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303 Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. SUBJECT-MATTER INDEX A Abused spouses and children. See Violence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485 generally, 45–64 after-acquired dependents, 49–51 approvable petition on file by April 30, 2001, 49 decision, 64 discretionary action by USCIS, 52 document checklist, 265–266 family unity, defined, 49 fiancé(e)s, 100–101 filing fees, 63 filing for, 14, 51–52, 169 grandfathering of beneficiaries of I-130, I-526, or labor certifica- tion, 49–51 historical background, 45–46 inadmissibility, grounds of, 48 interview process, 63–64 to LPR, 1–2 no penalty fee, 46–47, 48 other forms and documents includ- ed in application packet, 61–62 process, 52–64 qualifying under §245(i), 47–52 requirements for, 34–35, 45–52 VAWA provisions, 222–226 Admission. See also Inadmissibility, grounds of by Customs and Border Protection, 35–36 Adopted children Hague Convention rules, 40–43 requirements, 4 Affidavit of support generally, 186–206 attorney-client relationship, 233– 234 change of address, 206 completing form, 196–203 asset counting, 202–203 counting income, 198–199 family unit size, determination of, 197 federal poverty line, deter- mination of, 196–197, 291–292 income test, 199–202 minimum income requirement, 196–203 conflict of interest, 245–248 consular processing, 67 death of petitioner, 37–39, 192–193 discretion of USCIS and State De- partment, 204 family-based petitions who is affected, 187–188 who is not affected, 188–189 fee bills for processing, 67 legally enforceable contracts, 193–196 enforceable by federal, state, or other entity, 194 enforceable by sponsored im- migrant, 193–194 enforcement in general, 195 legally enforceable, 195–196 mandatory filing requirement, 187–189 overview, 186–187 sponsors, 189–193 citizen, national, or LPR, 189–190
16

SUBJECT-MATTER INDEX · Humanitarian reinstatement of revoked I-130, 39 I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminal convictions, 113 VAWA

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Page 1: SUBJECT-MATTER INDEX · Humanitarian reinstatement of revoked I-130, 39 I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminal convictions, 113 VAWA

303Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.

SUBJECT-MATTER INDEX

A

Abused spouses and children. See Violence Against Women Act (VAWA)

Addicts. See Drug abusers

Adjustment of status. See also Form I-485

generally, 45–64after-acquired dependents, 49–51approvable petition on file by April

30, 2001, 49decision, 64discretionary action by USCIS, 52document checklist, 265–266family unity, defined, 49fiancé(e)s, 100–101filing fees, 63filing for, 14, 51–52, 169grandfathering of beneficiaries of

I-130, I-526, or labor certifica-tion, 49–51

historical background, 45–46inadmissibility, grounds of, 48interview process, 63–64to LPR, 1–2no penalty fee, 46–47, 48other forms and documents includ-

ed in application packet, 61–62process, 52–64qualifying under §245(i), 47–52requirements for, 34–35, 45–52VAWA provisions, 222–226

Admission. See also Inadmissibility, grounds of

by Customs and Border Protection, 35–36

Adopted childrenHague Convention rules, 40–43requirements, 4

Affidavit of supportgenerally, 186–206attorney-client relationship, 233–

234change of address, 206completing form, 196–203

asset counting, 202–203counting income, 198–199family unit size, determination

of, 197federal poverty line, deter-

mination of, 196–197, 291–292

income test, 199–202minimum income requirement,

196–203conflict of interest, 245–248consular processing, 67death of petitioner, 37–39, 192–193discretion of USCIS and State De-

partment, 204family-based petitions

who is affected, 187–188who is not affected, 188–189

fee bills for processing, 67legally enforceable contracts,

193–196enforceable by federal, state, or

other entity, 194enforceable by sponsored im-

migrant, 193–194enforcement in general, 195legally enforceable, 195–196

mandatory filing requirement, 187–189

overview, 186–187sponsors, 189–193

citizen, national, or LPR, 189–190

Page 2: SUBJECT-MATTER INDEX · Humanitarian reinstatement of revoked I-130, 39 I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminal convictions, 113 VAWA

Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.304

Immigration Law and the Family, 6th ed.After-acquired dependents

defined, 189–193domiciled in U.S., 190–192joint sponsors, 203

termination of contract, 204–206timing of filing, 189where to file, 206withdrawing representation, 255–

256After-acquired dependents

adjustment of status, 49–51

Age-out problemof beneficiaries, 11–12

Appealsreinstatement of removal, 150–152

Application for permanent residenceadjustment of status eligibility,

34–35consular processing requirements,

34–35filing I-130 petition, 21–40

completing form, 24–30eligibility to file, 15fee, 33Notice to Appear consider-

ations. See Notice re-quirements

other forms and documents in packet, 32

supporting documentation, 30–32

where to file, 32–33who may file, 23–24

inspection and admission by Cus-toms and Border Protection, 35–36

petition revocation, 36–40statutory denials, 22USCIS marriage interview, 33–34

Assaultcrimes of moral turpitude, 115

Asylees and refugeespublic charge ground of inadmissi-

bility not applicable to, 180Attorney-client relationship

ethical issues, 232–234

BBattered spouse. See also Violence Against Women Act (VAWA)

waiver, 85–86Beneficiaries

defined, 2derivative beneficiaries, 8–9principal beneficiaries, 8

Brothers or sistersdefined, 3preference category and quota, 5–6

CCDC Technical Instructions

on mental disorders, 107–108for Physical or Mental Disorders

with Associated Harmful Be-haviors and Substance-Related Disorders, 107–108

Change of addressaffidavit of support, 206

Checklistadjustment of status application,

265–266Child Citizenship Act of 2000

exceptions for citizenship represen-tations by children residing in U.S. prior to age 16, 134

Children. See also Child Status Pro-tection Act

abduction (international), grounds of inadmissibility, 148

abused. See Violence Against Women Act (VAWA)

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 305

Subject-Matter Index Consular processing

age-out problem, 11–12conditional residence provision,

80–81under Form I-751, 90–91

crimes of moral turpitude commit-ted under age of 18, 116

defined, 3–4fiancé(e)’s children, K visas, 98–

101preference category and quota, 5–6

Child Status Protection Act (CSPA)age-out problem, 11–12children of LPRs and derivatives,

status of, 14–16children of USCs, status of, 13–14effective date, 13, 18naturalization and, 10

CitizenshipChild Citizenship Act of 2000, 134false claims of, grounds of inadmis-

sibility, 133–134ineligibility, grounds of inadmissi-

bility, 137–139tax avoidance as reason to re-

nounce, 148Commercialized vice

inadmissibility, grounds of, 118–119

Commission on Graduates of Foreign Nursing Schools

certification by, 128Communicable diseases

inadmissibility, grounds of, 105–107waiver of, 110, 159–161

Communicationethical issues, 238–239

Communist partyinadmissibility, grounds of, 125–

127

Competenceethical issues, 236–238

Conditional resident statusmarriage and, 78–96. See also

MarriageConfidentiality

ethical issues, 239–243

Conflict of interestaffidavit of support, 245–248current clients, 243–248

duty to withdraw from repre-sentation, 247–248

informed consent, 245–247obtaining client’s consent,

246–247former clients, 248

Consular processinggenerally, 68–75affidavit of support, 67appointment letter for immigrant

visa applicants, 70–71case status update notice, 271electronic processing program,

