Posted onNovember 26, 2020|Comments Off on 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.
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
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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.
Posted onNovember 26, 2020|Comments Off on 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.
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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.
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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.
Posted onNovember 4, 2020|Comments Off on Staying Solo Successfully in Tumultuous 2020
On October 20, I celebrated my 6th year as a solo lawyer at Dyan Williams Law PLLC. It was a quiet acknowledgement in the middle of COVID-19 stress, civil unrest, political polarization, and a very divisive election year in the United States.
As I write this article on Wednesday, November 4th, we have yet to know the final outcome of the U.S. presidential election. Many are feeling discomfort, anxiety, anger, and worry over the uncertainty. Regardless of whether incumbent Donald Trump or challenger Joe Biden is elected as the 46th U.S. President, there are fears that political unrest will continue. The social isolation related to COVID-19 measures has added to the distress.
While the distractions and changes continue to mount, we are still expected to show up, do our part, and fulfill responsibilities in daily life.
In this tumultuous year of 2020, there are days when I wish business would slow down more. This is a fine line to walk in the present economy. While it’s great to have meaningful work to do, it can be hard to tackle other people’s problems in unstable times.
There is much to be thankful for. I still have a thriving law firm that helps clients achieve their U.S. immigration objectives, even as COVID-19 related travel restrictions, cancellation of visa interview appointments, and many unknowns persist. On the upside, I’ve had USCIS grant green cards, waivers and other benefits, and the U.S. Consulates lift inadmissibility bars and issue visas to my clients this year.
As a productivity coach, I’m helping lawyers, busy professionals and working parents maintain their sanity, build resilience and make progress on the things that really matter. I draw from my experience working remotely from my home office, with my husband and our two young children in close proximity.
Since the COVID-19 restrictions began in March, my family and I have been together through unprecedented changes, such as schools closing and businesses requiring or encouraging their teams to work from home. While the upending of normal life can lead to positive changes and a reemphasis on the highest priorities, it is a perpetual stress test. If we fail to manage it, it may result in our own destruction and society’s fracturing.
A key practice that has been essential to me is to respond with grace and compassion. When you’re faced with fast changes and unlimited demands or requests, you might move too quickly into resistance mode and defensive positions.
To lengthen our fuse and hold our center, we need to take care of ourselves, including our mind, heart, body and spirit. Otherwise, we won’t have the interest, composure, energy, or patience to respond effectively and break negative cycles.
As a lawyer, I get to deal with the problems, dilemmas and crises of my clients. When you have clients that are often in worse situations than yours, it’s easy to forget about self-care. But to be responsive in the most effective way, you need to have boundaries and set priorities. You must avoid the madness that comes with trying to do too many things all at once.
We also need to pivot, innovate and adapt to changes that are outside of our control. There are new opportunities in every crisis. Being a consistent player in our business arena, professional space or personal life will help us make vital progress, no matter how small it might seem.
We also have to confront our own biases and integrate multiple perspectives to navigate uncertainty. A big mental roadblock is confirmation bias, which means we hear what we want to hear, and see what we want to see. We have habit loops that keep us glued to the same sources of information. We have default networks that filter out information that disconfirm existing beliefs.
If you are breaking off relationships purely due to political differences and ideological disagreements, ask yourself whether you’re allowing divisive rhetoric in news media and social media to manipulate you.
Invite real discourse and participate in conscious conversations. Listen deeply to understand the stories, backgrounds, and experiences that shape the values of others who have conflicting viewpoints. Don’t allow your subconscious mind to dictate your behaviors and actions.
By confronting your biases and challenging your opinions, you might start to uncover commonalities that you did not know existed. Only then can we have civil discussions, increase mutual understanding, and form nonpartisan or bipartisan alliances to create lasting and positive changes.
Like many other eligible voters, I was bombarded with skewed messages on what to think of the 2020 political candidates and who to vote for and who to vote against. There was so much noise and distortion coming from so many angles.
While voting is an important civic duty, the act itself involves little effort. You have a lot more to do in terms of how you respond to the results, make space for whatever unfolds, and engage with others to inspire positive action.
The choices you make are probably not as important as how you form them. If we want to hold our society together, maintain civility, and address real problems, we need to know how to think clearly and make better decisions.
