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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Whats New In Consular Processing: NIVs, IVs And Waivers

by Jan Pederson, et al.

Citations for ILW.COM's Seminar
"Whats New In Consular Processing: NIVs, IVs And Waivers"

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Kehrela Hodkinson

Consular Affairs-Visas:
http://www.usembassy.org.uk/cons_new/visa/index.html

Non-immigrant Visas:
http://www.usembassy.org.uk/cons_new/visa/niv/index.html

E Visas:
http://www.usembassy.org.uk/cons_new/visa/niv/treatytrader.html

Revised Requirements for I-864 Processing:
http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

Availability of Police Certificates -Visa Reciprocity and Country Documents Finder:
http://travel.state.gov/visa/reciprocity/index.htm

For an excellent summary of "unlawful presence" issues, see Kurzban, Ira J., Immigration Law Sourcebook, Ninth Edition pgs 68-74

From Stephen K. Fischel

NIV Waivers 9 FAM 40.301
Unlawful Presence 9 FAM 40.92

From Frances J. Hayden

Inquiries by fax to Seoul for IV waivers should be faxed to Officer in Charge, Jose R. Olivares, 011 82 2 720 7479 or by email to: cis.seoul@dhs.gov

Application for Waiver of Grounds of Excludability.

From John Klow

Authorities:

  • INA Sections 102
                 212(a), generally
                 212(a)(3)(A), (C), (E)
                 212(a)(7)(B)
                 212(d)(3)(A)
                 212(d)(4)
  • 8 CFR 212.2
                 212.4
Cites:
  • Matter of Hranka, 16 I & N Dec. 491 (BIA 1978)

  • Matter of Tin, 14 I & N Dec. 371 9Commissioner 1973)
Where to file I-192s: Nonimmigrant Waivers.

Questions And Answers For ILW.COM's Seminar
"Whats New In Consular Processing: NIVs, IVs And Waivers"

Question:

Are Canadian posts ok with B-2's changing status to L-1's (or is it the same as the B-2's changing status to H1B) ?

Answer by Jan Pederson:

They are extremely reasonable and whether they would entertain a case would depend on the purpose of the B-2 entry and the reason the transferor company abroad decided while the applicant was in the U.S. on a B-2, to make a transfer. There would be suspicions raised if a straight tourist. Perhaps the applicant was actually admitted on a B-1 to set up the L-1 entity or in some other capacity with the transferor company. That would be okay.

Answer by Silvia Graves:

It is the same. Ottawa has specifically stated that they will not entertain B1 or B2 changes of status, unless the applicant is Canadian of course. However, in my experience, Consulates in Toronto and the US Embassy in Ottawa may issue a nonimmigrant visa, with a change of status from B to H or L on a case by case basis. You may send a fax to the NIV Section in any of the Canadian posts and ask the NIV Chief if he or she will accept your case. The consuls will respond by telephone, fax or email.

Question:

The question is concerning the validity of granted NIV waivers. They are noted on the visa, but suppose that the B-2 visa with the waiver notation is "cancelled" when the applicant changes status to H-1B. Does the waiver have to be readjudicated and appended to the H-1B visa if the alien travels abroad? How about if the alien later applies for adjustment (assuming that the waiver was for something that would not be a permanent bar to LPR status)?

Answer by John Klow:

A waiver approved for B-2 status is limited to those conditions. Change to another NI status requires new consideration of another NI waiver to be issued a new NI Visa and admitted in the new NI status. Application for Permanent Resident status will require approval of a permanent waiver under INA 212(h) authority.

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About The Author

Jan Pederson, et al. are the speakers for the Whats New In Consular Processing: NIVs, IVs And Waivers seminar.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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