Visa Lawyer Blog

Articles Posted in Waivers

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On January 21, 2016 the Department of Homeland Security confirmed that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act would begin to be implemented. As a result of the recent terrorist attacks in San Bernardino county and abroad, Congress passed the Act in an effort to protect Americans from potential attacks and to secure the border. The Act increases travel restrictions for certain nationals seeking admission to the United States via the Visa Waiver Program.

Presently, the Visa Waiver Program allows nationals from 38 designated countries to travel and seek admission to the United States without a visa, for a maximum duration of 90 days. Visa Waiver Program travelers must have an approved Electronic System for Travel Authorization (ESTA) before travel.

As of January 21, nationals of visa waiver participating countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 will no longer be eligible to travel or seek admission to the United States under the visa waiver program.  Nationals from visa waiver participating countries who maintain dual nationality with any of the aforementioned countries, are also excluded from traveling or seeking admission to the United States under the visa waiver program. Instead, these individuals must apply for a tourist visa at a United States Consulate or Embassy abroad before seeking admission to the United States. Part of this process will require a nonimmigrant interview to be conducted, before issuance of a tourist visa. DHS expects that this new legislation will not adversely impact visa waiver program travelers, since the Act does not ban these individuals from traveling to the United States, rather it removes the privilege of traveling under the visa waiver program, and requires these individuals to apply for a tourist visa.

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Following a recent surge in apprehensions of undocumented immigrants at the Southwest border, the Department of Homeland Security announced that, beginning January 1st Immigration and Customs Enforcement (ICE) engaged in a concerted nationwide crackdown, taking adults and some children into custody, who have evaded their orders for removal. In a recent press release, the Secretary of DHS, Jeh Johnson indicated that the crackdown occurred as a result of President Obama’s November 2014 executive action on immigration, which put in place new priorities for removal, including the removal of convicted criminals, individuals posing a threat to national security, individuals apprehended at the border or who were found to have entered the United States unlawfully after January 1, 2014. In November 2014 President Obama had implemented these new priorities in an effort to secure the border. In the press release, Jeh Johnson added, “as I have said repeatedly, our borders are not open to illegal migration; if you come here illegally, we will send you back consistent with our laws and values…individuals who constitute enforcement priorities, including families and unaccompanied children will be removed.”

According to the Department of Homeland Security, Central American migrants were removed and repatriated at an increasing rate since the summer of 2014. During this time, there was a surge in the number of families and unaccompanied children from Central America attempting to cross the southern border illegally. In response to this surge, DHS collaborated with the Mexican, Guatemalan, Honduran, and Salvadorian governments to decrease these numbers. According to Jeh Johnson the collaborative efforts were temporarily successfully. In 2015 the number of apprehensions by the U.S. Border Patrol decreased dramatically to 331, 333. Fiscal year 2015 experienced the lowest amount of apprehensions on the southern border since 1972. Recently, an increased rate of apprehensions resurfaced. This sudden spike resulted in the January 1st crackdown prompting ICE to action. As part of the crackdown, dozens of female agents and medical personnel were deployed to assist with the apprehension and removal process. According to DHS, in cases involving medical urgency or other reasons, ICE exercised prosecutorial discretion. As stated by DHS, enforcement operations will continue as needed in collaboration with state and local law enforcement.

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Do’s and Don’ts

If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. First, you should understand what you can do while on a temporary visitor visa and what you cannot do. You may travel to the United States on a visitor visa if your visit will be temporary. The proposed visit must be either for recreational purposes such as to visit your friends and relatives in the United States, receive medical treatment, attend a short course of study related to the nature of your trip, or to engage in activities of a fraternal, social, or service nature. You may not enroll in a course of study that exceeds your authorized duration of stay of is unrelated to the nature of your trip, and you may not seek employment during your stay. If approved, a visitor visa is generally authorized for a 6-month period which may be extended for an additional 6 months by filing Form I-539 Application to Extend/Change Nonimmigrant Status.

Does your country participate in the visa waiver program?

Before applying for a visitor visa , you should verify whether you are a citizen of a country that participates in the visa waiver program. Presently 38 countries participate in the visa waiver program, as shown below.

