A Abused spouses and children. See Violence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485 generally, 61 77 after-acquired dependents, 65 67 approvable petition on file by April 30, 2001, 65 decision, 76 77 discretionary action by USCIS, 68 family unity, defined, 64 fiancé(e)s, 128 129 filing fees, 75 76 filing for, 17, 67 68, 203 grandfathering of beneficiaries of I-130, I-526, or labor certification, 65 67 historical background, 61 62 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, 72 74 process, 68 77 qualifying under 245(i), 63 68 requirements for, 52 53, 61 68 VAWA provisions, 315 320 Admission. See also Inadmissibility, grounds of by Customs and Border Protection, 53 Adopted children Hague Convention rules, 56 59 requirements, 4 Affidavit of support generally, 275 298 attorney-client relationship, 337 338 change of address, 297 completing form, 287 297 asset counting, 293 294 counting income, 289 290 INDEX family unit size, determination of, 288 289 federal poverty line, determination of, 287 288, 299 income test, 290 293 minimum income requirement, 287 295 conflict of interest, 349 352 death of petitioner, 11, 13, 55 56, 281 282 discretion of USCIS and State Department, 295 296 family-based petitions who is affected, 276 277 who is not affected, 277 278 legally enforceable contracts, 282 287 enforceable by federal, state, or other entity, 283 284 enforceable by sponsored immigrant, 282 283 enforcement in general, 284 286 legally enforceable, 286 287 mandatory filing requirement, 276 287 overview, 275 276 sponsors, 279 282 citizen, national, or LPR, 279 defined, 279 282 domiciled in U.S., 279 281 joint sponsors, 294 295 substitute affidavit under Family Sponsor Immigration Act of 2002, 56 termination of contract, 296 297 timing of filing, 278 279 where to file, 298 withdrawing representation, 357 359 After-acquired dependents adjustment of status, 65 67 Age-out problem of beneficiaries, 14 15 Appeals reinstatement of removal, 184 185 Application for permanent residence adjustment of status eligibility, 52 53 361
Assault IMMIGRATION LAW & THE FAMILY, 4TH ED. consular processing requirements, 52 53 filing I-130 petition, 41 59 completing form, 42 47 eligibility to file, 19 fee, 51 other forms and documents in packet, 49 50 supporting documentation, 47 49 where to file, 50 51 who may file, 41 42 inspection and admission by Customs and Border Protection, 53 petition revocation, 53 56 USCIS marriage interview, 51 52 Assault crimes of moral turpitude, 149 Asylees and refugees waivers of inadmissibility, 208 210 Attorney-client relationship ethical issues, 336 338 B Battered spouse. See also Violence Against Women Act (VAWA) waiver, 111 113 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, 163 164 C CDC Technical Instructions on mental disorders, 141 142 for Physical or Mental Disorders with Associated Harmful Behaviors and Substance-Related Disorders, 141 142 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, 14 15 conditional residence provision, 106 107 under Form I-751, 118 crimes of moral turpitude committed under age of 18, 150 defined, 3 4 fiancé(e) s children, K visas, 127 131 preference category and quota, 6 V visas, 134 135 Child Status Protection Act (CSPA) age-out problem, 14 15 children of LPRs and derivatives, status of, 16 19 children of USCs, status of, 15 16 effective date, 15, 20 naturalization and, 10 11 Citizenship Child Citizenship Act of 2000, 169 false claims of, grounds of inadmissibility, 169 170 ineligibility, grounds of inadmissibility, 172 174 tax avoidance as reason to renounce, 182 Commercialized vice inadmissibility, grounds of, 152 153 362 Copyright 2016. American Immigration Lawyers Association
