When a 77-year-old Eritrean woman walked into our office, she had already been denied twice for a medical exemption from the naturalization English and civics requirements. With tears in her eyes, she told us we were her last hope. Today, I’m proud to share how we turned what seemed like an insurmountable challenge into a successful outcome.

The Uphill Battle

Our client’s journey to U.S. citizenship had been marked by heartbreak and frustration. Despite her deep love for America and her commitment to becoming a citizen, she faced significant barriers that were beyond her control. At 77 years old, she was battling major depression, PTSD, and severe cognitive limitations that made learning English virtually impossible.

Two previous attempts at securing a medical exemption had failed, leaving her feeling defeated and hopeless. The stakes couldn’t have been higher – the Des Moines field office approves medical exemptions at only a single-digit percentage rate, making success extremely rare. During one particularly difficult USCIS interview, she fell to her knees and pleaded with the officer to approve her application, explaining through tears that she couldn’t understand anything being said to her. The image of this elderly woman, desperate for the citizenship she had worked so hard to achieve, was both heartbreaking and motivating.

Understanding the Medical Reality

The medical evidence was compelling from the start. Two separate doctors had diagnosed our client with severe memory impairment and cognitive limitations. Tragically, the first doctor who had treated her had passed away, and the second physician was genuinely puzzled about why her documented medical conditions hadn’t warranted an exemption.

Our client suffered from a combination of major depression, PTSD, and other cognitive limiting conditions that created a perfect storm of barriers to language acquisition. Despite her earnest attempts to learn English, her mental health conditions made it impossible for her to retain new information or develop the language skills required for the naturalization exam.

Understanding the Legal Framework: Form N-648

Before diving into the strategy, it’s crucial to understand the legal framework governing medical exemptions. Form N-648, Medical Certification for Disability Exceptions, is the vehicle through which applicants can request exemptions from the English and civics requirements for naturalization.

Under 8 CFR 312.2(c)(1), an applicant may be exempt from the English requirements if they have a medically determinable physical or mental impairment that renders them unable to demonstrate English proficiency. Similarly, 8 CFR 312.3(c)(1) provides exemptions from the civics requirements under the same conditions.

The regulations specify that the disability must be of sufficient severity that it impairs the applicant’s cognitive or communicative functioning to the extent that they cannot demonstrate the required knowledge and skills. Critically, the impairment must be expected to last 12 months or longer.

Form N-648 must be completed by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist. The form requires detailed information about:

• The specific medical condition(s)
• How the condition affects the applicant’s ability to demonstrate English proficiency
• How the condition affects the applicant’s ability to demonstrate civics knowledge
• The expected duration of the impairment

The Missing Link: Establishing Nexus

While the medical documentation was strong, we quickly identified the fatal flaw in the previous applications: the lack of nexus. USCIS requires more than just a medical diagnosis – there must be a clear, documented connection between the medical condition and the specific inability to meet the English and civics requirements.

The previous applications had failed because the medical evidence didn’t explicitly connect her diagnosed conditions to her inability to:

• Read English
• Speak English
• Answer questions on the civics exam

This missing nexus was the key to understanding why two strong medical cases had been denied. Without this crucial connection, even the most severe medical conditions might not qualify for an exemption.

Building the Bridge

Our strategy focused on securing comprehensive medical documentation that would establish the clear nexus USCIS required. We worked closely with her treating physician to obtain a detailed letter that didn’t just list her diagnoses, but specifically explained how her major depression, PTSD, and cognitive limitations directly impaired her ability to learn and retain English language skills.

However, we knew that given the Des Moines field office’s extremely low approval rate, we needed to go beyond the standard medical documentation. We arranged for a licensed clinical psychologist to conduct comprehensive psychological testing, setting a higher standard for ourselves to overcome the statistical odds against approval.

