Category Archives: The Legal Immigrant – Immigration Blog

The Legal Immigrant PODCAST is Now Up!

The month of January signals new beginnings and fresh starts. In December 2020 – with the new year approaching – I finally took steps to launch The Legal Immigrant podcast.

Through success stories and Q&As, the show will cover U.S. immigration problems that we help our clients solve.

Episodes 1 and 2 are now up. The podcast is available HERE  on the show’s website. Or find it on podcast apps like Apple Podcasts, SpotifyPlayer FM, and Listen Notes or via RSS feed.

At the start of 2020, I had tentative plans to launch a podcast. As a solo immigration lawyer and a productivity coach, I was conflicted on whether to start one or two podcasts. Over time, this project moved to the backburner while COVID-19, civil unrest, school closures, the November Elections, and other changes were at front and center.

Although the U.S. and other parts of the world are still not back to pre-COVID-19 “normal,” we can still attend to the essentials. We have a unique opportunity to build resilience, show grace to others, and learn new ways to maintain human connection.

Besides launching The Legal Immigrant podcast, I started another podcast, The Incrementalist. This productivity show will discuss how to make big changes or finish a big project in small steps, with the Incrementalist approach.

There’s a content strategy to release new episodes over the coming weeks. It will take systems – not goals – to keep the shows going. Stay tuned!

In the meantime, check out the first two episodes of The Legal Immigrant. If you find the podcast helpful, please share it with others. And subscribe so you don’t miss new episodes. 

And if you’d like to check out my other podcast, The Incrementalist, click HERE for the show’s website.

Your downloads, shares and subscriptions will help to grow the shows. In return, I will aim to provide valuable content and build connection with listeners through podcasting.

Thank you for your support and audience.

All the best in 2021,

Dyan Williams

SUBSCRIBE           CONTACT

Removal of INA 212(a)(6)(C)(i) Bar + H-4 Visa Grant = A True Success Story

A U.S. Consulate granted the H-4 spouse visa to our client, after agreeing to remove the INA 212(a)(6)(C)(i) charge against her. This permanent bar was made 10 years earlier, when she applied for an Immigrant Visa sponsored by her prior U.S. citizen spouse.

A 212(d)(3) nonimmigrant waiver is the more common fix, but does not get rid of the bar. In this case, I advised the applicant to file a motion to reconsider and rescind the inadmissibility charge, instead of ask for a 212(d)(3) waiver with the visa. The facts and law did not support the Consulate’s finding that she used fraud or willfully misrepresented material facts to obtain a U.S. immigration benefit.

Problem: INA 212(a)(6)(C)(i) Charge is a Permanent Bar

In the CR1 Immigrant Visa refusal, the U.S. Consulate found that my client had willfully misrepresented a material fact in her prior request for a K-3 nonimmigrant visa. The K-3 allows the spouse of a U.S. citizen to enter the U.S. with temporary status and then apply for a green card through Form I-485 adjustment.

According to the Consulate, she had falsely claimed to be married to the U.S. citizen petitioner when she really was not. It reasoned that her Hindu marriage — at the time she applied for the K-3 visa — was not legally valid because their marital ceremony did not include the statutorily recognized rituals, Saptapadi and/or Agni Pheras.

The couple chose to leave out these rituals for personal reasons. They received a marriage certificate from the government authorities based on the ceremony that was performed. They did not expect the U.S. Consulate to question the validity of the marriage due to the missing ceremonial rituals.

At the K-3 visa interview, the consular officer instructed the applicant to complete a new marital ceremony with all the necessary Hindu marriage rituals. It issued a visa refusal notice stating the petition was invalid and would be returned to USCIS for revocation.

After following the Consulate’s instructions, the U.S. citizen filed a second I-130 petition to restart the process. The beneficiary later applied for the Immigrant Visa with the understanding that the new marriage met the Consulate’s requirements.

Instead of granting the CR1 visa, the U.S. Consulate denied it under INA 212(a)(6)(C)(i). The Consulate found the applicant had lied about her marital status in the K-3 visa request because she did not have a legal marriage to the petitioner at the time. She next filed a Form I-601, Application for Waiver of Inadmissibility with USCIS, as instructed by the Consulate.

