Admissibility Challenges and Waivers: Strategies for Nonimmigrant Visa Processing

This course is designed for lawyers of all levels and experience within the U.S. immigration sphere. This course is particularly helpful for attorneys who represent nonimmigrant visa applicants at U.S. consular posts abroad. It provides an opportunity to expand their practice by addressing admissibility issues or gain a comprehensive understanding of processing applications and nonimmigrant waivers involving underlying issues.

Given the complexities faced by visa applicants with underlying admissibility issues, it is important for practitioners to understand how these challenges are addressed at the consular level. Many applicants are unaware that even a minor law enforcement encounter—one deemed insignificant under their home country’s criminal justice system—could potentially carry severe consequences under U.S. immigration law. This course equips attorneys with the tools and insights needed to navigate these scenarios effectively, including cases requiring waivers of inadmissibility, ensuring they can provide informed and strategic representation to their clients. By attending this CLE, you will gain a solid foundation in addressing admissibility issues at the consular level, enabling you to confidently handle these nonimmigrant visa applications within your legal practice.

This course will guide attorneys through a comprehensive exploration of key concepts, laws, and processes when representing nonimmigrant visa applicants with admissibility issues. Through engaging discussions, practical examples, and case studies, attorneys will learn how to address nonimmigrant visa applications for clients facing common admissibility issues, including criminal convictions, misrepresentation, and controlled substance violations. Additionally, the course will cover the nonimmigrant waiver process for applicants deemed inadmissible by U.S. immigration authorities. Participants will also learn strategies for providing supporting documentation and information to consular officers effectively, as well as best practices for preparing a successful application.

This course is ideal for immigration attorneys at all levels of practice who want to expand their understanding of representing nonimmigrant visa applicants who have underlying issues, or those that are inadmissible to obtain a U.S. visa.

Learning Objectives:

• Understand the key concepts, laws, and procedures involved in representing nonimmigrant visa applicants with underlying admissibility issues
• Identify common admissibility challenges, including criminal convictions, misrepresentation, and controlled substance violations, among others, and their implications under U.S. immigration law
• Gain a comprehensive understanding of the process for obtaining a nonimmigrant waiver, including the roles of the various government agencies involved, procedural steps, and typical processing times
• Develop strategies to address inadmissibility within the nonimmigrant waiver application and effectively advocate for clients facing these challenges
• Explore best practices for preparing and submitting comprehensive and compelling applications for nonimmigrant visas, including providing supporting documentation to consular officers
• Gain insights into consular-level decision-making processes
• Expand professional skills to confidently handle nonimmigrant visa cases involving complex admissibility issues and waivers