69–70fees, 67, 74

payment receipt, 269instruction packet letter for immi-

grant visa applicants, 68–70interviews, 72–74

notice of appointment, 275–276

medical examination, 71–72, 277–279

National Visa Center, 66–67notice of forwarding immigrant visa

case to post, 273notice of immigrant visa interview

appointment, 275–276overview, 65required documentation, 68–69

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.306

Immigration Law and the Family, 6th ed.Controlled substances

requirements, 34–35termination of registration, 74–75

Controlled substances. See also Drug abusers

drug traffickers, 117–118Controlled Substances Act

inadmissibility of drug abusers of substances listed in act, 108

Convention Against Torturereinstatement of removal excep-

tions, 149Convictions

defined, 111foreign convictions, 114multiple convictions, 117

Criminal groundsinadmissibility on, 110–120. See

also Inadmissibility, grounds ofwaivers, 163–165

Cross-chargeabilitydefined, 8

Cuban Adjustment Act (CAA)abused spouses and children,

228–230public charge ground of inadmissi-

bility not applicable to, 180Cultural practices

traditional marriage arrangements and K-1 and K-2 visas, 98–101

Current clientsconflict of interest, 243–248

Customs and Border Protectioninspection and admission by, 35–36

DDeath

of petitioner, 11, 36–37, 192–193request to reinstate I-130

petition based on §204(l)

relief, 11, 261–262of spouse

effect on conditional resident status, 87

permanent residence status after, 102–104

Derivative beneficiariesaging out, 15defined, 8–9

Diligenceethical issues, 236–238

Disclosureethical issues, 239–243

Divorcepriority dates and, 10waiver of conditional resident sta-

tus, 84–85Documentary violations

inadmissibility, grounds of, 137

DOJ and Homeland Securityrules on professional conduct for

immigration practitioners, 251–254

Drug abuserscontrolled substance violations as

grounds of inadmissibility, 117inadmissibility, grounds of, 108–

109Drug traffickers

inadmissibility, grounds of, 117–118

DUIs, aggravatedcrimes of moral turpitude, 116

EEmployment authorization

VAWA self-petitioners, 221

Espionageinadmissibility, grounds of, 121

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 307

Subject-Matter Index Foreign policy, serious consequences for

Ethical issuesgenerally, 231–257attorney-client relationship, 232–

234communication, 238–239competence and diligence, 236–238confidentiality, 239–243conflict of interest, 243–251. See

also Conflict of interestdocument fraud, 252–254DOJ and Homeland Security rules

on professional conduct for immigration practitioners, 251–254

fiduciary duty to nonclients, 234–235

informed consent, 245–247meritorious claims, 250–251overview, 231sources of ethics rules, 231–232terminating representation due to

fraud or other reasons, 254–256unrepresented third party, 249–250

Evidenceextreme hardship, Requests for

Evidence (RFEs) in cases of, 170–171

Export control violationsinadmissibility, grounds of, 121

Expungementspre-IIRAIRA, 113

Extreme hardshipconditional resident spouse status,

waiver for, 86–87marriage arrangements and excep-

tions for K-1 and K-2 visas, 99questions to determine, 285–290Requests for Evidence (RFEs),

170–171waiver of inadmissibility, 153–159,

167–169

F

Failure to appearinterview in marriage-based cases,

92–93False claim of U.S. citizenship

inadmissibility, grounds of, 133–134

Family preference systemoverview, 1–2Visa Bulletin, 259

Family relationshipsterms and requirements, 2–5

Family-sponsored immigrationoverview, 1–2

Family unit sizedetermination of, 197

Federal poverty linedetermination of, 196–197, 291–

292Fiancé(e)s

adjustment of status, 100–101K-1 and K-2 visas, 100–101

Fiduciary dutyto nonclients, 234–235

Foreign convictionsinadmissibility, grounds of, 114

Foreign government officialsinadmissibility, grounds of

engaging in severe violations of religious freedom, 119

exception for beliefs, state-ments, or associations, 125

Foreign policy, serious consequences for

inadmissibility, grounds of, 124–125

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.308

Immigration Law and the Family, 6th ed.Form DS-5540

Form DS-5540Public Charge Questionnaire, 177,

184–186Form G-28

Notice of Appearance as Attorney or Representative, 219

Form I-129FK-3 and K-4 visas, 101–102

Form I-130generally, 22–33affidavit of support. See Affidavit

of supportcompleting, 24–30concurrent filing with Form I-485,

52eligibility to file, 15filing fee, 33other forms and documents in ap-

plication packet, 32Petition for Alien Relative, 21–40petition revocation, 36–40request to reinstate I-130 petition

