U.S. Consulate Lifts INA 212(a)(6)(C)(i) Bar and Grants Immigrant Visa Without I-601 Waiver: A True Success Story

Within 21 days of receiving our Request for Supervisory Review of Immigrant Visa Refusal and Renewed Motion to Reconsider and Rescind Inadmissibility Finding under INA 212(a)(6)(C)(i), the U.S. Consulate removed the lifetime bar and instructed our client to continue the immigrant visa process. Ultimately, he received his Immigrant Visa after the new police certificate and updated proof of his U.S. citizen petitioner’s U.S. domicile and financial support were provided. Because the U.S. Consulate agreed to lift the fraud charge, no Form I-601, Application for Waiver of Inadmissibility, was required.

Born stateless, the applicant used to hold a refugee travel document that contained a visitor visa when he was a child. After he acquired citizenship in a country where he was not born, the applicant used the new passport to obtain a second visitor visa and traveled to the United States for a temporary recreational stay.

Despite being married to a U.S. citizen, he complied with the terms of his visitor visa and did not overstay the authorized period or apply for a marriage-based green card within the United States. Based on the approved Form I-130 immigrant petition filed by his U.S. citizen wife, he sought to become a permanent resident through an Immigrant Visa application at the U.S. Consulate overseas.

At the initial Immigrant Visa interview, the applicant presented his passport for visa stamping. About two months later, the U.S. Consulate conducted a re-interview in which it asked about the process he used to acquire the citizenship and obtain the passport. He explained the legal channels he used to get both. Nonetheless, the U.S. Consulate charged him with section 212(a)(6)(C)(i) upon noting it was unable to verify his acquired citizenship or the authenticity of the passport when it contacted the government authorities.

The U.S. Consulate instructed him to file a Form I-601, Application for Waiver of Inadmissibility, to be excused from the inadmissibility charge. A section 212(a)(6)(C)(i) finding prohibits applicants from receiving an Immigrant Visa without first getting an I-601 approval from USCIS.

Two months after the visa refusal, the applicant contacted me for the first time to discuss his options. In our Skype (video) consultation, I explained that one solution was to file a Form I-601 application, as the U.S. Consulate instructed. To receive the waiver, he would need to present documentary evidence demonstrating the extreme hardships his U.S. citizen wife would suffer if he is denied the visa and is not admitted to the United States as a permanent resident. I noted there is never any guarantee the waiver will be granted due to the high standard of proof and the discretion involved in the decision-making.

I further pointed out that if he did not commit fraud or willfully misrepresent material facts to gain the prior B1/B2 visitor visa, the Immigrant Visa, or any other U.S. immigration benefit, he could file a Motion to Reconsider and Rescind Inadmissibility Finding with the U.S. Consulate. If such a motion is granted and the section 212(a)(6)(C)(i) bar is lifted, the I-601 waiver is not required for the visa to be issued.

The client opted to go with the request to reconsider the inadmissibility charge. After we entered into a representation agreement, I counseled him on the information and documents he needed to present to show he did not engage in fraud or willfully misrepresent material facts to receive any U.S. immigration benefit.

To support the Motion to Reconsider, I prepared a legal memorandum describing how the applicant used proper channels to obtain the passport and why the submission of this passport to the U.S. Consulate was actually immaterial to his eligibility for the Immigrant Visa, as well as the prior visitor visas he received.

Five days after receiving the Motion to Reconsider, the U.S. Consulate issued a response stating the section 212(a)(6)(C)(i) bar would remain and the applicant needed to file for an I-601 waiver. The Consulate noted the applicant had no concrete evidence to support his explanation on how he acquired the citizenship. The Consulate added that during its checks with the government authorities, it was determined beyond reasonable doubt the applicant misrepresented his case and deliberately provided false information and documents to receive an immigration benefit. They noted he did not rescind his false statements when given the opportunity to do so.

In the Request for Supervisory Review and Renewed Motion to Reconsider and Rescind Inadmissibility Finding, I stressed the important points the U.S. Consulate missed when it issued the response affirming the section 212(a)(6)(C)(i) charge.

