The Legal Immigrant

Form I-485, Adjustment of Status is for eligible applicants who are already in the United States and are seeking to obtain a green card. USCIS Policy Memorandum PM-602-0199, issued on May 21, 2026, instructs USCIS officers to consider adjustment of status an “extraordinary” relief. This means USCIS may deny adjustment applications, as a matter of discretion, if it determines the applicant should instead apply for an Immigrant Visa at the U.S. Embassy/Consulate abroad.

In this episode, you will learn:

1. Positive and negative factors that USCIS considers in deciding whether to approve or deny a Form I-485 application on discretionary grounds.
2. Categories of I-485 applicants who should be least affected by the shift in USCIS policy.
3. Options if USCIS denies your I-485 application.

Consult an experienced U.S. immigration attorney to help you (1) assess your eligibility for Form I-485, adjustment of status, (2) demonstrate the positive factors warrant a favorable exercise of discretion, and (3) supplement your pending Form I-485 application or strengthen a new application. To request a consultation on an I-485 green card or Immigrant Visa application with attorney Dyan Williams, send an email to [email protected]. 

For more information on the Form I-485 adjustment process, see:

Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?

Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions

A Key Requirement for I-485 Adjustment to Permanent Resident Status: Inspection and Admission OR Inspection and Parole

When do you need an I-601 waiver due to unlawful presence (and how do you get it)?

When do you need an I-212 Waiver (and how do you get it)?

Website: https://dyanwilliamslaw.com/​
Email: [email protected]
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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.

The U.S. Customs & Border Protection (CBP) vacated its Expedited Removal Order and INA 212(a)(7)(A)(i) Inadmissibility Finding against my client and granted her a retroactive Withdrawal of Application for Admission. The CBP had denied her request for entry in F-1 Student OPT status after finding, in error, that she intended to work in the United States without authorization. 

The CBP no longer deems her to be an intended immigrant without a proper visa, as charged at the U.S. port of entry. By rescinding the Expedited Removal Order, it vacated the 5-year bar to entry under INA 212(a)(9)(A)(i). The CBP updated her records to reflect that she withdrew her application for admission.

Website: https://dyanwilliamslaw.com/​
Email: [email protected]
Subscribe to The Legal Immigrant e-newsletter: https://bit.ly/33JyL4b

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.

USCIS approved the Form I-129F, K-1 fiancé petition of our U.S. citizen client, after issuing a Notice of Intent to Deny it under INA 204(c). In the NOID, USCIS claimed her foreign national fiancé entered a prior sham marriage to a Form I-485 green card applicant solely to gain permanent residence as a derivative beneficiary. After receiving our Response to the NOID, USCIS vacated the 204(c) charge and approved the petition. 

Still, the U.S. Consulate refused the K-1 visa under INA 212(a)(6)(C)(i) and instructed the applicant to file for an I-601 waiver. Ten days after receiving our Motion to Reconsider the Inadmissibility Finding, the U.S. Consulate rescinded the (6)(C) refusal and then granted the visa. 

 It took 6 years for the applicant to receive his permanent residence from the time the Form I-129F petition was filed with USCIS. This long and complicated U.S. immigration journey is a true success story for the clients and Dyan Williams Law. 

Website: https://dyanwilliamslaw.com/​
Email: [email protected]

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.

Subscribe to The Legal Immigrant e-newsletter at: 
https://bit.ly/33JyL4b

On September 19, President Trump signed a Proclamation restricting the entry of certain H-1B workers into the United States, unless the Form I-129 (H-1B) petition was accompanied by a $100,000 fee from the employer. The restriction is effective as of September 21, and will expire in 12 months, absent an extension from the Trump Administration.

How will this be implemented? Will there be federal court litigation to stop it? That's what we don't yet know. But in this video, you will learn what we do know, so far.

Related article: Trump’s $100,000 Fee in New H-1B Petitions: What We Know (So Far) | Dyan Williams Law PLLC

Website: https://dyanwilliamslaw.com/​
Email: [email protected]

As of August 26, USCIS has paused the granting of Applications for Parole in Place for Noncitizen Spouses and Stepchildren of U.S. Citizens. Due to a court order from the U.S. District Court, Eastern District of Texas, USCIS may not approve or adjudicate Form I-131F, PIP applications, although it is still accepting them.