based on §204(l) relief, 11, 261–262

supporting documentation, 30–32where to file, 32–33who may file, 23–24

Form I-212consent to reapply for admission,

173–174eligibility, 173–174strategy and procedure, 174

Form I-360Petition of Amerasian, Widow(er),

or Special Immigrant, 11VAWA packet contents, 215

Form I-485completing, 52–61filing fees, 63other forms and documents includ-

ed with, 61–62

revised as of October 15, 2019, 52where to file, 62–63

Form I-601Application for Waiver of Ground

of Excludability, 160, 165Form I-601A

Application for Provisional Unlaw-ful Presence Waiver, 170, 172

Form I-751approval, 93children included on, 90–91denial, 93–94filing fee, 88filing procedures, 87–88late filing, 89–90multiple filings, 94

Form I-765Application for Employment Au-

thorization, 220Form I-800A

Application for Determination of Suitability to Adopt a Child from a Convention Country, 42–43

Form I-824filing for adjustment of status, 14

Form I-864. See Affidavit of support

Form I-864AContract Between Sponsor and

Household Member, 196, 198Form I-864P

poverty guidelines for affidavit of support, 291–292

Form I-864Win lieu of affidavit of support, 39,

104Form I-944

Declaration of Self-Sufficiency, 177, 181–184

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 309

Subject-Matter Index Immigration and Nationality Act

Former clientsconflict of interest, 248

Fraudattorney sanctions for document

fraud, 252–254confidentiality and client fraud,

242–243crimes of moral turpitude, 115inadmissibility, grounds of, 130–

133conduct inconsistent with non-

immigrant visa within 90 days of entry subject to presumption of material misrepresentation, 131

final civil document fraud order, 136

waivers, 165–166

Freedom of Information Act (FOIA) requests

prior immigration orders, 152

GGenocide

inadmissibility, grounds of, 127

Good moral characterVAWA self-petitioners, 213–214

evidence of, 218, 293–301Green cards

compared to permanent resident card, 78–79

LPR status, 1Guilty pleas

inadmissibility, grounds of, 114

HHague Convention rules

adoption process, 40–43

Haitian Refugee and Immigrant Fairness Act (HRIFA)

abused spouses and children, 228–230

public charge ground of inadmissi-bility not applicable to, 180

reinstatement of removal excep-tions, 149

Hardship. See Extreme hardship

Healthinadmissibility, grounds of, 105–

110. See also Inadmissibility, grounds ofwaivers, 159–163

Health care workersinadmissibility, grounds of, 128

Homeland Securityremoval proceedings, 137rules on professional conduct for

immigration practitioners, 251–254

Humanitarian reinstatementof revoked I-130, 39

IIllegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)

criminal convictions, 113VAWA self-petitioners, certifica-

tion of compliance with §384, 227–228

Immediate relativesoverview, 1preference system and, 5–13

Immigration and Nationality Actqualifying under §245(i), 47–51

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.310

Immigration Law and the Family, 6th ed.Immigration Marriage Fraud Amendments

Immigration Marriage Fraud Amendments of 1986 (IMFA)

purpose of, 77“second generation” second-pref-

erence visa petition pending adjudication at effective date of act, 97

Inadmissibility, grounds ofgenerally, 105–152categories, 105child abduction (international), 148criminal grounds, 110–120

controlled substance violations, 117

convictions, 110–114, 117crimes of moral turpitude,

114–117drug traffickers, 117–118evaluating consequences of

crime, 120foreign government officials

who engaged in severe violations of religious freedom, 119

guilty pleas, 114prostitution and commercial-

ized vice, 118–119traffickers in persons, 119–120

documentary requirements, 137health-related grounds, 105–110

communicable diseases, 106drug abusers or addicts, 108–

109physical or mental disorders,

107–108vaccination, lack of, 106–107

ineligibility for citizenship, 137–139

labor protection grounds, 128miscellaneous grounds, 148national security grounds, 120–127

Communist party or totalitar-ian party membership, 125–127

espionage, sabotage, export control violations, and other unlawful activities, 121

serious adverse consequenc-es for foreign policy, 124–125

terrorist activities, 122–124no waiver under §245(i), 48overview, 105polygamy, 148previous immigration violations,

