UPDATES
The name of the document placing a person in removal proceedings.
What is a "Notice to Appear" or "NTA"?
We should never do this when screening a client for affirmative or defensive relief.
What are make assumptions?
Those not eligible for adjustment of status may still become permanent residents through this process abroad.
What is consular processing?
This inadmissibility ground based on unlawful presence does not go away with the passage of time for a person remaining in the U.S.
What is the permanent bar?
What is the U.S. Constitution?
This form of relief is important to explore for those with convictions triggering inadmissibility or deportability.
What is post-conviction relief?
A naturalization applicant who is deportable will end up in this process under the current administration.
What are removal proceedings?
Document stating USCIS will issue NTAs to applicants whose case is denied and are otherwise removable.
What is the NTA memo?
The first form of immigration "benefit" we should screen for when helping a new client.
What is U.S. citizenship?
The two types of entries to the U.S. that INA 245(a) says make a person qualified for 245(a) adjustment of status for family immigration.
What are inspected and admitted or paroled?
This waiver is not available to those who helped a friend enter the U.S. illegally.
What is a smuggling waiver or INA 212(d)(11) waiver?
What is a rapid response network?
Working in the legalized cannabis industry will trigger this ground of inadmissibility.
What is "reason to believe" or RTB drug trafficker?
Overdue taxes can lead to a finding that the applicant lacks this naturalization requirement.
What is "good moral character"?
Inadmissibility ground that has not yet been changed but will be changed soon, relating to age, health, finances, ability to support oneself.
What is likely to become a public charge?
The two primary forms of relief from removal for LPRs in removal proceedings due to criminal convictions.
What are LPR cancellation and the 212(h) waiver?
The two most common bars to adjustment found in INA 245(c).
What are work without authorization and falling out of status?
Many waivers require that the applicant show that a qualifying relative will suffer this.
What is hardship or extreme hardship?
Allows your family to create an organized plan of action.
What is a Family Preparedness Plan?
New law last year that subjects noncitizens to mandatory detention if they are inadmissible for EWI and are only arrested or charged with theft, but not yet convicted.
What is the Laken Riley Act.
USCIS will be vetting naturalization applicants to determine if this was a problem when the applicant became an LPR.
What is the applicant was ineligible or inadmissible at entry or adjustment?
These are the only types of payments now accepted by USCIS.
What are electronic payments (by credit card or ACH debit or bank account)?
If denied by USCIS, noncitizens can renew this application to immigrate through a family member in removal proceedings.
What is adjustment of status?
Eligibility for 245(i) adjustment requires at minimum a past petition or labor cert filed by this date.
What is 4/30/01?
"Sustained remission" for one year should overcome this ground of inadmissibility.
What is drug abuse?
Pocket size document that lists your rights, created by ILRC.
What is a red card?
Must occur in order for an "admission" to a drug or CIMT crime to make someone inadmissible.
What is a "formal admission" OR a "Matter of K" admission OR "an explanation of every element of the offense and a voluntary, uncoerced admission?"
Multiple filings of this form in naturalization cases raise questions as to its validity.
What is an N-648 or application for disability exception?
Two new negative discretionary factors which might come up due to an applicant's social media or protest involvement.
What are anti-Americanism and anti-semitism?
The Franco settlement and Matter of M-A-M- help immigrants with these problems.
What are mental illnesses?
A person denied Special Agricultural Worker (SAW) status may adjust status in the U.S. through a U.S. citizen adult child or spouse, if they last entered the U.S. with either a visa OR this document.
What is a SAW employment authorization or work permit.
This defense will overcome inadmissibility for visa fraud or a false claim of citizenship if done immediately after the "lie" and before being "caught" in the lie.
What is a "timely retraction?"
Breaking silence to express a fear of return to country of birth may be necessary to avoid being placed in this process.
What is expedited removal or reinstatement of removal process?
A conviction which is defined as a "petty offense" or "youthful offender" conviction for a "crime involving moral turpitude" does not trigger inadmissibility because of this statutory reason.
What is an "exception" to inadmissibility"
USCIS says a determination of "good moral character" now requires these additional forms of proof, especially if the applicant was subject to GMC bars in the past.
What is proof of rehabilitation, reformation and other positive attributes and contributions?