A year later, the I-601 waiver request was denied. USCIS found there was insufficient evidence of extreme hardship to the U.S. citizen petitioner if the applicant did not immigrate to the United States. The separation led the marriage to fall apart and end in divorce.

Several years later, the applicant entered into a legal, bona fide marriage to an H-1B visa holder. The couple then contacted me for help in getting the H-4 visa at the U.S. Consulate.

I confirmed that section 212(a)(6)(C)(i) is a lifetime inadmissibility bar. The H-4 visa could be granted only if the U.S. Consulate agreed to remove the bar or the U.S. Customs & Border Protection (CBP), Admissibility Review Office (ARO) issued a 212(d)(3) waiver with the Consulate’s recommendation.

Solution: Motion to Reconsider and Rescind Inadmissibility Bar in H-4 Visa Request

With my guidance, the couple decided to ask the U.S. Consulate to remove the section 212(a)(6)(C)(i) charge and grant the H-4 visa, without requiring the 212(d)(3) waiver.

To support the Motion to Reconsider, I counseled the H-1B spouse and the H-4 applicant on the written testimonies and documentary evidence to present to the U.S. Consulate. I also prepared a legal memorandum explaining why the section 212(a)(6)(C)(i) bar did not apply to this case.

At the visa interview, the applicant was questioned about the prior marriage that led to the inadmissibility bar. To show the consular officer that the bar was made in error, she presented the Motion to Reconsider, including my legal memorandum and her affidavit. The Consulate accepted her documents and placed the case in 221(g) administrative processing.

After receiving my follow-up inquiry, the Consulate scheduled the applicant for a second interview. This was three months after her first interview. She answered more questions on her marriage to the H-1B visa holder. She also submitted more evidence related to the marriage in response to a second 221(g) notice.

Six months after the first interview, the Consulate issued a notice stating the applicant was eligible for a waiver of inadmissibility. I then followed up with the Consulate requesting again they review the Motion to Reconsider and lift the section 212(a)(6)(C)(i) bar.

After several more months of administrative processing and follow-up inquiries, the Consulate issued a notice stating a new waiver was in process because the prior waiver had expired.

At that point, I filed a request with the Visa Office, U.S. Department of State, asking it to counsel the U.S. Consulate to reconsider the inadmissibility charge, instead of require a 212(d)(3) waiver. The Visa Office contacted the Consulate and began to investigate my inquiry.

Outcome: Removal of Misrepresentation Bar and H-4 Visa Grant

A year after the applicant had attended her first H-4 visa interview, the U.S. Consulate agreed to remove the section 212(a)(6)(C)(i) bar. The Visa Office sent me an email stating the Consulate would contact the applicant with further instructions on her H-4 visa request.

Despite the long wait, my client was happy to have the bar lifted and to receive her H-4 visa without needing a 212(d)(3) waiver. The visa was marked with a “clearance received” annotation. Because her spouse was already in the United States in H-1B status, she was excepted from Presidential Proclamation 10052, which placed COVID-19 travel restrictions on nonimmigrant visa applicants.

With the removal of the 212(a)(6)(C)(i) charge, my client will not a need a 212(d)(3) waiver to extend her H-4 status or to get a new nonimmigrant visa. She also will not require a Form I-601/INA 212(i) waiver to immigrate to the U.S. with her husband, who may apply for permanent residence through his U.S. employer.

The H-4 applicant, her H-1B spouse and I communicated by emails and telephone calls. I had one in-person meeting with the H-1B spouse for the initial consultation. With effective collaboration, we convinced the U.S. Consulate to remove the (6)(C)(i) bar — which was made a decade ago — and grant the H-4 visa. This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@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 your situation. Each case is unique and even cases that seem similar may have different outcomes. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Intro & Outro Music by: Sebastian Brian Mehr

Consent to Reapply for Admission – I-212 Waiver: Remedy to Overcoming INA 212(a)(9)(A) and (C) Bars

In this video, attorney Dyan Williams explains the remedy to obtaining a visa or lawful admission to the U.S. when you are barred due to a removal order, illegal re-entry, or aggravated felony conviction. The Consent to Reapply for Admission (I-212 Waiver) is needed when you are inadmissible under INA 212(a)(9)(A) and INA 212(a)(9)(C).