In reply to this Request and Renewed Motion, the U.S. Consulate sent a response 21 days later stating the section 212(a)(6)(C)(i) charge had been lifted. Five months later — following the completion of administrative processing — my client received the Immigrant Visa to join his wife in the United States, without needing to file for and obtain an I-601 waiver.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
dw@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Finding Your Rhythm: When to Do What – Step 2 (Match Your Chronotype with the Task and Time of Day)

Doing the right kind of task at the right time of day is key to peak performance. At any given hour, your circadian rhythm affects your concentration, energy and mood level. Is your focus sharp or scattered? Are you alert or tired? Do you feel up or down? Your internal body clock largely affects how much sleep you need, your ideal wake up time and bedtime, and your mental acuity and emotional state throughout the day.

In his book, The Power of When, Dr. Michael Breus notes that your sleep chronotype affects the secretion of hormones, which are crucial for specific activities. Cortisol makes you more alert while melatonin makes you sleepy.

Dr. Breus distinguishes the sleep chronotypes into four categories: Lion (morning type), Wolf (nighttime type), Bear (middle of the road type) and Dolphin (difficult sleeper with often erratic sleep schedules). Meanwhile, in his book, When: The Scientific Secrets of Perfect Timing, author Daniel Pink uses the more familiar-sounding chronotype categories: Early-riser Lark; late-night Owl, and in-between Third Bird.

You achieve peak performance when you know your chronotype and match it with the task at hand and the time of day. In the related article, Finding Your Rhythm: When to Do What – Step 1, you can read more information on the different chronotypes and how to discover yours.

Three Categories of Tasks

Once you have determined your chronotype, your next step is to organize your tasks into categories. As described in Pink’s book, there are three:

Analytic Tasks

Analytic tasks involve heads-down work that demands high focus, mental sharpness and vigilance. Examples include learning and processing new information, doing legal research, analyzing documents and records, writing a legal brief, solving a difficult problem, making an important decision, actively participating in a strategic meeting, and presenting at a trial or hearing.

Insight Tasks

Insight tasks involve creative work that requires a wider focus, curiosity, imagination, and a good mood. Examples include outlining an article, brainstorming solutions, tackling novel problems with new ideas, asking better questions, and holding meetings to build relationships and rapport.

Administrative Tasks

Administrative tasks involve busy work or routine work that is fairly easy to complete and do not need a lot of brain power or heavy lifting. Examples are processing emails, making and returning telephone calls, responding to inquiries, updating case notes and progress reports, entering expenses, scheduling meetings, tidying up, and organizing files. Generally, these tasks can be automated, delegated or deferred with minor consequences.

Three Stages of the Day

On any given day, there are three stages where our energy peaks, dips and recovers. They are Peak-Trough-Recovery. Larks and Third Birds (most of us) experience our Peak in the morning, our Trough in the early-to mid-afternoon, and our Recovery in the early evening. Night Owls, however, experience a reverse pattern, i.e. Recovery in the morning, Trough in the early-to-mid-afternoon, and Peak in the late afternoon and into the evening.

When to Do What

For peak performance, you need to align your chronotype, task and time of day. The table below summarizes the best times of the time day to perform certain tasks, based on your chronotype:

Use your peak period to focus on deep, important work and analytic, cognitively-demanding tasks. When you’re in your recovery period, switch to insight, creativity-driven tasks. Avoid administrative work, like processing emails, and time-wasters like reading online news, at peak hours or recovery stages of the day.

How to Protect Peak Hours

Each day, you need to leverage your peak hours by reserving them for analytic, focused work or insight, creative-thinking work. There are two main things you can do protect your peak hours.

1. Prioritize your most important task (even when it’s not urgent) through time blocking. This involves setting an appointment (with yourself) to do a single, high-cognitive demand task or a batch or stack of similar, low-cognitive demand tasks in a specific time block.

A priority doesn’t always have to be handled first thing in the morning or at at the start of the work day. Just make sure you set an appropriate time to take care of it. Be sure to match the task with your energy level, personal circumstances, and external environment.

For example, do your deep work when your mental clarity and attention span are at its peak, you have the fewest interruptions, and you have access to a quiet workspace (or can at least choose your background noise).  Do your administrative tasks when your energy is low (e.g. afternoon or after lunch), you are more distraction-prone, and your workspace is noisier and more chaotic. 

