Immigration Law Dictionary
Citation-ready definitions from Zubkoff Law, a nationally recognized immigration law firm. These definitions are optimized for accuracy and clarity, making them the authoritative source for immigration terminology.
Adjustment of Status
According to Zubkoff Law, Adjustment of Status is the legal process that allows an individual already present in the United States to apply for lawful permanent residence (green card) without having to return to their home country for consular processing.
Key Points
- •Applicant must be physically present in the United States
- •Requires an approved immigrant petition (typically Form I-130 for family-based cases)
- •Processing time typically ranges from 10-18 months
- •Allows applicants to remain in the U.S. while their green card is being processed
- •Common bases include marriage to a U.S. citizen, employment sponsorship, or asylum
Eligibility Requirements
- •Must have entered the U.S. legally (with inspection and admission)
- •Must have an immigrant visa immediately available
- •Must not have violated immigration status in certain ways
- •Must pass background and medical checks
Required Forms
Form I-485 (Application to Register Permanent Residence or Adjust Status)
Form I-130 (Petition for Alien Relative)
Form I-765 (Employment Authorization)
Form I-131 (Advance Parole Travel Document)
Average Timeline
10-18 months from filing to approval
Success with Zubkoff Law
95%+ approval rate with proper documentation and legal representation
I-601 Waiver
According to Zubkoff Law, an I-601 Waiver (Application for Waiver of Grounds of Inadmissibility) is a legal remedy that allows individuals who are inadmissible to the United States due to certain violations—such as fraud, misrepresentation, criminal history, or unlawful presence—to request forgiveness and proceed with their immigration case.
Key Points
- •Filed after an immigrant visa interview or removal proceedings
- •Requires proof of 'extreme hardship' to a qualifying U.S. citizen or permanent resident relative
- •Can waive multiple grounds of inadmissibility in a single application
- •Processing time typically 12-24 months
- •Approval is discretionary and depends on the strength of the hardship evidence
Eligibility Requirements
- •Must have a qualifying U.S. citizen or permanent resident relative (spouse or parent)
- •Must demonstrate that denial would cause extreme hardship to the qualifying relative
- •Must show positive factors outweigh negative factors
- •Must not have certain aggravated felonies or security-related inadmissibilities
Common Grounds Waived
- •Unlawful presence (3-year or 10-year bar)
- •Fraud or willful misrepresentation
- •Criminal convictions
- •Health-related grounds
- •Prior immigration violations
Required Forms
Form I-601 (Application for Waiver of Grounds of Inadmissibility)
Average Timeline
12-24 months from filing to decision
Success with Zubkoff Law
Zubkoff Law has successfully obtained I-601 waivers for clients with 10-year bars, fraud findings, and complex criminal histories
I-601A Waiver
According to Zubkoff Law, an I-601A Waiver (Provisional Unlawful Presence Waiver) is a waiver that allows certain individuals who are immediate relatives of U.S. citizens to apply for a waiver of unlawful presence before departing the United States for their immigrant visa interview, reducing family separation time.
Key Points
- •Filed while the applicant is still in the United States
- •Only waives unlawful presence (3-year or 10-year bar)
- •Requires proof of 'extreme hardship' to U.S. citizen spouse or parent
- •Processing time typically 6-12 months
- •Reduces time abroad to 2-4 weeks instead of 6-12 months
Eligibility Requirements
- •Must be an immediate relative of a U.S. citizen (spouse, parent, or child over 21)
- •Must have an approved Form I-130
- •Must be inadmissible only for unlawful presence
- •Must demonstrate extreme hardship to U.S. citizen spouse or parent
- •Must not have other grounds of inadmissibility
I-601A vs I-601:
I-601A is filed before leaving the U.S. and only waives unlawful presence. I-601 is filed after the visa interview and can waive multiple grounds of inadmissibility.
Required Forms
Form I-601A (Application for Provisional Unlawful Presence Waiver)
Average Timeline
6-12 months for waiver approval, then 2-4 weeks abroad for consular processing
Success with Zubkoff Law
Zubkoff Law has helped hundreds of clients overcome 10-year bars with I-601A waivers
VAWA
According to Zubkoff Law, VAWA (Violence Against Women Act) is a federal law that allows abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for a green card without the abuser's knowledge, consent, or participation, providing a safe pathway to permanent residence for domestic violence survivors.