INDEX Divorce Commission on Graduates of Foreign Nursing Schools certification by, 165 Communicable diseases inadmissibility, grounds of, 140 waiver of, 144, 193 195 Communication ethical issues, 342 343 Communist party inadmissibility, grounds of, 158 160 Competence ethical issues, 340 342 Conditional resident status marriage and, 104 123. See also Marriage Confidentiality ethical issues, 343 347 Conflict of interest affidavit of support, 349 352 current clients, 347 352 duty to withdraw from representation, 351 352 informed consent, 349 350 obtaining client s consent, 350 former clients, 352 353 Consular processing generally, 79 88 appointment letter for immigrant visa applicants, 84 85 electronic processing program, 83 84 fees, 87 instruction packet letter for immigrant visa applicants, 81 84, 95 97 interviews, 85 87, 98 101 medical examination, 85, 102 National Visa Center, 79 81 overview, 79 required documentation, 82 83 requirements, 52 53 termination of registration, 87 88 Controlled substances. See also Drug abusers drug traffickers, 151 152 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, 144 154. See also Inadmissibility, grounds of waivers, 197 199 Cross-chargeability defined, 8 Cuban Adjustment Act (CAA) abused spouses and children, 322 323 Cultural practices traditional marriage arrangements and K-1 and K-2 visas, 127 128 Current clients conflict of interest, 347 352 Customs and Border Protection inspection and admission by, 53 [2016 Edition] 363 D Death of petitioner, 11 14, 54, 281 282 of spouse effect on conditional resident status, 110 permanent residence status after, 135 138 Derivative beneficiaries aging out, 18 defined, 8 9 Diligence ethical issues, 340 342 Disclosure ethical issues, 343 347 Divorce priority dates and, 10 waiver of conditional resident status, 110 111
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, 355 357 Drug abusers controlled substance violations as grounds of inadmissibility, 151 inadmissibility, grounds of, 142 144 Drug traffickers inadmissibility, grounds of, 151 152 DUIs, aggravated crimes of moral turpitude, 150 E Employment authorization VAWA self-petitioners, 315 Espionage inadmissibility, grounds of, 155 Ethical issues generally, 335 360 attorney-client relationship, 336 338 communication, 342 343 competence and diligence, 340 342 confidentiality, 343 347 conflict of interest, 347 353. See also Conflict of interest document fraud, 356 357 DOJ and Homeland Security rules on professional conduct for immigration practitioners, 355 357 fiduciary duty to nonclients, 338 339 informed consent, 349 350 meritorious claims, 354 355 overview, 335 sources of ethics rules, 335 336 terminating representation due to fraud or other reasons, 357 359 unrepresented third party, 353 354 Export control violations inadmissibility, grounds of, 155 Expungements pre-iiraira, 147 Extreme hardship conditional resident spouse status, waiver for, 113 114 marriage arrangements and exceptions for K-1 and K-2 visas, 128 waiver of inadmissibility, 191 201, 202 203 364 Copyright 2016. American Immigration Lawyers Association F Failure to appear interview in marriage-based cases, 120 False claim of U.S. citizenship inadmissibility, grounds of, 169 170 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, 288 289 Federal First Offender Act expungements, 146, 147 Federal poverty line determination of, 287 288, 299 Fiancé(e)s adjustment of status, 128 129 K-1 and K-2 visas, 127 129 Fiduciary duty to nonclients, 338 339 Filipinos, 19 Foreign convictions inadmissibility, grounds of, 148 Foreign government officials inadmissibility, grounds of engaging in severe violations of religious freedom, 153
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, 352 353 Form G-28 Notice of Appearance as Attorney or Representative, 313 Form I-129F K-3 and K-4 visas, 129 131 Form I-130 affidavit of support. See Affidavit of support completing, 42 47 concurrent filing with Form I-485, 68 eligibility to file, 19 filing fee, 51 motion to reinstate, 23 28 other forms and documents in application packet, 49 50 Petition for Alien Relative, 41 51 petition revocation, 53 56 request to reinstate, 29 30 supporting documentation, 47 49 where to file, 50 51 who may file, 41 42 Form I-212 consent to reapply for admission, 206 208 eligibility, 206 207 sample application for permission to reapply for admission, 256 