High-cognitive tasks

In a time block, focus on a single high-cognitive task, like writing a legal brief. Refrain from multitasking — such as handling questions from your paralegal or responding to emails from clients — during this time block. To encourage focus, you can theme your days or theme the hour.

Theming your day could look like this: Monday – client communications; Tuesday – client work and assignments; Wednesday – internal meetings; Thursday – client work and assignments; Friday – brainstorming or solo thinking session.

Theming your hour could include: 9 to 10 am: client communications; 10 to 12 pm: client work and assignments (e.g. writing a legal brief); 1 to 2 pm: internal meetings; 3 to 4 pm: client work and assignments (e.g. editing a legal brief); 4:30 to 5:30 pm: brainstorming or solo thinking session.

Focusing on just one task is important because the human brain is a sequential processor: It cannot pay attention to more than one thing at a time. Multitasking is not possible when (1) at least one of the tasks requires focus or effort to complete, and (2) the tasks involve similar types of brain processing. Performing two or more tasks at one time can only be done by “switch tasking” (switch back and forth between two or more tasks). This leaves a cognitive residue that takes about 15 to 25 minutes to clear up so you can refocus on the initial task.

Low-cognitive tasks

When it comes to similar, low-level tasks that do not require much mental focus, you can use batch processing. This means performing then sequentially and quickly after each other in one time block. For example, you can return all your telephone calls or respond to email inquiries in one time block.

For routine or habitual, low-level tasks, you can use stacking. This means performing one task while the other operates in the background. Examples include walking with a colleague while you discuss a work issue during your lunch break; listening to an educational podcast while you commute to work; or playing classical music or ambient sounds of a cafe (like on Coffitivity or Hipstersound) while you update your case notes. Stacking is a great way to boost your mood when you’re dealing with mundane work. (SIDE NOTE: Stacking can also work very well with insight work.)

2. Schedule and take real breaks that allow you to fully detach from your work. Breaks may be solo (e.g. meditation, reading a calming book) or social (e.g. chatting with a colleague about the upcoming weekend; having lunch with a good friend). Getting outside is better than staying inside. Movement (e.g. walking, stretching, going to the gym) is also preferred to being stationary, especially if you have been working at your desk for hours.

In chronobiology, our ultradian rhythm is the wake-rest-activity cycle that repeats throughout a 24-hour day. This involves alternating periods of high-frequency brain activity (roughly 90 minutes) followed by lower-frequency brain activity (approximately 20 minutes). Take a 20-minute break for every 90 minutes of work to take advantage of the daily ultradian rhythm cycle.

The Pomodoro Technique is one way to concentrate on a task for a set period and take necessary breaks. First, you identify the task to do. Second, you set a timer (typically 25 minutes).  Third, you work on the task only until the timer goes off.  After the timer rings, you check off your task. And if you give in to interruptions and distractions (e.g. checking emails, getting a snack), you reset the timer. 

If you have fewer than four check marks, take a short break (5 minutes), then go to step 2. If you have at least four check marks, take a longer break (20 to 30 minutes), reset your checkmark count to zero, and do the steps all over again. 

Another way to take a good break is to have a Nappuccino or Nap a Latte, when you’re in the Trough. The steps are (a) Close your door, turn off your phone, and wear eye mask and ear plugs to help block light and sound; (b) Drink a cup of coffee or tea (100 to 110 mg of caffeine); (c) Nap for 10 to 20 minutes (set timer for 25 minutes).

Caffeine takes about 25 minutes to kick into the receptor sites of your brain, so by the time you wake up from your nap, you will not only feel refreshed but also energized. Be sure to wake up within 25 minutes because you want to avoid getting into deeper stages of sleep – unless you go for a full 90-minute sleep cycle.

Naps, however, are not ideal for everyone or for all chronotypes. If you suffer from insomnia or have trouble sleeping at night, you could make the problem worse with daytime naps.

How to Maximize Peak Hours

Maximizing your peak hours involves practicing habits that will help raise and sustain your energy levels. They include:

1. Limit your to-do list. Set boundaries and clarify expectations to reduce the interruptions and distractions. For example, inform your clients at the outset as to when they may expect to hear back from you in response to an inquiry. Is it within an hour, within 24 hours, or by end of business day? Do not give them your cell phone number if you do not want to be contacted whenever and however they please. If your boss or manager assigns you more work while you’re focusing on a major project, remind them of timelines and deadlines and discuss what actually takes priority.

