Establishing Eligibility for a Fee Waiver with the USCIS
In this article, we will use the Form I-912 instructions and other resources including the AFM to examine rules for establishing eligibility for a fee waiver.
In this article, we will use the Form I-912 instructions and other resources including the AFM to examine rules for establishing eligibility for a fee waiver.
The 8th Circuit held that an alien has the burden of proof of establishing that he or she is not subject to the mandatory denial of a waiver of deportability application.
In Matter of Vella, the held that the 212(h) waiver bar “previously … admitted for permanent residence” applies to all previous admissions for permanent residence.
In the Matter of Tima, the Board held that a section 237(a)(1)(H) waiver cannot waive removability for a CIMT conviction even when the conviction is based on immigration fraud.
The DHS created new regulations regarding provisional unlawful presence waivers for those affected by the 3- or 10-year bars of inadmissibility. The rules take effect August 29, 2016.
This post on the SIJ-based adjustment waiver links to the relevant section of our full article on SIJ adjustment of status.