Andorra Hungary Norway
Australia Iceland Portugal
Austria Ireland San Marino
Belgium Italy Singapore
Brunei Japan Slovakia
Chile Latvia Slovenia
Czech Republic Liechtenstein South Korea
Denmark Lithuania Spain
Estonia Luxembourg Sweden
Finland Malta Switzerland
France Monaco Taiwan
Germany the Netherlands United Kingdom
Greece New Zealand

If your country of citizenship participates in the visa waiver program, you may not need to apply for a tourist visa at a US Consulate or Embassy abroad. If you have been previously denied a United States visa, the Electronic System for Travel Authorization (ESTA) will automatically deny your ESTA submission and you will not be eligible to travel under the VWP even if your country participates in the program. Note: The House of Representatives and the Senate is presently in talks to approve a bill that will block individuals who have traveled to Syria, Iraq, Iran, or Sudan during the last 5 years from using the visa waiver program.

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lupe

It is our pleasure to introduce our incredibly skilled operations manager and immigration consultant, Lupe Lopez. If you have called or stopped by our San Diego office for a consultation, chances are you have already met with her to discuss your needs. Throughout her immigration career, Ms. Lopez has assisted thousands of clients with their immigration concerns. There is no situation or immigration story she hasn’t heard and no shortage of extraordinarily challenging cases she has assisted with. Her compassion and empathy working with clients who have faced family separation and other adversities is unmatched.

Ms. Lopez holds over 12 years of experience in the field of immigration legal services. Her expertise includes filing waivers of inadmissibility, I-360 VAWA petitions, removal proceedings, nonimmigrant waivers, business, investment, and family immigration petitions. Ms. Lopez possesses a B.S. in Human Resource Management and a Certificate in Labor Relations. She is currently in the process of becoming Dale Carnegie certified. Aside from serving as an immigration consultant, Ms. Lopez is also our Operations Manager, ensuring that we deliver the highest level of customer service with proven results. She helps train, organize, and improve our operations systems which allow us to gain the customer trust, loyalty, and satisfaction. In her capacity as operations manager, she addresses both internal concerns and client concerns keeping our standards for excellence above our competitors.

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extreme hardship

Yesterday, USCIS released a draft version of what will eventually be used as the policy manual guide of extreme hardship. The policy manual has been created for the purpose of assisting adjudicating officers in making final determinations on the merits of waivers of inadmissibility. Certain aliens, who are found to be inadmissible under specific grounds of the law, can apply for a discretionary waiver in order to adjust their status to permanent residence. In order to do so, the alien must demonstrate their relationship to a qualifying relative (US Citizen or LPR family member) and establish that the qualifying relative would experience an “extreme hardship” in their absence. The policy manual includes guidance relating to general considerations, interpretations of existing law, and adjudication steps that will help consular officers establish whether a waiver of inadmissibility merits a favorable decision and whether the burden of proof has been satisfied by the applicant. The draft highlights important requirements that must be taken into consideration by adjudicating officers when considering the merits of a waiver application. Such requirements include 1) whether the alien has demonstrated that they possess a qualifying relative 2) the presence of an extreme hardship to the qualifying relative and 3) discretionary measures based on the totality of the facts presented. USCIS has invited the public to comment on the draft from now until November 23, 2015.

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Great news for regional center investors, medical doctors applying for a J-1 visa waiver under the Conrad 30 Waiver Program, and religious workers; a federal government shutdown has been avoided—at least until December 11, 2015. As reported in our previous blog earlier this week, Congress was faced with the challenge of voting on a short-term spending bill, a continuing appropriations resolution, that would temporarily fund the government through December 11th of this year.  Yesterday, September 30th the House and Senate successfully passed the continuing appropriations resolution. President Obama signed it into law that same day.

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You have Questions, We have your Answers. Here are answers to 6 of our Frequently Asked Questions

In this blog we are answering 6 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I have my green card and I can file for citizenship in the near future but my marriage is not working and I am trying to figure out my options.