Get answers to these frequently asked questions:

1) Do I need a visa with the CTR?

2) Do I qualify for the CTR?

3) What must I prove to get the CTR?

4) How do I file for the CTR?

5) Do I need an attorney to file for the CTR?

For more information, see:

When do you need an I-212 Waiver (and how do you get it)?

What should you do to get your I-212 Waiver?

Approval of Form I-212 + Grant of Immigrant Visa= A True Success Story

I-212 Waiver + Diversity Immigrant Visa = A True Success Story

Approval of Form I-212 + Grant of 212(d)(3) Nonimmigrant Waiver = A True Success Story

Contact Dyan for advice and guidance on the Consent to Reapply for Admission (I-212 Waiver).

This video provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Saying Thanks on Thanksgiving Day

It’s Thanksgiving Day in the United States. The tradition is to gather with loved ones, share a meal (that includes turkey, stuffing, mashed potatoes and pumpkin pie), and express gratitude.

This year, there are COVID-19 guidelines and restrictions that affect holiday plans. Some will stay at home with their immediate family members, and keep relatives and friends outside their household at a physical distance — either by personal choice or due to state mandates.

We’ve had difficult decisions to make. We’ve experienced ripple effects in the United States and around the world. There are a wide range of opinions and thoughts on how to respond to this crisis.

It’s okay to find advantages in the “new normal” – like remote work, flexible schedules, and more family time.

It’s okay to feel grief, discomfort and perhaps anger over lockdowns and restrictions – like bans on social gatherings, physical distancing measures, closures of small businesses, and the erosion of personal relationships and mentorship opportunities.

It’s okay to be upset with those who flout the rules (especially if you have older parents or other vulnerable family members).

It’s okay to question the rules (especially if you live in a free democracy and your livelihood is at stake).

No doubt, 2020 has been a wild, roller coaster ride for most people around the globe. You’re not alone if this year did not turn out the way you wished or expected.

But we can always find someone or something to be grateful for. Nothing is too small to celebrate. Being thankful will soften your heart, lift your spirit, bring hope and shift your mindset.

We have the innate superpowers of acceptance, patience and resilience to tackle any adversity or setback. Learn more HERE in my blog post, 3 superpowers to be thankful for in a rough year.

And if you want to gain traction for the new year, check out my e-book, The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps. For a limited- time offer through December 4 (11:59 pm Central Time), the minimum price will drop to $4.99 (from $9.99) on leanpub.com. Get the book while it’s on sale!

Whether you’re a client, a subscriber, or visitor on my website, I appreciate your audience. Wherever you are and whatever you’re doing, stay well, stay strong, and stay connected.

Saying thanks on Thanksgiving Day,

Dyan Williams

# # #

Dyan Williams is a solo lawyer who practices U.S. immigration law and legal ethics at Dyan Williams Law PLLC. She is also a productivity coach who helps working parents, lawyers, small business owners and other busy people turn their ideas into action, reduce overwhelm, and focus on what truly matters. She is the author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps, an e-book at http://leanpub.com/incrementalist.

SUBSCRIBE           CONTACT

3 superpowers to be thankful for in a rough year

Being thankful in a rough year – like 2020 – is tough. The COVID-19 situation, economic fallout, and socio-political unrest have led to changes we did not expect. The end of the year (including Thanksgiving season in the United States) is an ideal time to reflect on what has been and what might be.

While adversity brings pain and discomfort, we have 3 superpowers to get us through it and out. They are acceptance, patience and resilience. We need each and all of them to keep ourselves together when life falls apart.

Acceptance.

When you accept what-is, you see things for what they truly are, rather than wish them to be different. You process unpleasant thoughts and emotions instead of suppress them. You keep climbing the steep cliff to get to the top, not jump off midway at your own peril.

Acceptance is not the same as giving up, condoning, or being complacent. You still have desires, goals and preferences. You still seek to make changes or defend the status quo. But you distinguish between what you control and what you don’t control. You recognize that while you might not have a say in big decisions, it’s your small daily actions that really matter.

