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

SUBJECT-MATTER INDEX THE WAIVERS BOOK: ADVANCED ISSUES IN IMMIGRATION LAW PRACTICE, SECOND EDITION A Absent client communication, 25 26 Abused women and children. See Domestic violence victims; Violence Against Women Act (VAWA) Accommodation physically or mentally disabled applicants, 286 287 Adjustment of status (AOS) as admission, 6 benefits adjudication, 447 451 digest of cases, 452 455 consular processing abroad vs., 7, 250 251 employment-based petitions, 307 313 application of INA 245(k), 309 313 excused vs. not excused violations, 308 309 failure to maintain lawful status, 312 313 historical background, 307 308 less than 180 days of status violations following admission, 310 311 scope of INA 245(k), 308 309 technical violations, 313 unauthorized employment, 311 LPRs and bar due to aggravated felony bar and continuous residence requirement, 84 87 misrepresentation or fraud in, 142, 145 nunc pro tunc waiver, 84 87 240 241 394 395 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, 400 402 consular posts, waiver requests submitted to, 245 251 Admission background history, 5 6 lawful admission, 33 34 LPRs, after admission in any status, 35 misrepresentation or fraud at time of, 119 120 VAWA waivers, 340 otherwise admissible, 118 119, 305 status violations within 180-day period following, 310 311 unlawful presence waiver and, 163 164 Advanced Parole not deemed departure, 219 AEDPA. See Antiterrorism and Effective Death Penalty Act Affidavits exceptional and extremely unusual hardship, 60 61 Form I-192 sample affidavit, 373 375 VAWA self-petitioners, 334, 337, 339 Aggravated felonies bars to INA 212(h) waiver, 87 88 bars under IMMACT90, 64 smuggling, 294 296 Aging-out 388 Alcohol-related offenses significant criminal record of alcoholrelated driving incidents, 276 277 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

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, 87 90 permanent bar under INA 212(a)(9)(C), 338 340 three- and ten-year bars, 10, 15 16, 159, 363, 407 Battered Immigrant Women Protection Act of 2000. See Violence Against Women Act (VAWA) Battered women. See Domestic violence victims; Violence Against Women Act (VAWA) Benefits adjudication adjustment of status, 447 451 digest of cases, 452 455 discretion in, 431 455 defined, 432 substantive factors, 438 441 issues to consider, 433 practice tips, 439 440, 447, 451 procedural considerations, 433 435 requests in LPR cancellation, 40 review of discretionary decisions, 441 443 limitations on judicial review, 443 445 standards of review, 445 447 C Cambodia refugees, medical screening of, 257 Canadian Border Crossing Cards (CBCCs) elimination of program, 402 Canadians Admissibility Review Office role, 400 402 applying at U.S. consulate, 403 406 expedited removal at land border POE, 410 411 Form I-192, 399 400, 423 429 filing checklist, 421 Form I-212 waiver application, 240, 411 inadmissibility, 399, 406 410 criminal grounds, 407 408 sample memoranda in support of NIV waiver application, 413 420 zero tolerance program legacy for customs violators, 409 410 validity period for nonimmigrant waivers, 402 403 Cancellation of removal generally, 17 19 grounds for relief, 65 73 for LPRs, 17 18, 31 47. See also Lawful permanent residents for non-lprs, 18 19, 32, 49 62 abused women and children, 57 58 annual cap, 61 continuous presence, 50 51 convictions, 53 54, 59 exceptional and extreme hardship to citizen or LPR spouse, parent, or child, 55 57, 60 61 good moral character, 51 53, 59 procedural strategy, 61 stop-time rule, 50 51, 59 waivers, 58 241 unaccompanied minors, 395 VAWA, 57 58, 345 347 Caps on LPR cancellation of removal or adjustment of status, 61 quota system after World War I, 2 CDC Form 4.221-1 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, 125 131 INA 212(h) waiver, list of supporting documents, 93 94 LPR cancellation exhibits, 45 47 mental disorders, supporting documentation for waivers, 289 290 458 The Waivers Book (2017 Ed.)