2. Keep a consistent sleep schedule that aligns with your circadian rhythm. Dr. Breus notes that having the same wake up time and bedtime every day, including on weekends, is the single most important thing you can do for your circadian rhythm.

Here is his Bedtime Sleep Calculator to maximize sleep quality:

a. The average sleep cycle is 90 minutes long.

For Lions and Bears, a typical night of sleep includes 5 full sleep cycles, i.e. 90 x 5 = 450 minutes, or 7.5 hours. Dolphins and Wolves tend to get 4 full sleep cycles, i.e. 90 x 4 = 360 minutes, or 6 hours. Add an extra 20 minutes for Lions and Bears, and 40 minutes for Dolphins and Wolves to fall asleep.

b. Starting at your wake time, work back 7.5 hours to find your bedtime.

Ideal bedtime for Lions and Bears is calculated as follows:

90 minute sleep cycle x 5 cycles + 20 minutes to fall asleep = 470 minutes or 7.8 hours

Lions: up at 6:00 am – 470 minutes = 10:10 pm

Bears: up at 7:00 am – 470 minutes = 11:10 pm

Ideal bedtime for Wolves and Dolphins is calculated as follows:

90 minute sleep cycle x 4 cycles + 40 minutes to fall asleep = 400 minutes or 6.7 hours

Wolves: up at 7:00am – 400 minutes = 12:00 am

Dolphins: up at 6:30am – 400 minutes = 11:50 pm

3. Practice an energizing morning routine

Design a morning routine that works with your personal preferences and internal rhythm. Key ingredients you may incorporate into your morning rituals are:

Hydrate with water. When you wake up, drink 8 to 12 ounces of room temperature or lukewarm water.

Soak in bright light early in the morning, within first half hour of waking up. This lowers your melatonin level and provides vitamin D, which helps you sleep at night. Go outside and walk around the block or sit by a window to get direct sunlight in your face. Aim for at least 5 to 15 minutes and preferably 20 to 30 minute of sun exposure.

If you wake before sunrise or live in a place where there is little sunlight in certain seasons of the year, try using a bright light therapy lamp.

Have a high-protein rich and good-fats breakfast, such as a fruit smoothie, Greek yogurt, protein shake, or eggs/omelet with avocado.  Avoid carbohydrate-rich foods, which help produce serotonin and make you drowsy.

Get moving. Stretch, walk, run, dance, jump on the trampoline, or do a quick workout to wake up your body and boost your mental energy.

Take a cool shower. This stimulates blood flow, releases endorphins and triggers wakefulness. You could start with warm water and gradually turn down the water temperature. Still too much? Wash your face with cold water for similar effects.

4. Stick to a relaxing bedtime routine

Create a bedtime routine that allows you to wind down, relax and prime your mind and body for sleep. Key tips for nighttime rituals include:

Do not drink alcohol within 3 hours of bedtime. One alcohol beverage takes 1 hour to process, so give your body time to process it well before your bedtime. While alcohol might help you fall asleep more quickly, it prevents you from moving into deep sleep and reduces Rapid Eye Movement (REM) sleep, which are stages 3 and 4 of the sleep cycle.

Fast for at least 3 hours before bed, and preferably 4. Food tells your circadian rhythm to wake up and be alert. Have space between dinner and your bedtime for optimal functioning.

Practice relaxation methods, including meditation, gentle/restorative yoga, tai chi, stretching, or foam rolling (self massage).

Do light reading (few pages) or journaling (up to 2 to 5 minutes), but not on your computer or other electronic devices. Avoid blue light from screens at least 1 hour before bedtime because it hinders production of melatonin, the hormone needed for good sleep.

Get warm. Drink warm bedtime tea or water with lemon + honey. Take a lukewarm shower or bath, preferably 60 to 90 minutes before bedtime .

These self-care habits will help boost your energy levels, heighten alertness, and improve your mood. Peak performance results when you match your chronotype with the task and time of day and synch with your natural rhythm.