To learn more, check out my three-part commentary on reducing bias, framing and reframing problems, and owning your decisions:
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 lawyers, small business owners and other busy people reduce overwhelm and make time for 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.
Posted onOctober 26, 2020|Comments Off on I-601 Fraud Waiver + Immigrant Visa Grant = A True Success Story
After USCIS approved the Form I-601 application we prepared on his behalf, our client received his Immigrant Visa and joined his permanent resident parents in the United States. Prior to getting the waiver, he was refused the visa under INA 212(a)(6)(C)(i), i.e. fraud or willful misrepresentation of material fact to previously enter the U.S. on a B1/B2 visitor visa.
With our guidance, he proved to USCIS that his aging mother and father would face extreme hardships if he did not receive admission to the United States. The Form I-601 approval permitted the issuance of Immigrant Visas to the applicant and his accompanying wife and two minor children.
Problem: Permanent Bar Under INA 212(a)(6)(C)(i)
Section 212(a)(6)(C)(i) of the Immigration & Nationality Act (INA) states that a person who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, admission to the U.S. or any other U.S. immigration benefit is inadmissible. This is a lifetime bar to entering the United States.
In this case, in the early 1990s, our client attended high school while he was on a visitor visa, instead of on the proper F-1 student visa. A U.S. citizen family friend — who later became his legal guardian — encouraged him to begin attending a U.S. high school during his temporary visits. A minor at the time, he would consistently depart the United States before his authorized stay expired and then re-enter to continue his studies.
Two years later, he was denied admission at a U.S. port of entry, upon presenting his valid passport and unexpired visitor visa. He was still under age 18 at that point. The U.S. customs officers thought he spoke English too well to be just a visitor. With further inquiry, they discovered he was attending school and working part-time in the United States during his temporary stays. His visa was cancelled and he went back to Mexico.
A few days later, he returned to the United States by crossing the U.S.-Mexico border on foot without inspection. He did not encounter any border patrol agents or present any false documents or information to re-enter the United States and finish high school.
Following his high school graduation, he departed the United States and established a comfortable life in his home country. He became a family man with a spouse and two children. He developed a solid career in warehouse management and logistics.
About 20 years later, he applied for an Immigrant Visa based on an approved Form I-130 petition his U.S. citizen brother filed on his behalf. At the Immigrant Visa interview, the U.S. consular officer found him inadmissible under INA 212(a)(6)(C)(i) for misrepresenting the main purpose of his visit when he requested admission to the United States in the mid-1990s on his B-2 visitor visa to continue his education.
During the visa interview, he admitted under oath to the consular officer that he had attempted to enter the United States using his visitor visa by stating he was coming to the U.S. for a visit. But he intended to return to school and a part-time job.
Although he did not affirmatively present false information to the U.S. customs officer, his own testimony at the visa interview led the U.S. Consulate to deny him the visa under INA 212(a)(6)(C)(i). He was instructed to file a Form I-601 application for waiver of inadmissibility.
Solution: Form I-601 Waiver Under INA 212(i)
Section 212(i) of the INA provides a waiver of the fraud/misrepresentation bar if the applicant is the spouse, son, or daughter of a U.S. citizen or permanent resident who will suffer extreme hardship if the applicant’s request for admission to the United States is denied.
After agreeing to represent the applicant, I counseled him on the documentary evidence and written testimonies he needed to present to USCIS. These included detailed affidavits from the applicant and his family members, medical records and psychological evaluation reports for the parents, and proof of his U.S. citizen brother’s limited income and multiple responsibilities.
To support the Form I-601 application, I submitted a legal memorandum describing the extreme hardships the permanent resident parents would suffer if the applicant did not receive the Immigrant Visa for admission to the United States. The memo also explained why his U.S. citizen brother needed his help and support to care for their aging parents. Furthermore, it was not a viable option for the parents to relocate to the applicant’s home country due to the lack of health care, high crime rate, and poor living conditions.
Even if the applicant meets all the eligibility requirements, the USCIS officer must also decide whether to grant the waiver as a matter of discretion. Because fraud or willful misrepresentation of material fact to obtain a U.S. immigration benefit is a serious violation, we emphasized the applicant was a minor, at the time, who reasonably relied on the advice of his legal guardian. In addition, his professional qualifications, family responsibilities, lack of a criminal history, and close relationship with his permanent resident parents were positive factors that outweighed the unfavorable ones.