SUBJECT-MATTER INDEX Criminal and related grounds refugees and asylees, documents for waivers, 324 325 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, 27 383 397. 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, 13 14 Communicable diseases exclusion based on, 2 as health-related grounds, 255 271 list of diseases, 255 257 vaccinations against. See Vaccination requrements VAWA waivers, 11 12, 332 333 waiver of inadmissibility, 11, 265 267 Communication absent client, 25 26 child clients, 27 with clients and witnesses, 21 30 cultural concerns, 26 emotional displays, 25 gender concerns, 26 listening, 23 24 managing a client who wants to control interview process, 23 mental health professionals role, 28 29 non-verbal, 24 25 omissions or lying by clients, 27 28 silence, 25 simple terms, explanations in, 23 welcoming environment, 22 Conditional discharge Canadian convictions, 407 408 Consular processing adjustment of status vs., 7 appeals of denied or revoked waivers, 250 Canadians applying at U.S. consulate, 403 406 health-related inadmissibility, 282 283 length of validity of waiver and extension of stays, 250 251 misrepresentation or fraud in, 141, 147 nonimmigrant waivers handled by, 245 251 239 240 provisional unlawful presence waiver expansion, 213 214 sample letter arguing inadmissibility issues, 153 157 Continuous presence cancellation of removal for non-lprs, 50 51 Continuous residence of seven years bars to INA 212(h) waiver, 88 cancellation of removal for LPRs, 17 18 Convention Against Torture claims by unaccompanied minors, 395 Convictions of aggravated felonies as bars to INA 212(h) waiver, 87 88 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, 293 294 VAWA waivers, 333 334 Crimes involving moral turpitude (CIMTs) Canadian convictions, 408 exclusion based on, 2 INA 212(h) waiver for, 75 91 non-lprs, cancellation of removal, 53 54 smuggling, no moral turpitude, 294 U visas, 359 waiver for, 14, 75 91 Criminal and related grounds See also Convictions aggravated felonies. See Aggravated felonies Canadians, grounds of inadmissibility, 407 408 Copyright 2017. American Immigration Lawyers Association. 459

Cuban Refugee Adjustment Act (CRAA) crimes more than 15 years old INA 212(h) waiver for, 76 77 waiver for, 75 91 exclusion based on, 2 heightened standard for, 319 320 IIRAIRA changes to laws, 14 15 inadmissibility, 7 8 U visas, 353 361 heightened standard for, 353 355 violent or dangerous crimes. See Violent or dangerous crimes waivers of inadmissibility, 14 15 Cuban Refugee Adjustment Act (CRAA) domestic violence victims, 347 349 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, 162 163 Deportation. See Removal Diagnostic and Statistical Manual for Mental Disorders (DSM) mental disorders, 272, 274 substance abuse criteria, 274, 276 278 Disability. See Mental disorders; Physical disorders Discretion in benefits adjudication, 431 455. See also Benefits adjudication consular discretionay waiver. See Consular processing extreme hardship decision, 217 218 Hranka factors. See Hranka test INA 212(h) waiver, 79 81 INA 212(k) waiver, 300 lawful permanent residents (LPRs), 35 36 misrepresentation or fraud as grounds of inadmissibility, 146 in procuring visa or entry, 121 123 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, 93 94 to show good moral character, 94 Domestic violence victims See also Violence Against Women Act (VAWA) cancellation of removal of abused women and children, 57 58 Cuban Refugee Adjustment Act (CRAA), 347 349 Haitian Refugee Immigrant Fairness Act (HRIFA), 347 349 Nicaraguan and Central American Relief Act (NACARA), 347 349 U petitions and waivers, 343 344 Drug possession Canadian inadmissibility due to zero tolerance program legacy, 409 410 drug paraphernalia, impliations of, 7879 waiver for marijuana, 14, 77 79 460 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, 307 313. See also Adjustment of status Entry definition of, 292 293 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, 330 332

SUBJECT-MATTER INDEX Form I-360 Expedited removal Canadians at land border POE, 410 411 Form I-601A and, 222 Expert witnesses misrepresentation or fraud as grounds of inadmissibility, 151 Extension of stay (EOS) consular processing of waiver and, 250 251 lawful status and, 238 misrepresentation in connection with, 142 Extreme hardship cancellation of removal for non-lprs, 19, 55 57, 60 61 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, 167 172, 216 217 INA 212(h) waiver, 79 81 refugees and asylees, 321 323 relocation vs. separation, 215 216 successive waiver on discretionary decision under INA 212(a)(9)(A)(iii), 235 236 unlawful presence waiver, 167 172 VAWA waiver, 13, 330 332 F False claims to U.S. citizenship immigrant visas, waivers for, 13 14 Family-based visas qualifying relative, unlawful presence waiver, 164 165 death of qualifying relative, 217 Family relationship cancellation of removal for LPRs, 17 18 cancellation of removal for non-lprs, 55 56 evidence, 60 61 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 393 394 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, 162 163 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, 399 400, 423 429 checklist, 421 T visas, 220 U visas, 220 checklist for, 369 exhibits in support of, 371 sample affidavit, 373 375 sample memorandum in support, 377 382 Form I-194 Canadian nonimmigrant waiver, 402 403 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 2017. American Immigration Lawyers Association. 461