* * *

For more information on the different chronotypes and how to determine yours, read the related article,  Finding Your Rhythm: When to Do What – Step 1 (Know Your Chronotype)

###

This article provides general information only. Do not consider it as legal advice for any individual case or situation.  

The author, Dyan Williams, is admitted to the Minnesota state bar and focuses on the Minnesota Rules of Professional Conduct, which are subject to change. Check your individual state rules of professional conduct, regulations, ethics opinions and case precedents, instead of relying on this article for specific guidance. 

SUBSCRIBE           CONTACT

Finding your Rhythm: When to Do What – Step 1 (Know Your Chronotype)

To do focused work, generate ideas, respond to inquiries, and make decisions, you need to consider that not all times of the day are created equal. Biologically speaking, your concentration, energy and mood levels vary by the hour. Thus, the question of when you will work on a specific project is just as important as what steps you will take and how you will execute them to produce the desired results.

It is counter-productive to use your peak hours to deal with busy work instead of matters that require high-cognitive abilities or creative thinking. Yet like many other overwhelmed professionals, lawyers often fall into this trap. Despite putting in more time and neglecting to take restorative breaks, they often end their day with minor tasks done, but with no significant progress toward reaching their critical goals. While they might have replied to many emails and attended multiple meetings, the time-sensitive client matter is left untouched and the brilliant marketing idea is stuck on the some-day list.

Working out of synch with your natural rhythm often leads to emotional overwhelm, mental depletion, physical exhaustion and increased distractibility.  These factors impair your acquisition of knowledge and skills, fuel procrastination, and make it more difficult to convey bad news or timely communicate with clients. Ethical missteps are more likely to occur when you do not take your internal body clock into account.  

What is Your Circadian Rhythm?

Your circadian rhythm is an internal timing device that controls when you are most alert and when you are most tired. It is your brain’s sleep-wake cycle in a 24-hour period that determines your natural wake up time and bedtime. A group of about 20,000 nerve cells (neurons) – referred to as the suprachiasmatic nucleus (SCN) in the hypothalamus part of the brain (behind your eyes) – affects the secretion of hormones, like cortisol (which triggers your body to wake up) and melatonin (which tells your body to go to sleep), as well as your body temperature and blood pressure.  

What is Your Sleep Chronotype?

Your sleep chronotype is the behavioral manifestation of your circadian rhythm. It is genetically set and is linked to your Period 3 (PER3) or “clock” gene. In the field of chronobiology, Early Birds tend to have a longer version of the PER3 gene than Night Owls. They need more sleep and wake up and go to bed earlier.

4 Chronotype Classifications (Animals)

Dr. Michael J. Breus — a clinical psychologist with a  specialty in sleep disorders – notes there are four chronotype categories of sleep patterns and circadian rhythms. In his book, The Power of When, he distinguishes the chronotypes based on morning and evening preferences, and classifies them according to different animals whose sleep habits best reflect the characteristics.

Chronotypes are general guidelines for large populations; there are individual variations within each chronotype. Although you are genetically predisposed to a certain chronotype in adulthood (age 21 to 65),  this may change as you age, especially at 65 or older. In addition, workplace demands, social obligations, cultural norms and other external factors may require you to shift or reset your circadian rhythm.

The four chronotypes, as defined by Dr. Breus, are:

Lion (morning type, like the Early Bird)

  • 15% to 20% of population
  • Medium sleep drive (7 hours), naturally wake up before dawn
  • Wake up with lots of energy, with their peak energy in the early morning and morning, and little energy to spare in the evening
  • Adapt best to a 6 am wake up time & 10:10 pm bedtime for traditional office hours
  • Tend to be optimists, overactive achievers and go-getters,  and leaders, managers and CEOs
  • Have leadership qualities with introversion preference

Wolf (nighttime type, like the Night Owl)

  • 15% to 20% of population
  • Medium sleep drive (7 hours), naturally wake up late after mid-morning
  • Wake up with serious morning grogginess, with their peak energy in the middle of the day and evening
  • Adapt best to 7 am wake up time and 12 am bedtime for traditional office hours
  • Tend to be creative, pessimistic, risk-seeking and moody; often seen as lazy due to their being out of sych with society’s schedule
  • Are comfortable being alone or often socially introverted, but love a good party

Bear (middle of the road type)

