Families & Immigration: A Practical Guide

Introduction
Table of Contents
Chapter 1: Qualifying Family Relationships & Eligibility for Visas
	§ 1.1 Overview of the Family Immigration Process: A Two-Step Process
	§ 1.2 The Immediate Relative Category & Definition of “Child” and “Spouse”
	§ 1.3 “K” Visas for Fiancé(e)s, Spouses, and Children of U.S. Citizens
	§ 1.4 Petitions under the Preference System: Definition of Siblings and Sons and Daughters
	§ 1.5 The Preference Categories
	§ 1.6 Derivative Beneficiaries
	§ 1.7 How the Preference System Works
	§ 1.8 Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate
	§ 1.9 Advising Your Client about When a Visa May Become Available
	§ 1.10 The Child Status Protection Act (CSPA)
	§ 1.11 “V” Visas for the Spouses and Children of Lawful Permanent Residents
	§ 1.12 Protection for the Beneficiaries of a Family Petition When a Qualifying Relative Dies
	§ 1.13 When Is a Visa Petition Terminated or No Longer Valid?
	§ 1.14 Diversity Immigrants, Employment Visas, and Children in Juvenile Court Proceedings
	Appendix 1-A
	Appendix 1-B
	Appendix 1-C
Chapter 2: Submitting the Petition
	§ 2.1 Completing Government Forms
	§ 2.2 Completing the Visa Petition, Form I-130
	§ 2.3 The I-130A and Photograph: Required in a Petition for a Husband or Wife
	§ 2.4 Documenting the Visa Petition
	§ 2.5 What Documents Are Needed to Prove Family Relationship?
	§ 2.6 Obtaining Documents in the United States to Show Family Relationship
	§ 2.7 Obtaining Documents from Other Countries
	§ 2.8 Making Proper Copies of Documents
	§ 2.9 Making Certified Translations of Documents
	§ 2.10 Documenting the Immigration Status of the Petitioner
	§ 2.11 Filing the I-130 Packet
	§ 2.12 USCIS Challenges to a Marriage
	§ 2.13 The Legal Standard for a Marriage
	§ 2.14 Documentation to Show that a Marriage Is Bona Fide
	§ 2.15 What Will Happen at the Marriage Fraud Interview?
	§ 2.16 Preparing Your Client: Self-Defense Techniques for USCIS Interviews
	§ 2.17 Special Rules That Affect Spousal Visa Petitions
	§ 2.18 Appealing a Denial by USCIS of an I-130 Petition
	Appendix 2-A
	Appendix 2-B
	Appendix 2-C
	Appendix 2-D
Chapter 3: Adjustment of Status & Conditional Residence
	§ 3.1 What Is Adjustment of Status?
	§ 3.2 Who Is Eligible for Adjustment of Status Based on a Family Petition?
	§ 3.3 Red Flags: Identifying Potential Risks to Adjustment
	§ 3.4 245(a): Adjustment for Those Who Were Inspected & Admitted or Paroled and Meet Other Requirements
	§ 3.5 Section 245(i): Adjustment for Those Who Entered without Inspection or Do Not Qualify for § 245(a) Adjustment
	§ 3.6 The Three- and Ten-Year Bars and Adjustment of Status
	§ 3.7 Preparing and Submitting the Adjustment Packet
	§ 3.8 The Effect of Leaving the Country
	§ 3.9 What Will Happen at the Adjustment Interview?
	§ 3.10 The Decision: Approvals and Denials
	§ 3.11 Marriage-Based Cases and Conditional Residence
	§ 3.12 What Is Conditional Permanent Residency?
	§ 3.13 Who Is a Conditional Permanent Resident?
