Description
Immigration Law Writing Assignment
Please prepare a waiver application legal brief based on the following facts:
• Gisele Gleason (“Gisele”) married Marco Gleason (“Marco”) in 2008 when they were both 23.
• Gisele and Marco have three children together: Lacey (9), Tony (7) and Lizzie (4).
• Lacey has learning disabilities which require her to attend a special school which is offered as part of the public school system.
• Tony is already a very promising soccer player and is in the top 10 in the state for his age.
• Lizzie has mild asthma.
• The family lives together in Burlington, Vermont.
• Gisele is a US citizen, as are the children.
• Marco is originally from Quebec City, Canada and is a Canadian citizen.
• Marco’s parents and two brothers still live in the Quebec City area.
• When Marco was 10 years old, his parents sent him to live with his aunt in Vermont as his dad was experiencing some severe health problems that have since gone away. He travelled in as a visitor.
• Marco loved his school and life in Vermont so much, he convinced his parents to let him stay until he graduated high school.
• After high school, Marco obtained a vocational machine operator certificate and has worked in the industry for the last 15 years. He is now in a managerial role at a manufacturing warehouse and is the sole income earner.
• Gisele is a stay at home mom, did not go to college or vocational school, and hasn’t worked since their first child was born.
• Marco hasn’t been back to Canada since he was 17 as his family in Quebec City always comes to visit him in Vermont.
• In 2010, Marco was convicted for possession of 5 grams of marijuana. Marco says the marijuana helps him deal with is sleep problems but he doesn’t’ have a medical card or anything like that. That was his only encounter with police.
• Marco is involved in his community by coaching his son’s soccer team and mentoring youth through the Boys and Girls Club.
• Marco is undocumented and now wishes to become a US lawful permanent resident based on his marriage to Gisele.
The brief should be three (3) to five (5) pages single spaced. Please identify the grounds of inadmissibility, explain how the applicant qualifies to submit a waiver application, what form the applicant should submit and argue why the immigration agency should exercise its discretion in granting the waiver application based on the circumstances.
Explanation & Answer
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Waiver Application Legal Brief
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Waiver Application Legal Brief
Grounds of Inadmissibility
Inadmissible are prohibited from entering or remaining in the United States by law.
Inadmissibility is defined in the Immigration and Nationality Act. This includes “health, criminal
activity, national security, public charge, the absence of labor certification (if necessary), fraud
and deception, past removals, unauthorized presence in the United States, and many more.” If a
person is inadmissible for a certain reason, they may be able to get a waiver. A specific exemption
to an otherwise inapplicable rule may be spelled out in statute, in which case a waiver is not
necessary to gain entry. An example of an exception is given to foreign nationals who have been
assaulted, mistreated, or exposed to great brutality, as well as those who are children and have
been victims of grave trafficking (Barofsky et al., 2020). A person may be deemed inadmissible
for various reasons, including “health, criminal history, national security, public charge ability,
lack of work authorization, fraud or misrepresentation, prior expulsions or unlawful presence, and
others.”
A temporary waiver of illegal presence may be available to those in the United States with
an accepted petition for immediate family members who fear they would be ineligible for reentry
for three or ten years if they leave the country with More than one hundred eighty days they were
spent in the country illegally. The temporary waiver of illegal presence is only available to those
who are the direct relatives of United States citizens and who are currently present in the nation
but plan to apply for an immigrant visa at an American embassy or consulate located outside the
country. Citizens of the United States are considered to have intimate relationships with their
wives, children, and parents. Before a person may leave the United States and attend an interview
for an immigrant visa, a waiver must first be granted by a consular official working for the
Department of State. This must happen before the person leaves the country. The waiver is not
applicable to the ground of inadmissibility that is illegal presence. Even if a waiver may still be
requested, submitting a Form I-601 application for a waiver of inadmissibility grounds does not
qualify multiple reasons for inadmissibility for a temporary ...
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