Inadmissibility and Waivers for Spouses and Children

Training 5: Inadmissibility and Waivers for Spouses and Children

In this one day intensive you will learn how Federal immigration laws prevent immigrants from being admitted into the United States – also known as “inadmissibility”. You will also learn how to competently prepare and file waivers for marriage based permanent residency applications for spouses and children of US citizens/ permanent residents living in the US and abroad.

8:30 am: Introduction and Welcome

8:45 am – 10:15 am: Grounds of Inadmissibility and Waivers for Marriage Based Immigrant Visas: Overview.

We will give the executive summary on grounds of inadmissibility and waivers and review the intake forms, checklist and contracts for this type of case.

  • I-601 Form
  • Pro Forma Pre-FTC Intake
  • Pro Forma Free Telephone Consult Intake Form
  • Fiancée / IV Intake Form – Citizen
  • Fiancée / IV Intake Form – Non Citizen
  • AOS Family Checklist w job letter and gfm sample letter
  • Pro Forma Proposal Immigrant Visa and 601 waiver of 10 year bar
  • Pro Forma Psychological and Mental Hardship – Pain Assessment
  • Pro Forma Discussing Extreme Hardship with Qualifying Spouse
  • Pro Forma I-601 Waiver Interview for Qualifying Relative Spouse
  • I-601 Affidavit for friends and family cover and sample

10:45 am – 12:45 pm: Legal Grounds of Inadmissibility and Associated Waivers for Marriage Based Immigrant Visas

  • You will use popular resources to quickly ascertain current substantive and procedural requirements for the marriage based immigrant visa waiver for the following grounds of inadmissibly.

10:15 am – 10:30 am AM Break

  • 3 or 10 year bar due to previous unlawful presence in the United States INA section 212(a)(9)(B)
  • Criminal grounds of inadmissibility INA section 212(a)(1)
  • Immigration fraud and misrepresentation INA section 212(a)(2)
  • Alien Smuggler INA section 212(a)(6)(E)
  • Kurzban – Grounds of Inadmissibility 212(a) Persons Ineligible for Visas and Admission (pages 68-175)
  • Provisional Waiver Guide
  • AILA Annual Conference recording

12:45 pm – 1:45 pm: Lunch Break

1:45 pm – 3:45 pm: Preparing the Case – INA §212(a)(9)(B) Unlawful Presence and Waivers

We roll up our sleeves and prepare actual cases for submission. We review the necessary documents and complete the mandatory USCIS forms.

  • Overview of USCIS and Dept of State Websites
  • I-601 Form and Instructions
  • I-601A Form and Instructions
  • Sample Qualifying Relative Waiver Statement Sally Mason (transcription style)
  • Sample I-601 Psych evaluation redacted 17 pages
  • Sample Immigrant Waiver Statement
  • 601 Transmittal letter to USCIS
  • 601 Exhibit list

3:45 am – 4:00 pm: PM Break

4:00 pm – 5:30 pm: Decision and Appeal Process

  • We review best and worst case scenarios after receiving our final decision on our case.
  • 601 Denial letter
  • I-290B Instructions
  • I-290B Form
  • Discussion of Federal court jurisdiction

5:30 pm: Conclusion of Program

Since 2004, Pro Forma has provided 3 day intensive trainings focusing on both performance and technical competency in the field of immigration law and practice management. With over 20 qualified units of CLE and 4 hours of coaching/mentoring/support, Pro Forma’s 3 day intensives provide a “hands on” approach whereby attendees can actually prepare the petitions, briefs and supporting documents after learning the substantive law and procedural rules.

In response to many inquiries about our online offerings, Pro Forma has developed these shorter, low-cost intensives that attorneys can attend remotely and still obtain the mentoring and coaching that is critical to learning a new practice area.

You will have a video tutorial guiding you through the materials and assignments. We will agree on a schedule for you to submit your assignments and for us to provide you with one hour of feedback via video and live consultation. In this way you can create a flexible schedule to complete the training. This training must be completed in 60 days from the day you receive the training materials. After the 60 days you will have to contract with Mark C. Daly on an hourly basis for review and discussion of your assignments.

Pro Forma has a great passion for training attorneys in immigration law. It is well documented that complaints against attorneys arise from either performance or technical competency issues. According to the Florida Bar:

Law schools do not graduate competent practicing lawyers. Instead, law schools graduate persons with ‘technical competency,’ i.e., graduates who have mastered substantive legal principles and know ‘how to think like a lawyer.’ These skills, however, are only half of the ‘competency equation,’ which is equal parts technical substantive skills (‘technical competency’) and the ability to bring those skills to bear for the benefit of and to the satisfaction of a client (‘performance competency’).

It is this performance competency, the ability to communicate adequately with a client and then timely perform services so that reasonable client expectations are met, which is missing from too many lawyers’ erudition as demonstrated by Florida Bar disciplinary statistics. The Florida Bar News, March 1, 2002.

 Please review our Immigration Law and Practice Management offerings and contact me with any questions or to sign up for a remote intensive.

Mark C. Daly, President of Pro Forma Immigration Attorneys:

We designed a comprehensive, remote online training for lawyers and paralegals who need to work on a flexible schedule. You will receive video instructions and prepare actual cases. You will then consult with me for an hour remotely to review your work and receive feedback and coaching.

These training require an average commitment of 8 hours over the course of one day to complete the course. These trainings are not lectures: You will prepare complete cases during the training with a video tutorial guiding you through the materials and assignments. We will agree on a schedule for you to submit your assignments and for us to provide you with feedback via video and live consultation. In this way you can create a flexible schedule to complete the training. This training must be completed in 60 days from the day you receive the training materials. After the 60 days you will have to contract with us on an hourly basis for review and discussion of your assignments.