Form I-601 Special Immigrant Juvenile Status (SIJS) supporting documents, 388, 390 391 fees, 393 394 filing concurrent I-485, 392 supporting documents, 392 393 Form I-601 application for waiver of grounds of inadmissibility, 101 113 evidence in support of, 177 178 vs. Form I-601A, 165 166 mental disorder waiver, 279 refiling and updating evidence during appeal, 173 sample cover letter 175 176, 179 181 VAWA self-petitioners, 333 Form I-601A expansion of use, 213 214 grounds of inadmissibility affecting, 220 223 supporting materials, 183 211 vs. Form I-601, 165 166 Form I-602 refugees using, 241, 267, 317 Form I-693 vaccinations, 267 Form I-751 joint petition, I-751 waivers, 344 345 Form N-400 filing Medical Certification for Disability Exeptions with, 283 285 Form N-648 Medical Certification for Disability Exceptions, 283 285 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, 279 280 Good moral character cancellation of removal for LPRs, 17 cancellation of removal for non-lprs, 18 19, 51 53, 59 defined, 51 53 INA 212(h) waiver, supporting documents to show, 94 mental illness and, 285 286 VAWA applications, 341 343 Grounds for relief cancellation of removal, 65 73 INA 212(c), applicability of, 63 64, 70 73 checklist, 125 131 letter to client, 74 75 St. Cyr and impermissible retroactive application of law, 14, 67 70 Guatemala 394 462 The Waivers Book (2017 Ed.) H Haitian Refugee Immigrant Fairness Act (HRIFA) domestic violence victims, 347 349 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, 330 332 Health-related grounds accommodation requests, 286 287 CDC advisory opinion, 281 Class A condition, 254 255, 263, 281 Class B consition, 255, 263 communicable diseases, 255 271. See also Communicable diseases discretionary waiver by consular officer, 282 283 fingerprint requirement, waiver of, 286 Form N-648, 283 285 Global Migration and Quarantine (DGMQ), 279 280 good moral character and, 285 286 immigrant visas, waivers for, 11 12 inadmissibility, 8 medical examinations, 254 255 naturalization requirements, waiver of, 283

SUBJECT-MATTER INDEX INA 212(h) waiver physical and mental disorders, 271 282 practice points, 282, 287 quarantine and isolation provisions, 268 270 review of determination, 281 sexually transmitted diseases, 258 259 tuberculosis, 264 265 vaccination requirements, 264 265 waiver of inadmissibility, 12, 267 268 waiver of inadmissibility, 265 267 waivers, 253 287 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, 386 387 pre-hearing statement for LPR cancellation, 37 protection transfer agreement for unaccompanied children, 388 Honduras 394 Hranka test ARO adjudication, 401 402 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, 237 238 unlawful presence bar, 159 Immigrant visas See also specific types of visas no waiver available, 16 17 unlawful presence waiver, 15 16 Immigration Act of 1990 (IMMACT90) bar to relief for aggravated felonies, 64 legislative changes of, 3 4 384 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, 142 144 passage of, 3 INA 209(c) waivers generally, 315 327. See also Refugees and asylees INA 212(a)(9)(A) & (9)(C) overview, 225 229 permission to reapply for admission under, 225 244 reentry trigger, 232 233 standards for relief, 233 237 unlawful status 229 231 INA 212(c) relief generally, 63 73 checklist, 125 131 continuing challenges for practitioners, 70 73 grounds for relief, 63 64 legislative changes to, 31, 64 letter to client, 74 75 prior to IIRAIRA passage, 63 65 St. Cyr and non-lpr relief for cancellation of removal, 67 70 INA 212(d)(3) waiver Hranka test, 10 11 submission to consulate, 245 INA 212(d)(14) waiver U visas, 351 367. See also U visas INA 212(h) waiver generally, 75 91 bars to, 87 90 aggravated felonies, 87 88 Copyright 2017. American Immigration Lawyers Association. 463