Outcome: Waiver Approval + Immigrant Visa Grant
Consistent with average wait times, USCIS took a year to process and approve the Form I-601 waiver application. Several months later, the applicant was scheduled for a follow-up interview at the U.S. Consulate, which issued the Immigrant Visas to him and his spouse and two children.
He and his accompanying derivative beneficiaries became permanent residents of the United States upon their admission on Immigrant Visas. He finally reunited with his parents and U.S. citizen brother after they had lived in separate countries for 20+ years. This is a true success story.
Cheers,
Dyan Williams
Founder & Principal Attorney Dyan Williams Law PLLC (612) 225-9900 info@dyanwilliamslaw.com
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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.
Posted onAugust 14, 2020|Comments Off on Staying Abroad Too Long May Affect Eligibility for Naturalization
In general, to qualify for naturalization, you must have resided continuously in the U.S. for at least 5 years, as a permanent resident, to become eligible for naturalization. An exception is if you are a qualified spouse of a U.S. citizen, in which case your continuous residence must be at least 3 years to qualify for naturalization.
You must also maintain continuous residence from the time you file the Form N-400 up to the time of naturalization (i.e. take the naturalization oath and become a U.S. citizen).
Normally, you may file your naturalization application up to 90 days before reaching the 3/5-year continuous residence period. This is known as the 90 day early filing period.
Your LPR status begins when USCIS approves your adjustment application or when you are admitted to the U.S. on an immigrant visa. For certain groups, the start date of becoming an LPR may be earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, USCIS generally considers an asylee’s date of admission as an LPR to be one year prior to the date the adjustment application was approved.
Breaks in Continuity of Residence
Continuous residence involves your maintaining a permanent dwelling place or principal residence in the United States over the period of time required by the statute. The federal regulation defines residence as your domicile or principal actual dwelling place, without regard to your intent. The duration of your residence is calculated from the time you first establish residence in a particular location.
Thus, if you list a foreign residence and no concurrent U.S. physical address on the naturalization application, during the 3/5-year statutory period, you could face problems meeting this requirement.
If you broke the continuity of residence because you stayed abroad too long, you may not file your naturalization application as early as 90 days before you meet the continuous residence requirement.
Continuous residence relates to the time you resided lawfully in the U.S. without any single absence long enough to “break” continuity for naturalization. There are two types of absences from the U.S. that break the continuity of residence for purposes of naturalization:
1. Absence of more than 6 months but less than one year is presumed to break the continuity of residence.
Example: Melinda is absent from the U.S. from September 19, 2017 to June 26, 2018. Her absence of 280 days is presumed to break the continuity of residence because it lasted more than six months. Any time spent in the U.S. prior to September 19, 2017 presumably does not count toward her continuous residence.
She may, however, rebut the presumption of a break in continuous residence to be eligible for naturalization. She must provide evidence showing she did not disrupt her continuous residence during her stay abroad, such as keeping her job in the U.S. and not obtaining employment while abroad; maintaining a physical residence in the U.S. to which she retained full access (e.g. own or lease a home); and having immediate family members or strong family ties in the U.S.
Eligibility After Break in Continuous Residence (due to absence of more than 6 months but less than one year): Rebut presumption OR Wait at least until 6 months before reaching the end of the new statutory period
If the applicant is unable to rebut the presumption of a break in continuous residence, she must establish a new period of continuous residence to be eligible for naturalization.
Thus, if Melinda does not rebut the presumption of a break in continuous residence, she must wait until at least 6 months from reaching the 5-year anniversary of the new statutory period following her return to the United States. In this example, the new statutory period began on June 26, 2018, which is when Melinda returned to the United States. The earliest she may apply (or re-apply) for naturalization is December 26, 2022, i.e. at least 6 months from the end of the relevant statutory period.
2. Absence of one year or more (without an approved Form N-470, Application to Preserve Residence for Naturalization Purposes) absolutely breaks the continuity of residence.
Example: Jonas was absent from the United States from December 11, 2014 to January 11, 2016. His absence of 396 days absolutely breaks the continuity of residence because it lasted more than a year. Any time spent in the U.S. prior to December 11, 2014 does not count toward his continuous residence.