In Texas v. Department of Homeland Security, Case Number 24-cv-306, the court administratively stayed DHS from granting PIP under Keeping Families Together for 14 days. The court may extend the period of this administrative stay for additional periods through mid-October.

The court order resulted from Plaintiff States requesting a temporary restraining order and stay of agency action to roll out the program.

Related resources:

USCIS Implements Form I-131F, Application for Parole in Place for Certain Undocumented Spouses and Stepchildren of U.S. Citizens

USCIS Expected to Start Accepting Parole in Place Applications on August 19

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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.

Email: [email protected]
Website: www.dyanwilliamslaw.com

Subscribe to The Legal Immigrant e-newsletter at:
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On June 18, the Biden Administration announced a “Parole in Place” plan to allow certain undocumented spouses and children of U.S. citizens to apply for permanent residence within the U.S., instead of needing to depart for Immigrant Visa processing. "The Fact Sheet: President Biden Announces New Actions to Keep Families Together" provides basic information on the program, which the Administration says will promote family unity.

The exact application process – such as required forms, filing fee and documentary evidence – has yet to be decided. Until a proposed rule is published in the Federal Register and public comments are accepted and reviewed, it will not go into effect as a final rule. USCIS will reject any filings related to this process received before the official start date, which might begin in late summer 2024.

In episode 16 of The Legal Immigrant, you will learn:

2:17 Who Will Benefit from the Parole in Place Program? 
3:42 How Will the Parole in Place Program Expand Who May Apply for Adjustment to Permanent Residence?
5:24 What are the Advantages of the Parole in Place Plan?
7:58 What are the Limitations of the Parole in Place Plan? 
10:54 How Will the Parole in Place Program Take Effect? 

For more on the I-485 adjustment of status application process, see:

Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?

Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions

A Key Requirement for I-485 Adjustment of Status: Inspection and Admission OR Inspection and Parole

Consult a qualified U.S. immigration attorney to discuss any potential Parole in Place benefits that may apply to you. This is NOT new law. Currently, it is a proposed program by Executive Action, which will not go into effect until it is published as a final rule in the Federal Register.

Beware of “notarios” and other consultants who make false promises to get you to pay them fees. If you rely on bad advice, you could put yourself in a worse position to legalize your U.S. immigration status and might further end up in removal (deportation) proceedings.

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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.

Website: www.dyanwilliamslaw.com
Email: [email protected]

Subscribe to The Legal Immigrant e-newsletter at: 
https://bit.ly/33JyL4b

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.

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 Introduction
1:01 Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex's U.S. immigration records
2:22 Possible visa options for Prince Harry, Duke of Sussex
4:40 Tip #1 - Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense
4:56 Definition of a "conviction" for a drug offense under U.S. immigration law
6:09 Definition of an "admission" to a drug offense under U.S. immigration law
8:47 Definition of a "controlled substance" under U.S. federal law
11:18 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 addict
14:37 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 addict
14:50 Factors considered in 212(d)(3) nonimmigrant waiver requests
15:27 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 less
16:03 Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests
16:48 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: [email protected]

Subscribe to The Legal Immigrant e-newsletter at: 
https://bit.ly/33JyL4b

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.

In episode 13 of The Legal Immigrant, you will learn:

1) The U.S. immigration problem when you have a permanent bar under INA 212(a)(6)(C)(i), i.e., fraud or willful misrepresentation of material fact to obtain a U.S. immigration benefit. 

2) The two main solutions to receive an Immigrant Visa or green card (permanent residence) when you have a section 212(a)(6)(C)(i) inadmissibility bar:

a) A motion to reconsider requires you to have a factual basis, legal ground, and procedural means to get the bar removed.

b) Form I-601 waiver application under INA 212(i) requires you to have a "qualifying relative" who will face "extreme hardship" if you do not immigrate to the United States. 

• A qualifying relative is the U.S. citizen or permanent resident spouse or parent of the applicant. 
• Extreme hardship must result to the qualifying relative if that person stays in the U.S. without the applicant or relocates to another country to be with the applicant. 

