Monthly Archives

November 2015

Choosing Between the Provisional Waiver and the Normal Waiver

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You and your spouse qualify to apply for consular process. Your attorney has explained the process and advised you that you’ll need a waiver of inadmissibility for illegal presence. She’s given you the options and explained the differences between the two types of waiver. But now you’re at home, discussing it with your spouse, and you can’t remember which is which. There are so many factors to consider…and so many stressful things to worry about! You qualify for the provisional waiver, but is that the best choice for you? Which is better for you and why? To make a good…

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Asking for Prosecutorial Discretion

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Many people who find themselves in removal proceedings do not qualify for an immigration benefit. So how does the person remain in the U.S.? What are their options? For some people, the only option is to ask the Department of Homeland Security for prosecutorial discretion. Asking for prosecutorial discretion means asking the Department of Homeland Security (and ultimately the Immigration Court) to administratively close the case and remove it from the active docket. This means the person won’t have to appear in Immigration Court for now because the case is closed (although the Department of Homeland Security reserves the right…

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