128–136aliens present without permis-

sion or parole, 129failure to attend removal pro-

ceedings, 129–130false claim of U.S. citizenship,

133–134final civil document fraud

order, 136fraud or willful misrepresenta-

tion, 130–133smugglers, 135–136stowaways, 134

prior removal orders, 139–147public charge grounds, 175–186reentering U.S. without authoriza-

tion, 146–147reinstatement of removal, 148–152tax avoidance as reason to renounce

citizenship, 148unlawful presence bars, 140–146voting unlawfully, 148waivers. See Waivers

Income. See Affidavit of support

Ineligibility for citizenshipinadmissibility, grounds of, 137–

139

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 311

Subject-Matter Index Marriage

Informed consentethical issues, 245–247individuals subject to NTA issu-

ance, 263. See also Notice requirements

Inspectionby Customs and Border Protection,

35–36International Convention on the Pre-vention and Punishment of Genocide

inadmissibility, grounds of, 127Interviews

adjustment of status, 63–64consular processing, 72–74marriage-based cases, 33–34, 91–93VAWA intake interview, 220–221

K

K visasfiancé(e)s and their children (K-1

and K-2 visas), 98–101nonimmigrants K-3 and K-4 visas,

101–102

L

Labor certificationinadmissibility, grounds of, 128

“Lawfully present”defined, 142–145

Lawful permanent residents (LPRs)filing I-130 petition, 21–40. See

also Application for perma-nent residence

proof of status, 2statutory denials, 22

Legitimacydefined, 3

LIFE Act and LIFE Act Amend-ments of 2000

K visas, 101reinstatement of removal excep-

tions, 149

M

Mail-order brides. See K visas

Manslaughtercrimes of moral turpitude, 115

Marriagealien spouses affected by condition-

al residence provision, 79–80battered spouse waiver, 85–86children affected by conditional

residence provision, 80–81conditional resident status, 78–96

children, petitions and waivers for, 90–91

filing joint petition, 83notice from USCIS, 95–96reapplication for immigrant

visa after termination of, 95

removal of, 82–90termination of, 81–82waiver of joint petition, 83–87

death of spouse, 87divorce/annulment waiver, 84–85documentary evidence of good-

faith marriage, 88extreme hardship waiver, 86–87failing marriage, 90fiancé(e) visas (K-1 and K-2),

98–101filing fee and procedure, 87–88. See

also Form I-751good-faith marriage, 210

evidence of, 218–219immigration through, 77–104

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.312

Immigration Law and the Family, 6th ed.Means-tested benefit programs

interview, 33–34, 91–93waiver of, 92

late petitions, 89–90overview, 75–76priority dates and, 9in removal proceedings, 96–97second-preference petitions, 97–98traveling abroad at time petition

filed, 88–89VAWA self-petitioners, 211

Means-tested benefit programsincome test for affidavit of support,

200–201sponsored immigrants qualifying

for, 195Medicaid

public charge ground of inadmissi-bility, 177

Medical examinationsconsular processing, 71–72, 277–

279Mental disorders

inadmissibility, grounds of, 107–108associated harmful behavior,

281–284waivers, 110, 159–161

Meritorious claimsethical issues, 250–251

Military Selective Service Actexemption of nonimmigrants from

U.S. military service, 138Misrepresentation. See Fraud

Moral turpitude, crimes ofinadmissibility, grounds of, 114–

117Motions to reopen

removal or deportation proceedings, 225–226, 230

Murdercrimes of moral turpitude, 115

NNational security grounds

inadmissibility, grounds of, 120–127

National Visa Centercase status update notice, 271consular processing, role in, 66–67notice of forwarding immigrant visa

case to post, 273notice of immigrant visa case cre-

ation, 267–268notice of immigrant visa interview

appointment, 275–276provisional waiver applications,

172

Naturalizationpriority dates and, 10–11VAWA self-petitioners, 228

Nazi persecution participantsinadmissibility, grounds of, 127

Nicaraguan Adjustment and Central American Relief Act (NACARA)

abused spouses and children, 228–230

public charge ground of inadmissi-bility not applicable to, 180

reinstatement of removal excep-tions, 149

Notice requirementsconditional resident status, 95–96Notice to Appear (NTA) policy, 21,