INA 212(k) waiver continuous residence of seven years, 88 convictions of aggravated felonies, 87 88 for crimes more than 15 years old, 76 77 for crimes of moral turpitude, 75 91 discretion, 79 81 distinctions between LPRs and non-lprs, 87 documents to substantiate good moral character, 94 hardship of qualifying relatives, 93 rehabilitation, 93 94 extreme hardship, 79 81 issues particular to, 76 77 for marijuana possession, 77 79 nunc pro tunc waiver, 84 87 for prostitution, 14, 76 sample declaration of client, 95 99 sample supporting documents, 93 94 stand-alone waiver, 84 87 VAWA and, 79, 81 82 INA 212(k) waiver generally, 299 305 case studies, 304 eligibility, 300, 303 304 federal court jurisdiction, 304 historical background, 299 300 inadmissibility unknown and undeterminable, 301 303 otherwise admissible, 305 presentation and analysis, 301 304 procedure, 300 301 INA 237(a)(1)(H) waiver generally, 120 121. See also Misrepresentation or fraud effect of waiver once granted, 121 stretching, 120 121 INA 245(k) waiver generally, 307 313. 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, 301 303 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, 10 17 In-country relief 237 238 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, 388 464 The Waivers Book (2017 Ed.) J J visas foreign residence requirement for, 15 Jean, Matter of (2002) heightened standard for criminal and security grounds, 319 320, 325, 356 358, 365 366 refugees and asylees, waivers for, 319 320, 321, 323, 326 Joint petition I-751 waivers VAWA waivers, 344 345 Judicial review benefits adjudication, 443 445 Jurisdiction INA 212(k) waiver, 304 384 385, 388 Juvenile delinquency decisions as convictions, 53 K K visas 240 vaccination requirements, 271 Kenya refugees, medical sreening of, 257

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, 37 42 information government already has, 37 40 information nongovernmental sources already have, 40 41 written evidence, need for client to understand, 41 42 application procedure, 36 37 cancellation of removal, 17 18, 31 47 checklist of exhibits, 45 47 sample cancellation case history, 43 44 statutory requirements, 33 continuous residence, 34 35 discretion, 35 36 INA 212(h) waiver, 87 lawful admission, 33 34 seeking new admission, 6 smuggling, waiver of inadmissibility for, 297 298 stop-time rule, 32, 34 35 Lawful status importance of, 213 Legal Immigration Family Equity Act (LIFE Act) extension of INA 245(i) protection, 164 165, 218 Lying by clients, 27 28 M Marijuana possession INA 212(h) waiver for, 14, 77 79 McCarran-Walter Act of 1952. See Immigration and Nationality Act (INA) Medical examinations health-related grounds, 254 255 Medical graduates employment in federally-designated medically underserved area, 15 Mens rea smuggling, 296 Mental disorders harmful behavior, defined, 272 health-related grounds, 272 274 medical documentation, 279 280 oath, waiver of, 283, 285 post-entry evaluation report, 280 substance use, 274 277 waivers of inadmissibility, 12, 279 282 checklist for supporting documentation, 289 290 Mental health professionals in communication with clients, 28 29 misrepresentation or fraud as grounds of inadmissibility, psychological evaluation of, 150 Military service record requests in LPR cancellation, 219 220 record requests in LPR cancellation, 40 Misrepresentation or fraud elements of fraud, 116 in family relationship petitions, 117 grounds of inadmissibility, 8, 133 152 application of law, 135 144 application preparation for waiver, 145 147 attorney-client relationship, 134 challenge the fraud, 134 144 definition of fraud, 136 as discretionary factors, 146 engaging adjudicator, 149 expert witness, 151 fact gathering, 134 135 hardship, self-imposed, 151 hardship to children and spouse, 151 material facts, 138 39 personalization of case, 151 proper refusal if truth had been known, 139 144 psychological evaluation, 150 undocumented facts or unsupported assertions, 149 unpersuasive evidence, 151 waiver eligibility, 144 willfully misrepresenting material fact, 136 138 immigrant visas, waivers for, 13 in procuring visa or entry, 115 124 checklist for INA 212(c) relief, 125 131 Copyright 2017. American Immigration Lawyers Association. 465

