15 episodes

The Legal Immigrant podcast covers U.S. immigration problems that Dyan Williams Law PLLC can help you solve. Through success stories and Q&As, we'll discuss waivers of inadmissibility due to fraud or misrepresentation, criminal offense, unlawful presence, illegal entries, and removal orders; motions to reconsider inadmissibility bars; marriage-based green card, spousal immigrant visa, K-1 fiance visa; naturalization issues; and more.

Website: www.dyanwilliamslaw.com

The Legal Immigrant Dyan Williams , Esq.

    • Education
    • 5.0 • 6 Ratings

The Legal Immigrant podcast covers U.S. immigration problems that Dyan Williams Law PLLC can help you solve. Through success stories and Q&As, we'll discuss waivers of inadmissibility due to fraud or misrepresentation, criminal offense, unlawful presence, illegal entries, and removal orders; motions to reconsider inadmissibility bars; marriage-based green card, spousal immigrant visa, K-1 fiance visa; naturalization issues; and more.

Website: www.dyanwilliamslaw.com

    I-212 and I-192 Approvals for U.S. Visits Following Conviction and Deportation = True Success Story

    I-212 and I-192 Approvals for U.S. Visits Following Conviction and Deportation = True Success Story

    A Canadian citizen wished to enter the U.S. to reunite with his U.S. citizen parents and sibling. But a decade-old conviction for Conspiracy to Import Ecstasy into the U.S. and his deportation, which followed his release from prison, barred him on four inadmissibility grounds:
    1) INA 212(a)(2)(a)(i)(I) (crime involving moral turpitude)2) INA 212(a)(2)(A)(i)(II) (controlled substance violation)3) INA 212(a)(2)(C) (controlled substance trafficking)4) INA 212(a)(9)(A)(ii) (removal order with aggravated felony conviction)
    With two consultations and, eventually, representation from Dyan Williams Law, the former green card holder received Form I-212 (Consent to Reapply for Admission) and Form I-192 (212(d)(3) waiver) approvals to make temporary U.S. visits. 
    This is a true success story at Dyan Williams Law.
    The Legal Immigrant provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

    • 7 min
    Can You Get a U.S. Visa if You Have a Conviction for or Admit to a Drug Offense?

    Can You Get a U.S. Visa if You Have a Conviction for or Admit to a Drug Offense?

    If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States.  This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule.   
    That said, is Prince Harry’s U.S. visa subject to revocation due to his public admission to illicit drug use? He does this in his memoir book Spare and in several media interviews. While this might be no big deal for the Duke of Sussex, such public admissions would typically carry high U.S. immigration risks.
    In episode 14 of The Legal Immigrant, you will learn 4 tips to consider in dealing with the U.S. immigration consequences of a controlled substance violation.
    0:00 Introduction1:01 Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex's U.S. immigration records2:22 Possible visa options for Prince Harry, Duke of Sussex4:40 Tip #1 - Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense4:56 Definition of a "conviction" for a drug offense under U.S. immigration law6:09 Definition of an "admission" to a drug offense under U.S. immigration law8:47 Definition of a "controlled substance" under U.S. federal law11:18 Lying about a material fact on a visa application may lead to a finding of fraud or willful misrepresentation to obtain U.S. immigration benefits, which is a permanent bar under INA 212(a)(6)(C)(i)11:53 Tip #2 - Consider the applicant's age at the time of the drug offense 13:13 Tip #3 - Be aware of the separate, health-related inadmissibility bar related to drug use, under INA 212(a)(1)(A)(iv)14:04 Tip #4 - Confirm eligibility for a waiver if you are found inadmissible due to a controlled substance violation or due to your being identified as a drug abuser or addict14:37 Section 212(d)(3) nonimmigrant waiver for nonimmigrants who are found inadmissible due to drug offenses or due to being identified as a current drug abuser or addict14:50 Factors considered in 212(d)(3) nonimmigrant waiver requests15:27 Section 212(h) of the INA provides a waiver for immigrants who are found inadmissible for drug offenses in only one situation: that is, a single conviction or legal admission to committing one controlled substance offense that involves possession of marijuana, 30 grams or less16:03 Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests16:48 No immigrant waiver if you are if you are identified as a current drug abuser or addict and found inadmissible on health-related grounds under INA 212(a)(1)(A)(iv). You may, however, overcome this inadmissibility if the drug abuse or addiction is found to be in remission. 
    This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.
    Contact Form on Website: https://dyanwilliamslaw.com/​Email: info@dyanwilliamslaw.com
    Subscribe to The Legal Immigrant e-newsletter at: https://bit.ly/33JyL4b

    • 19 min
    I-601 Waiver for INA 212(a)(6)(C)(i) Bar + Immigrant Visa = A True Success Story

    I-601 Waiver for INA 212(a)(6)(C)(i) Bar + Immigrant Visa = A True Success Story

    Five years after being found inadmissible under INA 212(a)(6)(C)(i), our client finally received her Immigrant Visa to join her U.S. citizen spouse in the United States. Consistent with normal processing time, USCIS took 10 months to approve her Form I-601 application for waiver of inadmissibility, which we prepared and filed on her behalf. But due to the U.S. Consulate’s administrative delays and a Presidential Proclamation suspending entries from the client’s home country, it took almost three more years for her to get the visa.

    • 9 min
    COVID-19 Vaccination Required for Green Card Applicants, Starting October 1st

    COVID-19 Vaccination Required for Green Card Applicants, Starting October 1st

    The U.S. Centers for Disease Control and Prevention (CDC) has a new requirement that will affect all green card applicants. Starting October 1, 2021, intended immigrants must receive full doses of the COVID-19 vaccine to immigrate to the U.S. This new requirement affects eligibility for permanent residence on health-related grounds.

    • 15 min
    U.S. Immigration Risks in Claiming F-1 OPT or H-1B Status When There is No Real Job

    U.S. Immigration Risks in Claiming F-1 OPT or H-1B Status When There is No Real Job

    If you seek to maintain F-1 OPT, F-1 STEM OPT or H-1B status through employment – when there is no real job – you run the risk of being found inadmissible under INA 212(a)(6)(C)(i). This law states that you have a lifetime bar if you engage in fraud or willful misrepresentation of a material fact to obtain a U.S. immigration benefit.

    • 19 min
    B-1 Visitor Visa: Traveling to the U.S. for Business

    B-1 Visitor Visa: Traveling to the U.S. for Business

    Is the B-1/B-2 the right visa to enter the U.S. to participate in a business meeting? Attend a conference or convention? Negotiate a contract? Yes on the B-1, but no on a B-2 only. If you have a combination B-1/B-2 visa, you should inform the U.S customs officer of the main purpose of your visit. Get admitted in the right classification. The B-1 is more flexible than the B-2 classification. You may engage in business activities and tourism with a B-1. But the B-2 is for tourism and social visits only, with very limited exceptions in special circumstances.

    • 19 min

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