81, 92–94, 172–173informed consent for indi-

viduals subject to NTA issuance, 263

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 313

Subject-Matter Index Public charge

Nursesinadmissibility, grounds of, 128

OOrphans

requirements, 4

PParents

defined, 3

Parolealiens present without permission or

parole, grounds of inadmissibil-ity, 129

leaving United States with advance parole, not triggering three– or ten-year bars of unlawful pres-ence, 141–142

Patient Protection and Affordable Care Act

public charge ground of inadmissi-bility, 180

PATRIOT Act. See USA PATRIOT Act of 2001

Petitionersdeath of, 11, 36–37, 192–193defined, 2

Petty offensescrimes of moral turpitude, excep-

tion to, 116Physical disorders

inadmissibility, grounds of, 107–108waivers, 110, 159–161

Physiciansinadmissibility, grounds of, 128

Polygamyinadmissibility, grounds of, 148

Poverty guidelinesfor affidavit of support (Form

I-864P), 291–292determining federal poverty line,

196–197Preference system

categories, 5–6family preference system, 1–2immediate relatives and, 5–13quota system, 5–8

Previous immigration violationsinadmissibility, grounds of, 128–

136Principal beneficiaries

defined, 8

Priority datesage-out problem and, 11–12death of petitioner and, 11defined, 7divorce and, 10marriage and, 9naturalization and, 10–11pre-1977 Western Hemisphere pri-

ority dates, 12–13retention of, 8–13

Prior removal ordersinadmissibility, grounds of, 139–

147reinstatement of removal,

148–152Professional conduct. See Ethical issues

Prostitutioncrimes of moral turpitude, 116inadmissibility, grounds of, 118–

119Public charge

applicants not subject to, 180–181Form DS-5540, Public Charge

Questionnaire, 177

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.314

Immigration Law and the Family, 6th ed.Public housing

inadmissibility, grounds of, 175–186

regulatory changes, 176–178statutory factors, 178–179

Public housingpublic charge ground of inadmissi-

bility, 177

QQuota system

described, 5–8

RRape

crimes of moral turpitude, 115

REAL ID Act of 2005terrorist activities as grounds of

inadmissibility, 122–124Reentering U.S. without authoriza-tion

inadmissibility, grounds of, 146–147

Refugeespublic charge ground of inadmissi-

bility not applicable to, 180Reinstatement of removal

inadmissibility, grounds of, 148–152

retroactive application, 149–150Religious freedom

foreign government officials engag-ing in severe violations of, 119

Removal proceedingsdenial of Form I-751, 93–94documentary requirements, failure

to comply with, 137failure to attend as grounds of inad-

missibility, 129–130marriage and, 96–97motions to reopen, 225–226

prior orders as grounds of inadmis-sibility, 139–147

reinstatement of removal as grounds of inadmissibility, 148–152

retroactive application, 149–150VAWA self-petitioners, 227–228

Robberycrimes of moral turpitude, 115–116

SSabotage

inadmissibility, grounds of, 121

Section 8 Housing Choice Voucher Program

public charge ground of inadmissi-bility, 177

Section 8 Project-Based Rental Assis-tance

public charge ground of inadmissi-bility, 177

Self-petitionsfor abused spouses and children.

See Violence Against Women Act (VAWA)

Siblingsdefined, 3preference category and quota, 5–6

Smugglersinadmissibility, grounds of, 135–

136Sponsors. See Affidavit of support

Spouse. See also Marriageabused. See Violence Against

Women Act (VAWA)preference category and quota, 5–6requirements, 2–3

Stepchildrendivorce, effect of, 9–10requirements, 3–4

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Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 315

Subject-Matter Index Violence Against Women Act (VAWA)