The psychologist performed a complete battery of cognitive assessments and was required to explain each test administered, including:

• The specific purpose of each psychological instrument
• Why each particular test was selected for this case
• How the results compared to normal population ranges
• The clinical significance of any deviations from normal ranges

Recognizing that some cognitive testing was conducted in the client’s native language rather than English, we addressed this head-on by requiring the psychologist to provide a detailed explanation of how administering IQ tests in a foreign language remained a viable and valid diagnostic approach. The psychologist had to demonstrate that:

• The cognitive impairments identified were not language-dependent
• The tests measured underlying cognitive abilities that transcend language barriers
• The results would be consistent regardless of the language of administration
• The testing methodology was scientifically sound and clinically appropriate

In addition to the comprehensive medical documentation, we conducted multiple preparation sessions with both our client and the interpreter to ensure they were ready for the interview. These preparation sessions were crucial given the client’s anxiety and previous traumatic experiences with USCIS interviews. We walked through potential questions, explained the process, and helped build confidence for what we hoped would be her final interview.

This comprehensive approach ensured that every aspect of the psychological evaluation could withstand scrutiny and provided unassailable evidence of the nexus between her diagnosed conditions and her inability to learn English or demonstrate civics knowledge.

The medical professional needed to articulate how her conditions created specific barriers to:

• Processing and retaining new language information
• Maintaining focus during English instruction
• Recalling learned material during testing situations
• Managing the anxiety and stress that further impaired her cognitive function

Community Support and Advocacy

Throughout this process, our client wasn’t alone. An interpreter who also served as head of her church where she was an active member provided crucial support and advocacy. The strength of her community ties demonstrated her deep connections to American society, even while she struggled with the language requirements.

This community support highlighted an important aspect of her case – her inability to learn English wasn’t due to lack of effort or commitment to American values, but rather due to legitimate medical barriers that were beyond her control.

The Successful Outcome

With properly documented medical evidence establishing the clear nexus between her conditions and her language learning limitations, we were able to present a compelling case to USCIS. The comprehensive medical documentation finally provided the missing link that had doomed her previous applications.

Attorney Himani attended the interview telephonically, fully prepared to explain the medical evidence and further support how the nexus had been established. However, her preparation proved so thorough that additional explanation wasn’t necessary. The immigration officer reviewed the comprehensive documentation and stated that it was “undeniable” that the applicant suffered from a medical disability preventing her from learning the English language and passing the civics exam.

When approval finally came, it was a moment of pure joy – not just for our client, but for everyone who had supported her throughout this difficult journey. Achieving success where the Des Moines field office typically approves only a single-digit percentage of medical exemption cases made this victory even more meaningful. After years of struggle and two previous denials, she would finally be able to pursue her dream of American citizenship.

What This Means for You

This case reinforces several important truths about medical exemption cases:

Illiteracy alone is not enough. Many applicants mistakenly believe that simply being unable to read or write will qualify them for a medical exemption. This is the wrong strategy. Illiteracy by itself is not a medical condition and will not result in approval unless you can prove that your illiteracy is directly caused by an underlying medical condition such as a learning disability, cognitive impairment, or other diagnosed medical issue.

Know the challenges ahead. Understanding that the Des Moines field office approves medical exemptions at only a single-digit percentage rate helps set realistic expectations about the difficulty of these cases.

Proper medical documentation is everything. Medical diagnoses alone are insufficient – you need medical professionals who understand the specific legal requirements and can clearly connect your medical conditions to your inability to learn English or pass the civics test.

The connection must be crystal clear. Immigration officials require detailed explanations of how your medical conditions directly prevent you from meeting the English and civics requirements. This isn’t about medical preferences – it’s about legal standards that must be met.

Comprehensive testing may be necessary. In challenging cases, detailed psychological testing with thorough explanations of each assessment and how results compare to normal ranges can provide the strong evidence needed for approval.

Duration matters. Your medical impairment must be expected to last 12 months or longer. Temporary conditions, no matter how severe, typically won’t qualify for exemptions.

Don’t give up after a denial. Sometimes the difference between denial and approval is simply better documentation and legal strategy that properly addresses all requirements.

Community support helps. Having religious leaders, community members, and others who can speak to your character and commitment to America can provide valuable context for your case.

Moving Forward

Our client’s story is a reminder that behind every immigration case is a human being with dreams, struggles, and an unwavering desire to call America home. While the legal requirements may seem technical and impersonal, the impact on individual lives is profound.

If you’re facing similar challenges with medical exemption cases, remember that these cases require meticulous attention to detail and comprehensive medical documentation. The connection between your medical condition and your inability to learn English or pass the civics test isn’t just a bureaucratic hurdle – it’s the bridge that connects your medical reality to the legal relief you need.

Sometimes justice takes time, but it’s worth the fight.