A: The first question our office would have for you is whether you have a conditional 2 year green card or a 10 year green card? If you have a conditional 2 year green card you must apply for the I-751 removal of conditions application in order to receive the 10 year green card. It is possible to file the I-751 application for removal of conditions, even if you are now separated and in the process of dissolving the marriage or if you are legally divorced. This is called seeking a waiver of the joint filing requirement for the I-751 removal of conditions application or what is typically referred to as the I-751 waiver. In order to do so, you will need to indicate on the I-751 Removal of Conditions Application that you are seeking a waiver of the joint filing requirement. To file for an I-751 Waiver you must be presently separated and in the process of dissolving your marriage or already be legally divorced. Filing for a waiver of the I-751 is very detail-oriented and a very time consuming process, given that the applicant needs to prepare a detailed personal statement providing a detailed timeline of the relationship from beginning to end, as well as detailed information regarding why the marriage broke down and the applicant’s plans for the future. In addition, the applicant must be prepared to provide documented evidence that the marriage was entered into in good faith and the relationship and marriage was bona fide. You should definitely seek the help of an accredited legal representative to assist you in order for your application to be successful.

If you already have the 10 year green card, you cannot apply for citizenship until at least 5 years have passed from the date of becoming a permanent resident. If you have any arrests or other criminal history you must consult with an attorney or accredited legal representative. We would be happy to assist.

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imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

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Jose came into our office yesterday.  He had been here before.  About a year ago he came in to have a consultation with us and it seems we didn’t have the “right” answers that he wanted to hear.  This led to Jose searching for what he really wanted to hear.

For the past year, Jose has visited several immigration attorneys to confirm the information we had already given him.  The answer was always the same; except one day he found one attorney who gave him hope.  Unfortunately, the attorney took his hope, his money, and didn’t do anything to help.

We hear this story often and there isn’t a week that goes by where we don’t see a person who has entrusted their life and their savings to an inexperienced attorney, or worst yet, to an unscrupulous attorney or immigration consultant.  There are times that we have to give people the bad news – that there is nothing that can be done to help them.  The person is usually devastated and in their desperation will state “I’ll find a better attorney and he will be able to help me.”  The truth is, if you search for the answer you want to hear, you will always find someone who are willing to help you; that is they are willing help you be separated from your money – leaving you hopeless.

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Bill was a world renowned and very accomplished sculptor and 3d artist in his country. In 2009, Bill decided to make his first visit to the United States. It was here, in the land of opportunity, that he was able to develop his craft further and had the unique opportunity to study animation, the marketing of sculptural art, and technologies in film production. Having already been working for a famous television station in his country, it was only fitting for him to expand his studies in these fields. As a professional artist with extraordinary skills, our client was eligible to file an O-1 visa and could very well obtain his permanent residency through this avenue. After seeking legal advice, Bill decided to go forward with the process of applying for an I-129 Petition for an alien with extraordinary abilities in the arts. While his application was pending, Bill decided to visit his aunt and cousins in Los Angeles. It was through his cousin that Bill would meet his future wife, Elizabeth. After various phone calls and emails, the two decided to meet, and it was indeed love at first sight for the pair. The couple found that they shared similar interests, had a similar background, traditions, and customs.

During the following months, the couple went on frequent outings together as well as with their family members. All seemed perfect. Bill was ready to pop the question and did so in a magical way in Laguna Beach, California. Elizabeth’s parents were not only supportive of Bill’s professional work; they welcomed him into their family as a son, and allowed him to live with Elizabeth in their home during their marriage. A few months after marrying, Elizabeth and Bill decided to file for Bill’s Adjustment of Status. Elizabeth was very enthusiastic about petitioning for Bill because she felt the process would be much quicker than that of the I-129 petition that was pending. Bill completely put his trust in Elizabeth and allowed her to take the reins on his adjustment of status application.

During their marriage, Bill began to see that his wife was not the person he believed her to be. She refused to work and would spend her days chatting with friends and playing computer games until the morning hours. He also began to realize that she had no regard for his financial situation and would spend the money he earned from his family and from freelancing, on luxurious items that were unnecessary expenses. A few months later, Bill heard that his father had been diagnosed with cancer and was fighting for his life. About this time, Bill was fortunate enough to have received his permanent resident card, so he was able to travel internationally without preoccupation. Devastated, Bill traveled to his country alone to support his inconsolable mother and help his family financially. Elizabeth had chosen to stay behind with her family. While he was back in his country dealing with the stress surrounding the terminal nature of his father’s condition, Bill began to receive unrealistic and threatening demands from Elizabeth.

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