273 strategy and procedure, 207 208 Form I-360 Petition of Amerasian, Widow(er), or Special Immigrant, 11 VAWA packet contents, 309 Form I-485 completing, 68 72 filing fees, 75 76 other forms and documents included with, 72 74 revised as of October 5, 2015, 68 where to file, 74 75 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, 120 121 children included on, 118 denial, 121 122 filing fee, 115 filing procedures, 114 115 late filing, 116 117 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, 289 290 Form I-864P Poverty Guidelines, 293 Form I-864W in lieu of affidavit of support, 56, 137, 278 Fraud attorney sanctions for document fraud, 356 357 confidentiality and client fraud, 346 347 crimes of moral turpitude, 149 inadmissibility, grounds of, 166 169 final civil document fraud order, 171 172 waivers, 199 200 [2016 Edition] 365
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, 160 161 Good moral character VAWA self-petitioners, 307 308 evidence of, 312, 325 333 Green cards compared to permanent resident card, 104 LPR status, 1 Guilty pleas inadmissibility, grounds of, 148 G H Hague Convention rules adoption process, 56 59 Haitian Refugee and Immigrant Fairness Act (HRIFA) abused spouses and children, 322 323 reinstatement of removal exceptions, 183 Health inadmissibility, grounds of, 140 144. See also Inadmissibility, grounds of waivers, 193 197 Health care workers inadmissibility, grounds of, 164 165 Homeland Security rules on professional conduct for immigration practitioners, 355 357 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, 31 39 qualifying under 245(i), 63 68 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, 123 124 Imprisonment, term of inadmissibility, grounds of, 147 Inadmissibility, grounds of generally, 139 186 categories, 139 child abduction (international), 182 criminal grounds, 144 154 controlled substance violations, 151 convictions, 144 148, 151 crimes of moral turpitude, 148 151 drug traffickers, 151 152 evaluating consequences of crime, 154 foreign government officials who engaged in severe violations of religious freedom, 153 guilty pleas, 148 366 Copyright 2016. American Immigration Lawyers Association
INDEX Legitimacy prostitution and commercialized vice, 152 153 traffickers in persons, 153 154 documentary requirements, 172 health-related grounds, 140 144 communicable diseases, 140 drug abusers or addicts, 142 144 physical or mental disorders, 141 142 vaccination, lack of, 140 141 ineligibility for citizenship, 172 174 labor protection grounds, 164 165 miscellaneous grounds, 182 183 national security grounds, 154 161 Communist party or totalitarian party membership, 158 160 espionage, sabotage, export control violations, and other unlawful activities, 155 serious adverse consequences for foreign policy, 158 terrorist activities, 155 158 no waiver under 245(i), 64 overview, 139 140 polygamy, 182 previous immigration violations, 165 172 aliens present without permission or parole, 165 166 failure to attend removal proceedings, 166 false claim of U.S. citizenship, 169 170 final civil document fraud order, 171 172 fraud or willful misrepresentation, 166 169 smugglers, 170 171 stowaways, 170 prior removal orders, 174 182 public charge grounds, 161 164 re-entering U.S. without authorization, 180 182 reinstatement of removal, 183 186 tax avoidance as reason to renounce citizenship, 182 unlawful presence bars, 175 180 voting unlawfully, 182 waivers. See Waivers Income. See Affidavit of support Ineligibility for citizenship inadmissibility, grounds of, 172 174 Informed consent ethical issues, 349 350 Inspection by Customs and Border Protection, 53 International Convention on the Prevention and Punishment of Genocide inadmissibility, grounds of, 160 161 International Religious Freedom Act of 1998 severe violations of religious freedom, 153 Interviews adjustment of status, 76 consular processing, 85 87, 98 101 marriage-based cases, 51 52, 119 120 VAWA intake interview, 314 [2016 Edition] 367 K K visas fiancé(e)s and their children (K-1 and K-2 visas), 127 129 nonimmigrants K-3 and K-4 visas, 129 131 Labor certification inadmissibility, grounds of, 164 165 Lawfully present defined, 177 179 Lawful permanent residents (LPRs) proof of status, 1 V visas for spouses and children of, 131 135 Legitimacy defined, 3 L