3) The type of documentary evidence and legal argument that are required to receive an I-601 waiver.  This includes medical records on any chronic medical conditions the U.S. citizen spouse (or other qualifying relative) suffers, and reports on lack of medical resources in the visa  applicant's home country. 

4) The outcome of a true success story, which included more obstacles and long delays after the I-601 was approved. Due to the U.S. Consulate's 221(g) administrative processing and a 212(f) Presidential Proclamation suspending entries from certain countries, it took almost three more years for the applicant to get the Immigrant Visa.

The couple remained committed to one another despite their separate residences and long-distance relationship. Our client finally became a permanent resident after she was initially refused the visa under INA 212(a)(6)(C)(i).

This is a true success story at Dyan Williams Law.

Read the transcript.
Watch the YouTube video. 

The Legal Immigrant provides general information only from Dyan Williams Law. Do not consider it as legal advice. Each case is different. Even cases that seem similar can have different outcomes. 

Have you been charged with fraud or misrepresentation? If you’re applying for an immigrant visa or permanent residence and have this lifetime bar, you need an I-601 waiver. Otherwise, if the bar was made in error, you might be able to get it removed through a motion to reconsider.

To receive advice on fraud or misrepresentation issues, you may submit an email to [email protected] or online message at www.dyanwilliamslaw.com.

The 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. 

COVID-19 has been added as a Class A medical condition that bars a person from the United States.  Class A inadmissibility includes a communicable disease of public health significance per regulations under the Department of Health and Human Services; and a failure to present documentation of having received vaccinations against vaccine-preventable diseases. 

As of October 1st, the COVID-19 vaccine will be among the vaccines required for applicants to obtain lawful permanent residence, either through the I-485 green card application with USCIS or through an Immigrant Visa application at the U.S. Embassy.

Section 212(a)(1)(A)(ii) of the Immigration and Nationality Act states applicants for permanent residence must present proof that they are vaccinated against vaccine-preventable diseases, which include mumps, measles, rubella, polio, tetanus and influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.

In episode 12 of The Legal Immigrant, you will learn:

1) The ACIP has now recommended COVID-19 vaccination for the age-appropriate, general US population. The CDC says this means the COVID-19 vaccination is now required to immigrate to the U.S.

2) The CDC does not recognize natural immunity. Its instructions state, “Laboratory tests for COVID-19 immunity must not be used for the civil surgeon exam. The applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection.” 

3) What is an acceptable COVID-19 vaccination and proof of vaccination

4) What is the COVID-19 vaccination requirement

5) What are the exemptions to the vaccination requirement: blanket waiver and individual waiver

6) If an applicant refuses one or more doses of a COVID-19 vaccine series and is not eligible for a waiver of this requirement, the civil surgeon will document the vaccine requirements as incomplete.  On health-related grounds, the applicant will be deemed inadmissible for a Class A condition and will be found ineligible for permanent residence. 

7) As of August 12, 2021, USCIS temporarily extended the validity period for Form I-693 from two years to now four years. For decisions on Form I-485 green card applications issued on or before September 30th, 2021, USCIS may accept an otherwise valid Form I-693 if:

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed the I-485; and
• No more than four years have passed since the date of the civil surgeon’s signature

8) If you have weighed the risks and benefits, and do not want to take the COVID-19 vaccine for U.S. immigration purposes, you will have to get a completed medical exam report before October 1st. Then you must file your I-485 application within 60 days. 

9) Starting October 1, all green card applicants will have to take the vaccine unless they qualify for a waiver or exemption.

This is general information only and is not legal advice. To request a consultation, you may submit an email to [email protected] or online message at www.dyanwilliamslaw.com. 

Resources cited:

• Delta Variant Is 'More Transmissible Than Ebola', And Vaccinated People May Also Be Highly Contagious - Health Policy Watch, July 30, 2021
• CDC Requirements for Immigration Medical Examinations: COVID-10 Technical Instructions for Civil Surgeons, August 17, 2021
• I-693, Report of Medical Examination and Vaccination Record - uscis.gov as of September 1, 2021 

Dyan Williams, Esq.
[email protected]
www.dyanwilliamslaw.com