You accept that you don’t always get what you want and you don’t have to get everything you want. You accept the present moment and the past, and you attend to the next moment and the future. You decide what you need to hold on to and what you have to let go of.

You’re not hooked on being right. You stop labeling yourself and others. You understand that choices and actions are based on nuanced and complex reasons, not one-dimensional motives. You’re able to engage with others who have different opinions and perspectives. You don’t just resort to labeling, blaming, stereotyping, censoring, and shutting down disagreements.

Although it’s comforting to be with kindred sprits, we grow and stretch more from seeking to understand those who are not. By staying open to conflict and tension, we gain a more holistic view of the world. This helps us sort facts from interpretations, distinguish narratives from truth, and separate groupthink from our own thoughts.

With the superpower of acceptance, we’re able to transform unbearable difficulties into welcome opportunities. We move from emotional rigidity to emotional agility. Only then can we make choices and take action in alignment with who we want to be in a given situation.

Patience.

Patience is an essential virtue for navigating uncertainty. It keeps your nervous system calm and your immune system strong. But we don’t get to exercise it much when our credit cards, smart phones, microwaves, and Amazon Prime make it so easy to get what we want right now.

Patience is allowing outcomes to unfold and goals to be reached organically and in due course — when more striving or more complaining is counterproductive. We practice waiting to get unfulfilled needs met while we look for substitutes and alternatives.

It often takes years to master our craft, optimize our skills, discover our gifts, and apply our strengths to create massive impact. There is no magic pill. There’s no overnight success.

Along the path, you might need to slow down, drop the stones you’ve been carrying, and lighten the load. Trust your natural rhythm and make space for rest, rather than obsess over your ability to produce.

With the superpower of patience, we know when to keep going, when to pause, and when to quit. We use routines, rituals, and repetition to get a little better every day. We make small tweaks in tiny moments to make a big difference. We course correct instead of rely on auto-pilot.

Resilience.

Having the grit to move through tough times, trusting yourself, and acting courageously are necessary to deal with life’s realities. To bounce back from major setbacks and everyday disappointment, we need to embrace vulnerabilities, have strong connections, honor our needs, process resentment, and find humor in grief.

Resilience helps us to move forward, flourish and thrive regardless of what life brings our way. We feel the anger, sadness and fear that come from losses, but we don’t let these feelings and emotions break our spirit. We can bend and flex in appropriate situations and hold our boundaries and set limits when necessary.

To get over rocky terrain, you have get back up and brush yourself off when you stumble or fall. You keep moving even when your confidence is shaken.

To cultivate resilience, you practice a wide range of responses and explore different possibilities for recovery. Sometimes you need to take the wait-and-see approach, not take instant action. Sometimes you need to move through rough patches, not end the relationship. Sometimes you need to laugh more, not meditate more. Sometimes you need to talk to a trusted confidante, not journal about your inner conflicts.

When you find meaning in crisis and purpose in hardships, you create resolve and strength to overcome. You drop the victim mentality. You don’t wait for others to take you in, take care of you or stand up for you. You put yourself in charge. You stand on your own and yet ask for help and receive it well when it’s given.

With the superpower of resilience, you have the ability to respond to setbacks and not just get strung along by external circumstances and conditions. You replace self-pity, anxiety and worry with a positive mindset. You see the big picture. You consider the temporary nature and existential uncertainty of all things.

* * *

Acceptance, patience and resilience are 3 superpowers to be thankful for in a rough year. They help us see the silver linings, no matter how faint they might be. They are natural and innate, but they can be crushed out with profound loss, defeat, disappointment, trauma and fear-based messaging. We must keep cultivating, rediscovering and developing these superpowers to withstand crisis, create bonds, defend boundaries, and grow from hardships.

Regardless of the depth and breadth of adversity you face, there’s a high probability you’ll get through it and out. Your being alive is proof you’ve done it before.

# # #

Dyan Williams is a solo lawyer who practices U.S. immigration law and legal ethics at Dyan Williams Law PLLC. She is also a productivity coach who helps working parents, lawyers, small business owners and other busy people turn their ideas into action, reduce overwhelm, and focus on what truly matters. She is the author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps, an e-book at http://leanpub.com/incrementalist.

SUBSCRIBE           CONTACT