Unless the applicant has an approved Form N-470, Application to Preserve Residence for Naturalization Purposes, USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period. A Form N-470 preserves residence for LPRs who have qualifying employment abroad with the U.S. government, private sector, or a religious organization.
Eligibility After Break in Continuous Residence (due to absence of one year or more): Four Years and One Day | Two Days and One Day OR Four Years and Six months | Two Years and Six Months
When there is an absolute break in continuous residence due to absence of one year or more:
You must wait at least 4 years and 1 day after re-entering and continuously residing in the U.S. to file for naturalization, if you are subject to the 5-year continuous residence requirement. (Once 4 years and 1 day have passed from the date of your return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.)
You must wait at least 2 years and 1 day after re-entering and continuously residing in the U.S. to file for naturalization, if you are subject to the 3-year continuous residence requirement. (Once 2 years and 1 day have passed from the date of your return to the United States, the period of absence from the United States that occurred within the past 3 years is now less than 1 year.)
Merely counting out 4 years and 1 day or 2 years and 1 day from your return to the U.S. — following an absence of 1 year or more — is not sufficient to determine whether you meet the continuous residence requirement. Because the period of absence within the past 5 years (or 3 years) is still more than 6 months, you must also overcome the presumption of a break in continuous residence.
But if you wait to apply for naturalization at least 4 years and 6 months (or 2 years and 6 months) after returning to the United States and reestablishing residence, there would not be a presumption of a break in residence. The reason is the period of absence preceding the N-400 application date is now less than 6 months.
How Absence from the United States During the Statutory Period Affects Eligibility to Naturalize:
Duration of Absence
Must Applicant Overcome Presumption of a Break in the Continuity of Residence?
Eligible to Naturalize?
6 months or less
No *(See Note 1 below)
Yes
More than 6 months but less than 1 year
Yes
Yes * (See Note 2 below)
1 year or more (without USCIS approval via N-470 process)
Not eligible to apply
No
*NOTE 1: Absences of less than 6 months may also break the continuous residence depending on the facts surrounding the absence. An example is if you claimed nonresident alien status to qualify for tax exemptions or if you failed to file income tax returns because you consider yourself a non-resident alien.
*NOTE 2: If you are unable to rebut the presumption of a break in continuous residence, you must wait to apply for naturalization at least 6 months before reaching the end of the relevant statutory period. Example: if you returned to the United States on June 26, 2018, following an absence of more than 6 months but less than 1 year — and you’re unable to rebut the presumption of a break in continuous residence — the earliest you may apply (or re-apply) for naturalization is December 26, 2022.
Length of Time Needed to Re-Establish Eligibility for Naturalization and Residence in the United States Following An Absence of 1 Year or More:
Provision
Absence During Statutory Period
May Apply for Naturalization After…
INA 316 5-year statutory period
More than 1 year
4 years and 6 months, OR 4 years and 1 day (but must overcome presumption of break in continuous residence)
INA 319 3-year statutory period
More than 1 year
2 years and 6 months, OR 2 years and 1 day (but must overcome presumption of break in continuous residence)
Permanent dwelling place in the U.S.
You must have the intent to maintain lawful permanent resident status and consider all absences from the U.S. to be fixed, temporary visits abroad. Lengthy or frequent absences from the U.S. may result in a denial of naturalization due to abandonment of LPR status.
USCIS will consider the entire period from the LPR admission until the present when determining whether you meet the continuous residence requirement. It will focus mostly on whether you maintained continuous residence (permanent dwelling place) in the United States during the statutory period.
If you have taken a trip outside the U.S. that lasted 6 months or more since becoming a permanent resident, you should have evidence that you continued to maintain a permanent dwelling/physical address in the United States and kept ties to the U.S. during your absence.
Frequent trips or stays abroad, even when each lasted less than six months, can also create problems. If you’re not able to show your principal actual dwelling place is in the United States or show residence within the United States for the statutory period, USCIS may find that you do not meet the continuous residence requirement, even if all of your individual absences were under 6 months.
For more information on eligibility for naturalization, read our related article, 5 Questions to Ask Yourself Before You File for Naturalization (U.S. Citizenship). Consult a U.S. immigration attorney to verify when you may file for naturalization, especially if you had a trip abroad lasting more than 6 months during the statutory period.
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 legal 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.