Have You Been Denied? Don’t Give Up.

If you’ve been denied a medical exemption for the naturalization requirements, or if you’re struggling with medical conditions that make it impossible to learn English or pass the civics test, you’re not alone. Our 77-year-old client had been denied twice before we took her case, and many people told her it was hopeless.

Medical exemption cases are some of the most challenging in immigration law, but they’re not impossible. Success requires:

• Working with medical professionals who understand the specific legal requirements
• Comprehensive documentation that clearly connects your medical conditions to your inability to meet the English and civics requirements
• Strategic legal advocacy that addresses every aspect of your case
• Patience and persistence when facing difficult odds

We specialize in these complex cases and work closely with psychologists, physicians, and other medical professionals to build the strongest possible applications. We understand that behind every Form N-648 is a person whose future depends on getting the details right.

Whether you’ve been denied before, have been told your case is too difficult, or are facing medical conditions that make traditional naturalization requirements impossible, we want to help. We don’t shy away from challenging cases – we embrace them.

Your American dream doesn’t have to end with a denial. Contact us today to discuss how we can help you navigate the medical exemption process and fight for the citizenship you deserve.

Understanding the I-751 Petition While Separated or Divorcing

For many immigrants, obtaining a conditional green card through marriage is the first step toward permanent residency. But what happens when the marriage breaks down before the conditions on your green card are removed? If you’re navigating a separation, a divorce in progress, or a finalized divorce, it’s essential to understand how to approach Form I-751, Petition to Remove Conditions on Residence, to maintain your lawful status in the United States.

USCIS requires conditional residents to file Form I-751 within the 90-day window before their green card expires. Normally, this form is filed jointly with your U.S. citizen or lawful permanent resident spouse. However, if your relationship is ending, you still have options through careful timing and the right legal strategy.

Still Married but Separated: Can You File I-751?

If you are still legally married but separated, you can file a joint I-751 petition, as long as your spouse is willing to cooperate. USCIS recognizes that physical separation does not necessarily mean a marriage was fraudulent or not entered into in good faith. In such cases, you should explain the circumstances of your separation in detail, including your intent at the time of marriage. Supporting your filing with legal references such as Matter of Mendes and the April 3, 2009 Neufeld Memorandum can strengthen your case by showing that the marriage was bona fide despite current difficulties.

USCIS officers are trained to evaluate the intentions behind the marriage at the time it was entered into, rather than simply relying on whether the couple is still living together. It is not uncommon for couples to file a joint I-751 while living apart, especially in cases involving temporary separation or irreconcilable differences that arose after years of shared life.

Divorce Filed but Not Finalized: Can You Still File I-751?

What if you’ve already filed for divorce, but the court has not finalized it yet? USCIS policy currently allows individuals in this situation to file an I-751 with a waiver request, based on the good faith nature of the marriage that has ended or is ending. You do not have to wait until the divorce is finalized. You may proceed with filing during the standard 90-day window before your green card expires. Simply request the waiver based on termination of marriage and explain that the divorce is still in progress.

However, timing is critical. After you file, USCIS typically issues a Request for Evidence (RFE) asking for a copy of the final divorce decree. In most cases, you will be given 87 days to respond. If your divorce is finalized within that time frame and you submit the decree, your petition can continue without issue. But if you are unable to complete the divorce and provide proof within that window, your I-751 petition will likely be denied. You would then need to file a brand new I-751 petition, pay the filing fee again, and potentially face complications with your lawful status in the meantime.

In tight situations, consider submitting court documents that show progress in the divorce proceedings and a cover letter explaining the anticipated timeline. While USCIS prefers finalized documents, officers may consider ongoing efforts if clearly documented and timely.

Divorce Finalized After Filing Joint I-751: What Happens Now?

Another common scenario is where a jointly filed I-751 is already pending, but the couple divorces before the petition is adjudicated. In this case, you do not need to refile your petition. USCIS permits petitioners to convert a joint I-751 into a waiver-based filing, saving both time and money.

To do this, submit a written request to USCIS asking to convert the petition to one based on the termination of marriage. Include a copy of the final divorce decree and reference the April 2009 Neufeld Memorandum, which specifically supports this type of conversion. As long as you provide the required documentation, USCIS will continue processing the original petition without requiring a new filing fee.