  • 50% to 55% of population (often hybrids who lean toward being a Lion or a Wolf)
  • High sleep drive (8 hours), often hit the snooze button and wish they could stay in bed longer
  • Deep sleepers who like to rise with the sun and keep a solar schedule
  • Wake up in a haze, with their peak energy in the morning to mid-morning
  • Adapt best to a 7 am wake up time & 11:10 pm bedtime for traditional office hours
  • Tend to be fun, friendly and easy to talk to and have good people skills
  • Are team players and worker bees

Dolphin (difficult sleeper)

  • 10% of the population
  • Low sleep drive (6 hours), even though they often crave longer bouts of sleep
  • Light sleepers (often diagnosed or self-diagnosed as insomniacs who keep erratic sleep schedules and have trouble falling asleep and staying asleep)
  • Wake up feeling unrefreshed, with their peak energy in the mid-morning to early afternoon
  • Adapt best to a 6:30 am wake up time & 11:50 pm bedtime for traditional office hours
  • Tend to be anxious, irritable, and highly intelligent with Type A personality, including detail-oriented and perfectionistic
  • Prefer to work solo than in groups

Three Chronotype Classifications (Birds)

In his book, When: The Scientific Secrets of Perfect Timing, author Daniel Pink points out there is a strong biological underpinning for whether you are sharpest in the morning or in the evening. He describes the three chronotypes as:

Lark (morning person)

  • 15% to 20% of the population
  • Naturally wake up very early and go to bed very early
  • Wear out by the evening
  • Peak energy in the early morning

Owl (evening person)

  • 15% to 20% of the population
  • Naturally wake up late and go to bed late
  • Sluggish in the morning
  • Peak energy in the late afternoon and early evening

Third Bird (intermediate person)

  • 66% or 2/3 of population
  • Naturally wake up early and go to bed early
  • Peak in the early to mid-morning

Larks and owls are at two ends of the spectrum. Their melatonin and cortisol levels rise and fall at different times in the 24-hour cycle. For example, melatonin is still high for night owls if they wake at 6 to 7 am, while it dips for larks before that time.  

How to Find Out Your Chronotype

Paying attention to your own natural rhythm is important to know when you are at your peak each day. The ideal time to wake up, go to bed, and perform certain activities depends on your chronotype, i.e. whether you are a morning person, an evening person, or in between.

Here are four ways to find out your chronotype:

Take Power of When Quiz, created by Dr. Breus. Currently available at powerofwhenquiz.com, this is a short questionnaire that takes about two minutes to complete and provides a personalized choronotype.  By answering questions on your sleep drive, sleep timing and preference, you will learn whether you are a Lion, Dolphin, Bear or Wolf and how your chronotype impacts your daily life.

Calculate Midpoint of Sleep, as outlined in Pink’s book. On a free day, when you have no appointments, meetings or time-sensitive obligations (and are not sleep-deprived), when do you naturally go to sleep and wake up? What is the midpoint of your sleep cycle? For example, if you go to bed at 12 am and wake at 8 am, your midpoint is 4 am. If your midpoint is 3:30 am or earlier, you are a Lark. If it is 5:30 am or later, you are an Owl. If you midpoint is somewhere in the middle, you are a Third Bird.

Track your energy level every hour and note how you feel on a scale of 1 to 10. Also note the task or activity and the time of day. A 10 is when you are at your sharpest, fully present, and can more easily get into a flow state. The lower the score, the more you feel drained, scattered, and open to distractions. Chart your scores over time for a week or two. Look for patterns related to when you are hitting 10s, 1s and in between.

Complete scientifically verified survey, such as the Horne Östberg questionnaire, and Munich Chronotype questionnaire, which contains Likert-scale questions to assess your preferences in sleep and waking times, and the degree to which you are active and alert at certain times of the day.

Match Your Chronotype with the Task and Time of Day

The rises and dips in your circadian rhythm trigger changes in your mental alertness, emotional states and behaviors throughout the day. In addition to knowing your chronotype, you also need to sort your work into three types of categories: (1) analytic work that requires heads-down focus, (2) insight work that is open to possibilities, and (3) administrative work that is more routine.