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, 105 106 battered spouse waiver, 111 113 children affected by conditional residence provision, 106 107 conditional resident status, 104 123 children, petitions and waivers for, 118 filing joint petition, 109 notice from USCIS, 123 reapplication for immigrant visa after termination of, 122 123 removal of, 108 118 termination of, 107 108 waiver of joint petition, 109 114 death of spouse, 110 divorce/annulment waiver, 110 111 documentary evidence of good-faith marriage, 115 extreme hardship waiver, 113 114 failing marriage, 117 118 fiancé(e) visas (K-1 and K-2), 127 129 filing fee and procedure, 114 115. See also Form I-751 good-faith marriage, 304 evidence of, 312 313 immigration through, 103 138 interview, 51 52, 119 120 late petitions, 116 117 overview, 103 104 priority dates and, 9 second-preference petitions, 124 126 traveling abroad at time petition filed, 115 116 two-year foreign residence requirement, 123 124 VAWA self-petitioners, 305 Means-tested benefit programs income test for affidavit of support, 292 public charge standard, 161 164 sponsored immigrants qualifying for, 283 284 Medical examinations consular processing, 85, 102 Mental disorders inadmissibility, grounds of, 141 142 associated harmful behavior, 187 189 waivers, 144, 193 195 Meritorious claims ethical issues, 354 355 Military Selective Service Act exemption of nonimmigrants from U.S. military service, 173 Misrepresentation. See Fraud Moral turpitude, crimes of inadmissibility, grounds of, 148 151 Motions to reopen removal or deportation proceedings, 319 320, 323 Murder crimes of moral turpitude, 149 National security grounds inadmissibility, grounds of, 154 161 National Visa Center consular processing, role in, 79 81 fee notices, 90 94 provisional waiver applications, 205 Naturalization priority dates and, 10 11 VAWA self-petitioners, 322 368 Copyright 2016. American Immigration Lawyers Association N
INDEX Re-entering U.S. without authorization Nazi persecution participants inadmissibility, grounds of, 160 161 Nicaraguan Adjustment and Central American Relief Act (NACARA) abused spouses and children, 322 323 reinstatement of removal exceptions, 183 184 Notice requirements conditional resident status, 123 Nurses inadmissibility, grounds of, 164 165 Orphans requirements, 4 O P Parents defined, 3 Parole aliens present without permission or parole, grounds of inadmissibility, 165 166 PATRIOT Act. See USA PATRIOT Act of 2001 Petitioners death of, 11 14, 54, 281 282 defined, 2 Petty offenses crimes of moral turpitude, exception to, 150 Philippines CSPA provisions for aging out, 19 Physical disorders inadmissibility, grounds of, 141 142 waivers, 144, 193 195 Physicians inadmissibility, grounds of, 164 165 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, 165 172 Principal beneficiaries defined, 8 Priority dates age-out problem and, 14 15 death of petitioner and, 11 14 defined, 7 8 divorce and, 10 marriage and, 9 naturalization and, 10 11 pre-1977 Western Hemisphere priority dates, 15 retention of, 9 15 Prior removal orders inadmissibility, grounds of, 174 182 reinstatement of removal, 183 186 Professional conduct. See Ethical issues Prostitution crimes of moral turpitude, 150 inadmissibility, grounds of, 152 153 Public charge inadmissibility, grounds of, 161 164 Quota system described, 6 8 Rape crimes of moral turpitude, 149 150 REAL ID Act of 2005 terrorist activities as grounds of inadmissibility, 155 158 Re-entering U.S. without authorization inadmissibility, grounds of, 180 182 [2016 Edition] 369 Q R
Refugees IMMIGRATION LAW & THE FAMILY, 4TH ED. Refugees waivers of inadmissibility, 208 210 Reinstatement of removal inadmissibility, grounds of, 183 186 retroactive application, 184 Religious freedom foreign government officials engaging in severe violations of, 153 Removal proceedings denial of Form I-751, 121 122 failure to attend as grounds of inadmissibility, 166 motions to reopen, 319 320 prior orders as grounds of inadmissibility, 174 182 reinstatement of removal as grounds of inadmissibility, 183 186 retroactive application, 184 VAWA self-petitioners, 320 322 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, 170 171 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, 47 49 evidence of family relationship, 49 petitioner s evidence of U.S. citizenship, 48 49 370 Copyright 2016. American Immigration Lawyers Association T Tax avoidance renouncing citizenship for, grounds of inadmissibility, 182 Termination of registration grounds for, 87 88 Terrorist activities inadmissibility, grounds of, 155 158 Terrorist organizations tiers of, 156 157 Theft crimes of moral turpitude, 150 Totalitarian party membership inadmissibility, grounds of, 158 160 Totality of circumstances test public charge standard, 162 163 Trafficking Victims Protection Act of 2000 inadmissibility, grounds of, 153 154 Traveling abroad aliens unlawfully present who depart U.S., 175 176 marriage petition filed during, 115 116 V status and, 133 Two-year foreign residence requirement marriage during deportation or exclusion proceedings, 123 124 Unlawfully present defined, 177 179 U
INDEX Waivers departing U.S., 175 176 Unlawful presence bars inadmissibility, grounds of, 175 180 waivers, 180, 200 201, 204 206 Unmarried children preference category and quota, 6 requirements, 4 5 Unrepresented third party ethical issues, 353 354 USA PATRIOT Act of 2001 spouses and fiancé(e)s who died on September 11, 2001, relief for, 137 138 terrorist activities as grounds of inadmissibility, 155 158 V V visas spouses and children of LPRs, 131 135 Vaccination inadmissibility, grounds of, 140 141 waivers, 144, 195 197 Vietnam draft evaders pardon for, 174 Violence Against Women Act (VAWA) generally, 301 324 abuse defined, 307 evidence of, 313 adjustment of status, 315 320 background, 301 302 deferred action, 315 deportability ground eased for abused persons, 318 319 derivative spouses, 324 employment authorization, 315 extreme hardship, 193 good-faith marriage, 304 evidence of, 312 313 good moral character, 307 308 evidence of, 312, 325 333 intake interview, 314 naturalization, 322 removal or deportation proceedings, 320 322 self-petitioning, 303 315 aging out protection, 305 306 citizenship or immigration status of abuser, 306 307 death of USC abuser, 307 derivative children, 305, 313 eligibility, 302 evidence of abuser s USC or LPR status, 311 312 evidence of applicant s physical presence, 312 evidence of qualifying relationship to abuser, 309 311 filing procedure, 314 315 marital relationship, 304 305 marriage or remarriage of selfpetitioners, 305 packet contents, 308 314 parent-child relationship, 305 requirements, 303 308 residence, 304 waiver of permanent bar inadmissibility, 161, 181, 194, 315 319 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, 109 114 inadmissibility, grounds of, 144 asylees and refugees, 208 210
Welfare programs IMMIGRATION LAW & THE FAMILY, 4TH ED. communicable diseases, 144, 193 procedure for filing, 201 204 195 smuggling, 170 171 Communist party or totalitarian party membership, 161 157 terrorism-related bars to admission, consent to reapply for admission, unlawful presence bars, 180, 200 206 208 201, 204 206 criminal grounds, 197 199 vaccination, lack of, 144, 195 197 eligibility requirements, 191 210 VAWA self-petitioners, 181, 194, extreme hardship, 191 201, 202 315 319 203 interview in marriage-based cases, 120 filing fee, 201 provisional, 204 206 final civil document fraud order, response letter, 211 212 171 172 sample I-601 waivers, 213 255 fraud or misrepresentation, 199 200 Welfare programs health-related grounds, 144, 193 See Means-tested benefit programs 197 Widow(er)s physical or mental disorders, 144, 193 195 372 Copyright 2016. American Immigration Lawyers Association