Recently, I attended the 2013 AILA (American Immigration Lawyers Association) national conference in San Francisco. This conference brings together some of the best and brightest immigration practitioners nationwide. After attending numerous sessions, I gained new insight into a variety of topics. Below are some of the main highlights:
Nonimmigrants who are accustomed to receiving paper I-94 cards upon entry into the United States may be pleased to hear that Customs now issues paperless I-94s to those traveling by air or sea. The foreign national will be able to print a computer-generated copy of the paperless I-94 online here. It is a good idea to review the computer version for accuracy and then print and staple the I-94 into a passport.
During the Conference, on June 26th, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, also known as … Read More »
Many immigration applications require an applicant to demonstrate extreme hardship. In light of the recent decision by U.S. Citizenship and Immigration Services to allow hardship waiver processing in the U.S., this hardship determination is particularly important. Many immigrants and their loved ones often wonder, though, what is extreme hardship? Does my case rise to the level of “extreme”?
Before jumping into the relevant factors, it is helpful to consider who actually needs to suffer the extreme hardship in order to qualify. Here are some examples of the “qualifying relatives” for three common waivers:
Unlawful presence waiver – extreme hardship must be to a U.S. citizen or lawful permanent resident spouse or parent;
212(h) waiver for certain crimes – extreme hardship must be to a U.S. citizen or lawful permanent resident spouse, parent, son, or daughter; and
212(i) waiver for misrepresentation/fraud – extreme hardship must be to … Read More »
Green cards obtained through marriage to a U.S. citizen are a popular way to achieve permanent residency status in the United States. But what happens when the non-citizen spouse in the relationship did not enter the country lawfully? Is there any hope for star-crossed lovers in this situation?
Rumors abound on what, exactly, can and cannot be done for a non-citizen spouse. Any spouse who wants to obtain a green card and has been unlawfully present in the U.S. for over 6 months but less than 1 year is subject to a 3-year bar from the U.S. before they can return with proper documentation. For those who spent more than 1 year out of status, the punishment is an even steeper 10-year bar.
Let’s look at a simple example. Tony, a native of Guatemala, enters the U.S. in 2003 without a visa. … Read More »