Moral character. See Good moral character document fraud under INA 212(d)(12) & 237(a)(3)(C)(ii), 123 124 effect of waiver once granted, 121 favorable exercise of discretion, 121 123 inadmissible at time of such admission, 119 120 otherwise admissible, 118 119 in possession of immigrant visa or equivalent document, 120 121 relationship to qualifying family member, 117 nonimmigrant visas, waviers for, 147 148 30/60-day rule, violation of status, 141 timely retraction, 141 VAWA waivers at time of admission, 144 145, 335, 340 waiver for, 115 124 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, 353 355 Naturalization exemption from oath, literacy, U.S. civics requirements for individulas with physical or mental impairment, 283 285 Nazi persecutions no waiver, 16 Nicaraguan and Central American Relief Act (NACARA) domestic violence victims, 347 349 stop-time rule, 50 Nonimmigrant visas Canadians, 402 403 consular processing of waivers, 245 251 240 Nonlawful permanent residents (non-lprs) cancellation of removal for, 18 19, 32, 49 62. See also Cancellation of removal Non-verbal communication with clients, 24 25 466 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, 27 28 Omnibus Anti-Drug Abuse Act of 1988 passage of, 3 P Pardons Canadian convictions, 407 408 removal proceedings, 39 Parole Not admission, 6 Permanent bar under INA 212(a)(9)(C) VAWA waivers, 338 340 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, 38 39 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, 229 231 waiver after, 225 244

SUBJECT-MATTER INDEX adjustment of status applicants, 240 241 asylees and refugees, 241 cancellation of removal, 241 discretion under Hranka, 237 immigrant visa application at U.S. consulate, 239 240 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, 237 238 Special Immigrant Juvenile,242 standards for relief, 243 244 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, 334 335 Public Health Emergency of International Concern (PHEIC) diseases triggering, 256 257 Public interest. See National security Q Quarantine health-related grounds, 268 270 Quota system after World War I, 2 St. Cyr Refugees and asylees medical screening of, 257 no waivers for, frivolous applications, 17 241 unaccompanied minors, 395 vaccination requirements, 12, 265, 271 waivers for, 315 327 application process, 317 319 client interview and analysis, 323 324 document checklist, 324 325 eligible applicants, 315 316 extreme hardship, 321 323 grounds of inadmissibility, 317 humanitarian reasons for family unity, 15 16 hypothetical examples, 325 326 Matter of Jean (2002), 319 320, 321, 323, 325, 326 tips for preserving, 323 325 violent or dangerous crimes, 319 321 Rehabilitation INA 212(h) waiver, supporting documents to show, 93 94 Rehabilitation Act of 1973 504, 286 287 Reinstatement effect on in-country relief, 237 238 Religious beliefs vaccination and, 12, 267 Religious workers INA 245(k), application to, 309 Removal See also Cancellation of removal generally, 17 19 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, 67 70 R Racism quarantine and, 269 Reckless disregard smuggling, 294 295 Reentry trigger INA 212(a)(9)(C), 232 233 Copyright 2017. American Immigration Lawyers Association. 467 S S visas 243 244 St. Cyr impermissible retroactive application of law, 14, 67 70

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, 258 259 waiver of inadmissibility, 265 266 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, 291 296 aggravated felony, 294 296 family reunification exception, 296, 298 no conviction necessary, 293 294 no moral turpitude, 294 waiver, 297 298 inadmissibility, 9, 291 Special Immigrant Juvenile Status (SIJS) access to legal counsel for unaccompanied youth, 387 388 adjustment of status, 394 395 aging-out issue, 388 child clients, 396 397 concurrent jurisdiction of state and federal courts, 384 385, 388 eligibility requirements, 390 391 fees involved, 393 394 generally, 383 397 filing for dependency/predicate order, 391 392 legislative changes of Trafficking Victims Protection and Reauthorization Act of 2008 (TVPRA), 385 389 preparing argument for dependency/predicate order, 391 prior removal or deportation, 242 procedure, 391 397 Request for Specific Consent to Juvenile Court Jurisdiction, form to be filed with HHS, 387 scope of problem, 383 384 supporting documents for I-360 application, 392 393 waiver after prior removal or deportation, 242 inadmissibility, 389 Status violations within 180-day period following admission, 310 311 Stop-time rule cancellation of removal for LPRs, 32, 34 35 cancellation of removal for non-lprs, 50 51, 59 Stowaways inadmissibility, 9 Substance use/abuse See also Drug possession drug testing, 278 279 DSM criteria for disorder, 274, 276 278 identifying and classifying applicants for, 274 276 significant criminal recod of alcoholrelated driving incidents, 276 277 U visas and controlled substance offense, 359 waivers of inadmissibility, 279 282 468 The Waivers Book (2017 Ed.) T T visas battered spuses and children qualifying for, 343 344 establishment of, 4 misrepresentation or fraud in obtaining, 145 242 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, 219 219, 242 Terrorism. See National security Three and ten-year bars