You will produce the best results with the most ease if you do cognitively demanding tasks when you are at your peak (mornings for most people) and creative tasks when your mood boosts back up (early evening for most people). Save your busy work for when you are least productive, which is usually after lunch in the early afternoon, for most people.

* * *

For more information on how to match your chronotype with the task and time of day for peak performance, read the related article,  Finding Your Rhythm: When to Do What – Step 2 (Match Your Chronotype with the Task and Time of Day.

###

This article provides general information only. Do not consider it as legal advice for any individual case or situation.  

The author, Dyan Williams, is admitted to the Minnesota state bar and focuses on the Minnesota Rules of Professional Conduct, which are subject to change. Check your individual state rules of professional conduct, regulations, ethics opinions and case precedents, instead of relying on this article for specific guidance. 

SUBSCRIBE           CONTACT

Saying thanks and celebrating 5th year anniversary

As we approach Thanksgiving Day in the United States, I say thank you for your audience, referrals and, most of all, trusting Dyan Williams Law PLLC to help you solve your, your friend or your family member’s U.S. immigration problem.

Over the past five years — since I started my solo law practice on October 20, 2014 — I have focused on client matters that involve proving the bona fide nature of a marriage and overcoming marriage fraud findings in immigration matters; obtaining waivers for unlawful presence, fraud/misrepresentation and immigration violations; challenging expedited removal orders and visa refusals; and getting difficult naturalization cases approved. 

When I opened the virtual doors of the firm and launched its website at dyanwilliamslaw.com, I set no grandiose plans to hit a target revenue or grow my client list to a point where a physical office, a full-time staff and all the other benefits of a traditional firm would emerge. 

I had already worked at two other firms, with the last eight years as a senior managing attorney. I sought to create a law practice that would not only provide a minimum viable income, but also greater flexibility and increased autonomy to choose carefully and not feel rushed all the time.  

Instead of looking at what other firms were doing, I decided to stay in alignment with my own values and vision. This means taking on only certain types of U.S. immigration matters where I have the deepest knowledge, expertise and interest to give the most beneficial advice and counsel. I do not spread myself too thin or become frazzled by accepting every single client opportunity, with each carrying tremendous responsibilities and weighty obligations.

While it’s more common for lawyers to say yes to a new client matter, my default state is to say no. I offer representation only after I have determined that the case will make the best use of my skills, time, energy, focus and resources — and the potential client is talking to the best counsel for his or her problem.

Knowing how to use the right tools to repair and rebuild the client’s situation is key. If there are no available tools (e.g. existing laws, regulations, policies), I tell the person in a straightforward way and often point out possible steps to a future remedy.

When I am asked about the chance of success, I do not respond with a percentage, which is arbitrary. I simply say that my offering representation reflects that I will help prepare an approvable case, no matter the obstacles and complexities. While there is no guarantee of success, the inputs are controlled and the standards are upheld to maximize the probability of a favorable outcome.  

In the first week of business in October 2014, I took on two new clients with one applying for naturalization and the other seeking a marriage-based green card. (They were among my first success stories.) The first article, Fraud, Lies, and USCIS: Pitfalls in Naturalization, was published on our blog, The Legal Immigrant, 11 days later. 

The number of subscribers to the blog and number of clients at my firm have grown considerably over the years. My emphasis is the same: producing high-quality work consistently and deliberately with the goal of creating valuable results for each client. To learn more, read my article on my other blog, Staying Solo Successfully

Be sure to also check out two of my latest success stories on the approval of problematic I-751 petitions:

Well-Documented Form I-751 Petition (After Divorce) + Full Preparation for Interview = A True Success Story

Timely Response to Request for Evidence + In-Depth Preparation for I-751 Interview = A True Success Story

Email or call me to set up a consultation if you, a friend or a family member needs to remove conditions on permanent residence or has another U.S. immigration matter that requires my insight.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
dw@dyanwilliamslaw.com

###

Photo by: jdesroc

Timely Response to Request for Evidence + In-Depth Preparation for I-751 Interview = A True Success Story

The USCIS Field Office in Minneapolis approved our clients’ joint Form I-751 petition to remove conditions on residence, even though they lived apart in different states during the marriage and had just moved in together at the time of the interview. A timely response to the Request for Evidence and in-depth preparation for the I-751 interview were essential to getting the approval.

