Page 1
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
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)
Page 3
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
Page 4
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
Page 5
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
Page 6
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
Page 7
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
Page 8
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
Page 9
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
Page 10
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
Page 11
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
Page 12
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
Page 13
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
Page 14
Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved.316
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
Page 15
Copyright 2020, American Immigration Lawyers Association (AILA). All rights reserved. 317
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