	§ 3.14 Removal of Conditional Residency if the Marriage Still Exists after Two Years: The I-751 “Joint Petition”
	§ 3.15 When to File the I-751 Joint Petition
	§ 3.16 Completing the I-751 Joint Petition
	§ 3.17 Application Procedure: Filing, Extension of Status, and Interview
	§ 3.18 Denials and Appeals
	§ 3.19 Termination of Conditional Residency by USCIS during the “Testing Period”
	§ 3.20 Introduction to Waivers of the I-751 Joint Filing Requirement
	§ 3.21 When to File
	§ 3.22 How to File a Waiver
	§ 3.23 The “Good Faith” Waiver
	§ 3.24 How to Show Extreme Hardship
	§ 3.25 The Battery or Extreme Cruelty Waiver
	§ 3.26 Proof of Battery or Extreme Cruelty
	§ 3.27 Additional Help for Battered Spouses and Children
	§ 3.28 Filing a Waiver if the U.S. Citizen or Permanent Resident Spouse Has Died
	§ 3.29 Dependent Sons and Daughters
	§ 3.30 Failing Marriages and Waivers
	Appendix 3-A
	Appendix 3-B
	Appendix 3-C
	Appendix 3-D
	Appendix 3-E
	Appendix 3-F
Chapter 4: Applying for Permanent Residence through Consular Processing
	§ 4.1 Introduction to Consular Processing
	§ 4.2 How Consular Processing Responsibilities Are Divided among Agencies
	§ 4.3 Finding the Rules: The Statute, Regulations, Foreign Affairs Manual, and NVC Instructions
	§ 4.4 Overview of Consular Processing Steps and Utilizing the Visa Bulletin
	§ 4.5 Step I: Establishing Email Correspondence and a Point of Contact
	§ 4.6 Step II: Paying the Fees
	§ 4.7 Step III: Submitting the Online Application for an Immigrant Visa
	§ 4.8 Step IV: Submitting the Affidavit of Support with Financial Documentation and the Supporting Civil Documents
	§ 4.9 Step V: Preparing for the Consular Interview
	§ 4.10 Step VI: The Consular Interview
	§ 4.11 The Alien Registration Card or Permanent Resident Card (“Green Card”)
	Appendix 4-A
	Appendix 4-B
	Appendix 4-C
	Appendix 4-D
	Appendix 4-E
	Appendix 4-F
	Appendix 4-G
	Appendix 4-H
	Appendix 4-I
	Appendix 4-J
	Appendix 4-K
	Appendix 4-L
Chapter 5: Grounds of Inadmissibility
	§ 5.1 Overview of Admissibility, Deportability, Admission, and Removal
	§ 5.2 Health-Related Grounds: Communicable Diseases, Required Vaccinations, Dangerous Disorders, and Addiction and Abuse
	§ 5.3 Alien Smuggling: Grounds of Inadmissibility and Deportability
	§ 5.4 Fraud and Misrepresentation
	§ 5.5 Document Fraud: Ground of Inadmissibility and Deportability
	§ 5.6 Insufficient Documentation
	§ 5.7 False Claim to U.S. Citizenship
	§ 5.8 Likely to Become a Public Charge
	§ 5.9 Terrorists, Draft Dodgers, Unlawful Voters, Stowaways, Polygamists
	§ 5.10 Entry, Admission, and Effective Dates
	§ 5.11 Unlawfully Present in the United States without Being Admitted or Paroled
	§ 5.12 Three- and Ten-Year Bars for Those Unlawfully Present Who Depart and Then Apply for Admission and the Family Hardship Waiver
	§ 5.13 “Permanent Bar” to Persons Who Were Unlawfully Present for More than One Year or Were Ordered Removed and Who Enter or Attempt to Enter without Being Admitted
	§ 5.14 Failure to Attend Removal Proceedings
	§ 5.15 Past Removal or Deportation/Exclusion
	§ 5.16 Reinstatement
	§ 5.17 Clients with Criminal Records
	§ 5.18 What Is a Criminal Conviction?
	§ 5.19 What Evidence Can the DHS Submit to Show a Conviction?
	§ 5.20 What Is a Sentence for Immigration Purposes?
	§ 5.21 How to Analyze a Past Conviction: The Categorical Approach
	§ 5.22 Overview of Immigration Consequences of Crimes
	§ 5.23 Inadmissibility Based on Drug Offenses
	§ 5.24 Crimes Involving Moral Turpitude
	§ 5.25 The Crime Involving Moral Turpitude Petty Offense and Youth Exceptions
	§ 5.26 Other Grounds: Prostitution, Two Convictions with Five-Year Sentence Imposed, Alien Trafficking, Money Laundering, High-Speed Flight from Immigration
	§ 5.27 Aggravated Felonies
	§ 5.28 Clearing Up a Criminal Record
	Appendix 5-A
	Appendix 5-B
	Appendix 5-C
	Appendix 5-D
	Appendix 5-E
	Appendix 5-F
	Appendix 5-G
Chapter 6: Waivers of Inadmissibility
	§ 6.1 Waivers of Grounds of Inadmissibility
	§ 6.2 What Is a Waiver?
	§ 6.3 What Is Discretion?
	§ 6.4 Guiding Principles
	§ 6.5 Waiver of Inadmissibility for Visa Fraud
	§ 6.6 Invalid Documents and Document Fraud Waiver of Inadmissibility
	§ 6.7 Waiver of Inadmissibility/Exemption for Alien Smuggling
	§ 6.8 Waiver for Communicable Disease, Lack of Vaccinations, or Dangerous Mental Disorders under INA § 212(g)
	§ 6.9 Waivers for Unlawful Presence, Past Removal, and Other Related Immigration Offenses
	§ 6.10 Waiver for Certain Crimes under INA § 212(h)
	§ 6.11 Procedure for Applying for a Waiver
	§ 6.12 How Do You Establish Extreme Hardship?
	Appendix 6-A
	Appendix 6-B
Chapter 7: Special Issues: The Violence Against Women Act
	§ 7.1 Overview of Self-Petitioning under the Violence Against Women Act (“VAWA”)
	§ 7.2 Requirements for VAWA Self-Petition of an Abused Spouse
	§ 7.3 Requirements for a VAWA Self-Petition for an Abused Child
	§ 7.4 Requirements for a VAWA Self-Petition for an Abused Parent
	§ 7.5 Procedures for Self-Petitioning under VAWA
	Appendix 7-A
Other ILRC Services
	Attorney of the Day Service
	Reprint Permissions
	Subscribe to ILRC Listservs
	Related Publications