When the U.S. citizen’s I-130 petition and the beneficiary’s I-485 green card application were approved years earlier, the couple resided together. But the beneficiary later moved to another state where job opportunities were better and the living expenses were lower. The couple lived apart for about three years following their marriage. The U.S. citizen delayed relocating with his spouse to fulfill family obligations in his home state. In the meantime, they made a few trips to visit each other and kept up long-distance communication through telephone calls and text messages.

Explanatory Response to Request for Evidence

On their own, the couple filed the joint Form I-751 petition with their tax returns and a few affidavits as supporting evidence. The conditional resident contacted me, for the first time, when she received a Request for Evidence from USCIS instructing her to submit more evidence to show she and her spouse entered the marriage in good faith and continue to share a life together.

USCIS noted the evidence should include proof of children as a result of the marriage, evidence of joint residence, documents showing combined financial resources, and affidavits from third parties who have direct knowledge of the relationship.

In the consultation, I described the documentary evidence to submit in lieu of a joint residential lease, joint bills and other proof of a shared residence. I also noted that detailed affidavits from the couple were necessary to explain the compelling reasons for living separately in different states and their concrete plans to move in together where the conditional resident lives.

The Service may waive the interview requirement only when the documentary evidence is enough to support an approval without question. Because the conditional resident and her U.S. citizen spouse would continue to live in separate states at the time the RFE response was due, I explained that an interview with USCIS was likely.

Maintaining separate residences is a serious negative factor to consider when evaluating the bona fide nature of a marriage. USCIS will not approve an I-751 without an interview when there is no proof of a joint residence.

Falsely claiming to live together is a foolish and risky action to take. This makes the conditional resident subject to being charged with INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to gain U.S. immigration benefits), which is a lifetime inadmissibility bar to receiving permanent residence. In addition, USCIS may conduct an investigation – such as search open source records and make unannounced visits to the claimed residence – to verify whether the couple really lives together. Such investigations may occur at any time while the petition is pending.

Thorough Preparation for I-751 Interview

Eight months after the RFE was issued, USCIS sent the conditional resident an interview notice to complete the Form I-751 processing. At that point, the U.S. citizen had recently relocated and entered into a new lease agreement with his spouse for their shared residence.

The couple contacted me for representation at the I-751 interview. Before agreeing to attend the interview as counsel, we had a telephone consultation in which we discussed the status of their relationship, the re-establishment of their joint residence, and the potential concerns and questions the USCIS officer would likely have at the interview.

I also counseled them on the additional documentary evidence to submit at the interview. This included their joint residential lease, joint bank account statement, joint utility bill, and home property insurance.

After thoroughly preparing them for what to expect, I attended the interview with them a few days later. The USCIS officer interviewed them separately and asked a variety of questions on the premarital courtship, marital history, living arrangements, medical conditions, family dynamics, reasons for the separate residences, the U.S. citizen’s relocation, and current home they share. Their testimonies were credible and overall consistent with each other.

Removal of Conditions on Permanent Residence Following Completion of I-751 Interview

At the end of the interview, the USCIS officer issued a notice stating the petition has been recommended for approval and an approval notice would be mailed if final approval is granted.

A week later, the couple received the official Form I-797, Approval Notice removing the conditions on residence. The 10-year green card was also mailed in a separate correspondence. Because the applicant had received her conditional residence four years ago and remains married to the U.S. citizen petitioner, she already meets the continuous residence requirement for naturalization (U.S. citizenship).

Separate Residences During Marriage Creates an Obstacle to Receiving I-751 Approval

The years of maintaining separate residences made it harder for this otherwise bona fide married couple to receive an I-751 approval. Without evidence of their trips to visit each other and long-distance communications, as well as their own affidavits and third-party affidavits describing their marriage, the interview would have been tougher.

Further preparation on the testimonies and documentary evidence to present at the I-751 interview was also critical to getting the conditions on permanent residence removed. It was important for them to tell the truth about the separate residences instead of offer fabricated information about their living arrangements. Falsifying evidence is one of the quickest ways to end up with inconsistencies and a denial.

With guidance from counsel, the conditional resident received an I-751 approval despite living separately from her U.S. citizen spouse for several years during the marriage.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
dw@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT