NBC I-601A Provisional Unlawful Presence Waiver Slides - 58 pages, from Jan. 2013 . [Hats off to AILA for obtaining these through FOIA!]
"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion...
"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under...
"Please join the Office of the Citizenship and Immigration Services Ombudsman for a teleconference on I-601A provisional waivers. U.S. Citizenship and Immigration Services (USCIS) recently issued field guidance affecting some I-601A applications for provisional...
"USCIS is issuing guidance in the USCIS Policy Manual on the health-related grounds of inadmissibility under INA 212(a)(1) and corresponding waivers under INA 212(g). ... USCIS currently provides guidance on medical grounds of inadmissibility in AFM 40.1;...
"USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within the “petty offense...
"... Generally, all applicants must be interviewed in person. There are certain circumstances in which you, the chief of mission (COM), or the Deputy Assistant Secretary (DAS) for Visa Services may waive the personal interview for a visa applicant. ..."...
"Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182...
Alan Lee writes: " Attached is another recent I-601 win at the AAO . In this case, the qualifying relatives were the applicant's U. S. citizen wife and permanent resident parents. The portion of the field office denial relating to the case was a peremptory...
Alan Lee writes: "[Linked] is a decision that we just received from the AAO sustaining our appeal of an INA §212(i) denial for a Chinese national entering the U. S. with a photo substituted Taiwanese passport who was placed in proceedings and remained in...
"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. In this case, the applicant did not disclose his conviction when...
"While the AAO does not have jurisdiction directly over the denial of an adjustment application, the AAO does have jurisdiction over the denial of most waiver applications. And in the AAO’s view, appellate jurisdiction to determine whether someone should...
"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting the...
"Pursuant to the authority vested in me by Section 107(a) of the William Wilberforce Trafficking Victims Protection Act of 2008 (Pub. L. 110–457) and Delegation of Waiver Authority Pursuant to Section 107(a) of Public Law 110–457, I hereby determine that a...
"Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility. However, the AAO may only consider hardship to a qualifying relative. The AAO may give some consideration...