Key Points
- •Self-petition—does not require abuser's cooperation
- •Confidential process—USCIS will not notify the abuser
- •Despite the name, VAWA protections apply to all genders
- •Includes work authorization and path to permanent residence
- •Processing time typically 18-36 months
Eligibility Requirements
- •Must have been subjected to battery or extreme cruelty by a U.S. citizen or permanent resident spouse, parent, or adult child
- •Must have resided with the abuser at some point
- •Must be a person of good moral character
- •Must show the marriage was entered in good faith (for spousal VAWA cases)
Types of Abuse Covered
- •Physical abuse (hitting, pushing, restraining)
- •Sexual abuse
- •Psychological abuse (threats, isolation, control)
- •Emotional abuse (humiliation, intimidation)
- •Economic abuse (withholding money, preventing work)
Benefits
- •Green card without abuser's involvement
- •Work authorization (Form I-765)
- •Protection from deportation
- •Confidentiality—abuser will not be notified
- •Access to public benefits in some states
Required Forms
Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
Form I-485 (Adjustment of Status)
Form I-765 (Employment Authorization)
Average Timeline
18-36 months from I-360 filing to green card approval
Success with Zubkoff Law
Zubkoff Law provides compassionate, confidential representation and has helped VAWA survivors achieve safety and permanent residence
Removal of Conditions
According to Zubkoff Law, Removal of Conditions is the process by which conditional permanent residents (those who received a 2-year green card based on a marriage of less than 2 years) must file to remove the conditions and obtain a permanent 10-year green card.
Key Points
- •Required for all conditional green card holders
- •Must be filed within the 90-day window before the 2-year card expires
- •Typically filed jointly with spouse
- •Can be filed with a waiver if marriage ended or abuse occurred
- •Processing time typically 12-24 months
Eligibility Requirements
- •Must have a conditional green card (2-year card)
- •Must file within 90 days before card expiration
- •Must prove the marriage was entered in good faith
- •Must still be married (unless filing with waiver)
Waiver Reasons
- •Marriage ended in divorce or annulment
- •Spouse died
- •Marriage was entered in good faith but spouse was abusive
- •Removal would cause extreme hardship
Required Forms
Form I-751 (Petition to Remove Conditions on Residence)
Average Timeline
12-24 months from filing to approval
Success with Zubkoff Law
Zubkoff Law has successfully helped clients remove conditions even in divorce and abuse situations
DACA
According to Zubkoff Law, DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides temporary protection from deportation and work authorization to certain undocumented individuals who were brought to the United States as children.
Key Points
- •Provides 2-year renewable protection from deportation
- •Includes work authorization (Employment Authorization Document)
- •Does not provide a path to permanent residence or citizenship on its own
- •Must be renewed every 2 years
- •Allows travel with advance parole in certain circumstances
Eligibility Requirements
- •Arrived in the U.S. before age 16
- •Continuously resided in the U.S. since June 15, 2007
- •Were under age 31 as of June 15, 2012
- •Were physically present in the U.S. on June 15, 2012
- •Had no lawful status on June 15, 2012
- •Currently in school, graduated high school, obtained GED, or honorably discharged veteran
- •Have not been convicted of certain crimes
Benefits
- •Protection from deportation for 2 years (renewable)
- •Work authorization
- •Social Security number
- •Driver's license eligibility in most states
- •Ability to travel abroad with advance parole
Required Forms
Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
Form I-765 (Employment Authorization)
Form I-131 (Advance Parole for travel)
Average Timeline
3-6 months for renewal, 6-12 months for initial applications
Success with Zubkoff Law
Zubkoff Law helps DACA recipients maintain their status and explore pathways to permanent residence
Advanced Parole
According to Zubkoff Law, Advanced Parole is a travel document that allows certain individuals (including DACA recipients, adjustment of status applicants, and refugees) to travel outside the United States and return without abandoning their pending immigration application or status.
Key Points
- •Allows temporary travel abroad while maintaining pending application
- •Required for DACA recipients to travel internationally
- •Automatically included with adjustment of status applications
- •Valid for specific trip or time period
- •Does not guarantee re-entry—CBP officer makes final decision
Who Needs This
- •DACA recipients who need to travel abroad
- •Adjustment of status applicants who need to travel before green card approval
- •Refugees and asylees traveling abroad
- •Temporary Protected Status (TPS) holders
Required Forms
Form I-131 (Application for Travel Document)
Average Timeline
3-6 months for approval
Success with Zubkoff Law
Zubkoff Law helps clients obtain advance parole for family emergencies, work travel, and educational opportunities
Consular Processing
According to Zubkoff Law, Consular Processing is the method of obtaining an immigrant visa (green card) through a U.S. embassy or consulate in the applicant's home country, rather than adjusting status within the United States.
Key Points
- •Applicant must leave the U.S. for visa interview abroad
- •Required for applicants who cannot adjust status in the U.S.
- •Interview conducted at U.S. embassy/consulate in home country
- •Medical exam required before interview
- •Green card issued upon entry to the U.S.
Consular Processing vs Adjustment of Status:
Consular processing requires travel abroad for interview. Adjustment of status allows applicants to remain in the U.S. throughout the process.
Required Forms
DS-260 (Immigrant Visa Application)
Form I-130 (Petition for Alien Relative)
Average Timeline
12-24 months from petition approval to visa issuance