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Category Archives: Adjustment of Status

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I-601 vs. I-601A Waivers: Provisional Waiver Strategy for Consular Processing

By Meri S. Ponist |

What is the Difference Between I-601 and I-601A? Families confronting unlawful presence problems often hear the words “waiver” and “provisional waiver” used almost interchangeably. In practice, however, Form I-601 and Form I-601A serve different purposes, apply at different stages of the process, and require different strategic planning. Choosing the wrong approach, or misunderstanding the… Read More »

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Adjustment of Status vs. Consular Processing: Timing, Risks, and Litigation Exposure

By Meri S. Ponist |

When an immigrant visa becomes available, applicants often assume the final step is procedural. In reality, the choice between adjustment of status under INA § 245 and consular processing abroad can significantly affect timing, risk exposure, and even the availability of judicial review. Although both pathways ultimately lead to lawful permanent residence, they operate… Read More »

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