Stowawaysinadmissibility, grounds of, 134

Substance abusers. See Drug abusers

Subversive Activities Control Act of 1950

inadmissibility, grounds of, 125Supplemental Nutrition Assistance Program (SNAP)

public charge ground of inadmissi-bility, 177

Supplemental Security Income (SSI)public charge ground of inadmissi-

bility, 177Supporting documentation

Form I-130, 30–32evidence of family relation-

ship, 31petitioner’s evidence of U.S.

citizenship, 31

T

Tax avoidancerenouncing citizenship for, grounds

of inadmissibility, 148Temporary Assistance for Needy Families (TANF)

public charge ground of inadmissi-bility, 177

Termination of registrationgrounds for, 74–75

Terrorist activitieshold policy for certain persons sub-

ject to terrorism-related inad-missibility grounds (TRIG), 124

inadmissibility, grounds of, 122–124

Terrorist organizationstiers of, 122–123

Theftcrimes of moral turpitude, 115–116

Totalitarian party membershipinadmissibility, grounds of, 125–

127Traveling abroad

aliens “unlawfully present” who depart U.S., 140–141

marriage petition filed during, 88–89

U

“Unlawfully present” and unlawful presence bars

defined, 142–145departing U.S., 140–141inadmissibility, grounds of, 139,

140–146period of inadmissibility, 145waivers, 145–146, 166, 169–

173Unmarried children

preference category and quota, 5–6requirements, 4–5

Unrepresented third partyethical issues, 249–250

USA PATRIOT Act of 2001terrorist activities as grounds of

inadmissibility, 122–124

VVaccination

inadmissibility, grounds of, 106–107waivers, 110, 161–163

Vietnam “draft evaders”pardon for, 139

Violence Against Women Act (VAWA)generally, 207–230

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Immigration Law and the Family, 6th ed.Visa Bulletin

abusedefined, 213evidence of, 219

adjustment of status, 222–226background, 207–208deferred action, 221deportability ground eased for

abused persons, 225derivative spouses, 230employment authorization, 221extreme hardship, 154–155good-faith marriage, 210

evidence of, 218–219good moral character, 213–214

evidence of, 218, 293–301intake interview, 220–221naturalization, 228public charge ground of inadmissi-

bility not applicable to, 180removal or deportation proceedings,

227–228self-petitioning, 208–221

aging out protection, 211–212citizenship or immigration sta-

tus of abuser, 212–213death of USC abuser, 213derivative children, 211, 219eligibility, 208evidence of abuser’s USC or

LPR status, 217–218evidence of applicant’s physi-

cal presence, 218evidence of qualifying relation-

ship to abuser, 215–217filing procedure, 221marital relationship, 210–211marriage or remarriage of

self-petitioners, 211packet contents, 214–219parent-child relationship, 211requirements, 209–214residence, 210

waiver of permanent bar inadmissi-bility, 147, 159–160, 222–225

Visa Bulletinfamily-sponsored preferences, 259visa availability (from Visa Bulletin

for June 2020), 7, 259Visa fraud

inadmissibility, grounds of, 131

Visas. See also specific types of visasissuance of, 1

Voluntary manslaughtercrimes of moral turpitude, 115

Voting unlawfullyinadmissibility, grounds of, 148

WWaivers

conditional resident status, waiver of joint petition, 83–87

inadmissibility, grounds of, 110, 153–174communicable diseases, 110,

159–161Communist party or totalitarian

party membership, 127consent to reapply for admis-

sion, 173–174criminal grounds, 163–165eligibility requirements, 153–

166extreme hardship, 153–166,

167–169filing fee, 167final civil document fraud

order, 136fraud or misrepresentation,

165–166health-related grounds, 110,

159–163physical or mental disorders,

110, 159–161

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Subject-Matter Index Widow(er)s

procedure for filing, 166–169smuggling, 135–136terrorism-related bars to admis-

sion, 123–124unlawful presence bars, 145–

146, 166, 169–173vaccination, lack of, 110,

161–163VAWA self-petitioners, 147,

159–160, 222–225interview in marriage-based cases,

92provisional, 169–173

Welfare programs. See Means-tested benefit programs

Widow(er)spetitions for permanent residence,

102–104

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