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I-601 Waiver Peru: Case Study 3

By |April 2nd, 2010|I-601 Waiver Case Studies|

An applicant's 601 waiver was denied at Lima, Peru, resulting in his inability to get a green card. Some years before, the man had submitted fraudulent employment references to the US Embassy when applying for an E-3 visa. As a result, the man was inadmissible to the United States for misrepresentation under INA section 212(a)(6)(C)(i). [...]

Adjustment of Status v. Consular Processing

By |March 23rd, 2010|Adjustment of Status (AOS)|

Once an immediate relative of a US citizen or lawful permanent resident has an immigrant visa available to them, he or she must decide whether to obtain the green card via the adjustment of status process, or via consular processing. Each of the options has advantages and drawbacks. Thus, an immigration lawyer should be consulted [...]

601 Waiver Processing Time

By |March 19th, 2010|Immigration Waiver|

How long does it take to get a decision on a 601 waiver after it is filed with immigration authorities? Well, it depends. The processing time for a 601 waiver depends on a number of factors including, but not limited to, where it was filed, the applicant's criminal history, the applicant's immigration history, and whether [...]

Mexico Green Card Waiver Interviews Rescheduled

By |March 17th, 2010|Immigration Waiver|

As you may know, three individuals connected with the US Consulate in Ciudad de Juarez, Mexico were gunned down over the weekend. What you may not know, however, is that Juarez (CDJ) is the epicenter of processing for Mexicans who wish to immigrate to the United States. All Mexico green card applicants, whether via an [...]

Green Card for South Dakota priest from Ireland

By |March 17th, 2010|Green Card|

In honor of St. Patrick's Day, I write about a South Dakota priest from Ireland who recently got his green card. Father Cathal Gallagher arrived in America in 1996 to work as a chaplain in Minnesota. He moved to Sioux Falls and remained there for ten years. South Dakota Green Card Application While in South [...]

Inadmissibility Waiver case study: J1 waiver

By |March 15th, 2010|Immigration Waiver|

While most applicants for an inadmissibility waiver have been barred from admission to the US for a prior immigration violation, criminal history or misrepresentation, the J1 waiver is a sub-type of the inadmissibility waiver used to excuse the two-year foreign residence requirement for former J1 visa holders. When a foreign national enters the us on [...]

601 Waiver Mexico: Case Study 2

By |March 15th, 2010|I-601 Waiver Case Studies|

The following case study is provided for informational purposes only. Millie Anne Cavanaugh, Esq. had no involvement in the handling of this case. In September 2009, the Administrative Appeals Office (AAO) of the USCIS upheld the decision of the local immigration officer in Mexico City denying a 601 waiver due to an EWI (enter without [...]

601 Waiver & Extreme Hardship

By |March 13th, 2010|Immigration Waiver|

When a potential client calls to discuss their 601 waiver case, it is always essential to discuss with them what constitutes extreme hardship for the purposes of the 601 waiver.  Frequently, the client will assume that his or her particular situation clearly qualifies as extreme hardship, and simply wants to know how long it will [...]

J1 Waiver Processing Times March 2010

By |March 11th, 2010|Immigration Waiver|

Certain J1 visa exchange program participants are required to return home for a minimum of two years before being allowed to work in the US under temporary work visas or adjust status to that of a green card holder. Some participants, however, can have this foreign resident requirement (INA section 212(e)) excused if they meet [...]