s who died on September 11, 2001, relief for, terrorist activities as grounds of inadmissibility, V V visas spouses and children of LPRs, Vaccination inadmissibility, grounds of, waivers, 144, Vietnam draft evaders pardon for, 174 Violence Against Women Act (VAWA) generally, abuse defined, 307 evidence of, 313 adjustment of status, background, deferred action, 315 deportability ground eased for abused persons, derivative spouses, 324 employment authorization, 315 extreme hardship, 193 good-faith marriage, 304 evidence of, good moral character, evidence of, 312, intake interview, 314 naturalization, 322 removal or deportation proceedings, self-petitioning, aging out protection, citizenship or immigration status of abuser, death of USC abuser, 307 derivative children, 305, 313 eligibility, 302 evidence of abuser s USC or LPR status, evidence of applicant s physical presence, 312 evidence of qualifying relationship to abuser, filing procedure, marital relationship, marriage or remarriage of selfpetitioners, 305 packet contents, parent-child relationship, 305 requirements, residence, 304 waiver of permanent bar inadmissibility, 161, 181, 194, Visa Bulletin availability of, 7 family-sponsored preferences, 22 Visa fraud inadmissibility, grounds of, 167 Visas. See also specific types of visas issuance of, 1 Voluntary manslaughter crimes of moral turpitude, 149 Voting unlawfully inadmissibility, grounds of, 182 [2016 Edition] 371 W Waivers conditional resident status, waiver of joint petition, inadmissibility, grounds of, 144 asylees and refugees,

12 Welfare programs IMMIGRATION LAW & THE FAMILY, 4TH ED. communicable diseases, 144, 193 procedure for filing, smuggling, Communist party or totalitarian party membership, terrorism-related bars to admission, consent to reapply for admission, unlawful presence bars, 180, , criminal grounds, vaccination, lack of, 144, eligibility requirements, VAWA self-petitioners, 181, 194, extreme hardship, , interview in marriage-based cases, 120 filing fee, 201 provisional, final civil document fraud order, response letter, sample I-601 waivers, fraud or misrepresentation, Welfare programs health-related grounds, 144, 193 See Means-tested benefit programs 197 Widow(er)s physical or mental disorders, 144, Copyright American Immigration Lawyers Association