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, 402 403 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), 385 389 Tuberculosis exclusion based on, 2 health-related grounds for inadmissibility, 259 263 waiver of inadmissibility, 265 267 U U visas battered spouses and children qualifying for, 343 344 criminal grounds of inadmissibility, 353 361 establishment of, 4 I-192 waiver checklist for, 369 exhibits in support of, 371 sample affidavit, 373 375 sample memorandum in support, 377 379 sample memorandum in support (minor immigration violations), 381 382 misrepresentation or fraud in obtaining, 145 220, 243 waiver 220, 351 367 heightened standard for criminal and security grounds, 353 355 under INA 212(d)(3), 353 354 cross-application of standards, 355 under INA 212(d)(14), 351 367 practice tips for applying, 361 364 in public or national interest, 352 353 supporting evidence, 364 367 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, 229 231 inadmissibility, 9 10 VAWA exception, 335 338 Unlawful presence waiver See also Form I-601 generally, 159 173 admission, definition of, 163 164 appeal of denial, 173 departure, type of, 162 163 extreme hardship, 167 172 immigrant visas, 15 16 INA 245(i) protection, 164 165 provisional waiver. See Form I-601A qualifying relatives, 166 167 death of qualifying relative, 217 requirements for, 161 162 statutory framework, 159 160 unlawful presence, 161 16 Unlawful status unlawful presence and, 229 231 USA PATRIOT Act of 2001 legislative effects of, 4 Copyright 2017. American Immigration Lawyers Association. 469 V V visas vaccination requirements, 271 Vaccinations generally, 264 265 refugees and, 12, 265, 271 religious beliefs, not required if contrary to, 12, 267 waiver of inadmissibility, 12, 267 268 Victims of Trafficking and Violence Protection Act of 2000 See also U visas

Violence Against Women Act (VAWA) goals of, 351 352 legislative changes of, 4 Violence Against Women Act (VAWA) cancellation of removal, 57 58, 345 347 good moral character, 341 343 INA 212(h) waiver and, 79, 81 82 242 T petitions and waivers, 343 344 unlawful presence exception, 335 338 U petitions and waivers, 343 344 waivers, 329 349 affidavits, 334, 337, 339 communicable diseases, 12, 332 333 criminal convictions, 333 334 domestic violence, 340 341 fraud and misrepresentation at time of admission, 144 145, 340 hardship factors, 330 332 joint petition I-751 waivers, 344 345 permanent bar under INA 212(a)(9)(C), 338 340 procedure, 332 341 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, 82 84 list of, 320 321 refugees and asylees, waivers for,319 321 Visa fraud document fraud under INA 212(d)(12) & 237(a)(3)(C)(ii), 123 124 effect of waiver once granted, 121 favorable exercise of discretion, 121 123 inadmissible at time of such admission, 119 120 otherwise admissible, 118 119 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, 16 470 The Waivers Book (2017 Ed.) W Waivers of inadmissibility generally, 10 17 immigrant visas, 11 17. See also specific types of visas criminal and related grounds, 14 15 false claims to U.S. citizenship, 13 14 foreign residence requirement for J-visa holders, 15 fraudulent misrepresentation, 13 health-related grounds, 11 12 lack of documentation/technical difficulties, 15 no waiver available, 16 17 unlawful presence, 15 16 nonimmigrant visas, 10 11 Willfully misrepresenting material fact misrepresentation or fraud as grounds of inadmissibility, 137 138 Witnesses communication with, 21 30 exceptional and extremely unusual hardship, 60 61 World Health Organization International Statistical Classification of Diseases and Related Health Problems, 272 notification of communicable disease, 256 258