Credits: 3.0 Credit Hours

NEW RULES AND PROCEDURES:  On January 3, 2013, the U.S. Department of Homeland Security published the much-awaited regulatory changes governing unlawful presence waivers for certain family members of U.S. citizens.  The new rules, effective March 4, 2013, will allow for U.S. based processing of unlawful presence waivers for certain foreign nationals who have previously been compelled to travel abroad for waiver adjudication.

Description:  Certain people with histories of criminal activity, immigration fraud, drug abuse, infectious medical problems, or certain other characteristics are not eligible for a visa, green card, or U.S. entry. These immigration hurdles are known as grounds of inadmissibility. This course will introduce practitioners to preparing effective waivers of inadmissibility for their clients and navigating the procedural complexities of the U.S. Citizenship and Immigration Services and overseas consulates.  We will thoroughly review eligibility rules and filing procedures for the new provisional waiver process. Participants will walk away with a toolbox of techniques for preparing comprehensive waivers that bring out the client's viewpoint while addressing the government's key concerns.   This course is recommended for new practitioners, or seasoned practitioners who are now developing a waiver practice.  You will learn about these issues and more:

What grounds of inadmissibility are waivable?

What is the standard for 212(h) and 212(i) waivers?

The new state-side waiver process - who is eligible?

Adjustment of status with a waiver vs. consular processing with a waiver - what are the steps?

The I-601 and the I-212 - what does your client need?

Preparing a client for a time and resource intensive process

Crafting an effective declaration with your client

Identifying persuasive evidence

Bringing the evidence and arguments together in a powerful memorandum