This conversion preserves your original filing date and protects your continuity of status, both critical factors if you later intend to file for naturalization.

Understanding the Good Faith Marriage Waiver

The good faith marriage waiver is one of the most important legal protections for immigrants whose marriages have ended. It is available to individuals who entered into a bona fide marriage that was later terminated through divorce or annulment. To qualify, you must demonstrate that your marriage was genuine at its inception, even if it eventually broke down.

Strong documentary evidence is key. This can include joint tax returns, lease agreements, photos from the relationship, correspondence, and affidavits from friends or family members. USCIS understands that not all marriages last but what matters most is that your intentions were honest and in good faith when the relationship began.

The Importance of the Neufeld Memorandum

The April 3, 2009 Neufeld Memorandum remains a vital source of guidance for USCIS adjudicators and immigration attorneys alike. It clarifies that individuals may file an I-751 waiver even if their divorce is still pending, and that a joint petition can be converted to a waiver-based filing if the marriage ends while the petition is pending. This memo is especially useful when responding to RFEs or submitting waiver requests, and attaching it can help demonstrate that your petition complies with current USCIS policy.

Final Thoughts: Divorce Doesn’t Have to Derail Your Green Card

Going through a divorce is difficult enough without the added stress of an expiring conditional green card. Fortunately, USCIS provides several pathways to remove the conditions on your residence, even if your marriage ends. Whether you are separated, going through a divorce, or already divorced, the law recognizes your right to remain in the U.S. as long as your marriage was entered into in good faith.
If you are facing any of these circumstances, it is critical to act promptly, maintain strong documentation, and be strategic in your filings. Delays or incomplete submissions can lead to denials and unnecessary legal hurdles.

At HBM Law Offices, we routinely help individuals file I-751 divorce waivers, convert joint petitions, and respond to RFEs with the right evidence and legal support. If you are unsure about your options, we invite you to schedule a consultation so we can guide you through the next steps with confidence and clarity. 

HBM Law Offices, LLC is proud to mark Mental Health Awareness Month by reaffirming a core value that guides everything we do – our commitment to mental wellness. Our legal team understands that clarity of mind and emotional resilience are essential not only to our own well-being but also to achieving the best possible outcomes for our clients.

Sharper Focus, Better Outcomes

A rested and focused attorney is better equipped to analyze complex legal issues, anticipate potential challenges, and craft innovative strategies. At HBM Law, wellness isn’t an afterthought – it’s a foundational practice that helps our attorneys stay sharp, present, and ready to advocate effectively.

Resilience Under Pressure

Legal cases often bring significant stress – not just for our clients, but for our team as well. That’s why mindfulness, stress management, and wellness routines are integral parts of our firm’s culture. These tools help us maintain calm and steadiness, even in the most challenging moments, so our clients can feel confident and supported throughout their legal journey.

Introducing Neuroscience-Backed Tools for High Performance

To deepen our commitment, our Principal Attorney, Himani Bhardwaj, introduces three neuroscience-backed techniques designed specifically to enhance focus and prevent burnout among high-performing professionals. These tools, in her own words, align with our mission to provide not only expert legal counsel but also compassionate, sustainable support for everyone who walks through our doors. 

As immigration attorneys, we carry an immense emotional and cognitive load: constantly juggling deadlines, navigating evolving policies, and advocating for vulnerable families. Amid this, stress can become an invisible but constant companion. I have found that the antidote isn’t to push harder, but to pause intentionally.

Three practices have anchored me through the most high-pressure moments of legal practice: box breathing, Dr. Andrew Weil’s 8-7-4 breath method, and my personal favorite, Yoga Nidra. Each technique is simple, free, and profoundly effective at calming the nervous system so we can show up fully present for our clients, teams, and families.

I was first introduced to breathing and meditation not in a workshop or yoga studio, but at home, watching my mother. She has practiced morning yoga and quiet meditation every single day for over 40 years. As a child, I didn’t fully understand the power of those rituals, but over time, I began to see how her calm presence and deep resilience were shaped by that daily commitment to breath and stillness.

Now, as an immigration attorney navigating complex, emotionally charged cases, I have come to deeply appreciate the practices she modeled. Breathwork and meditation aren’t just wellness trends (despite what social media makes you believe). They are ancient, time-tested strategies that help us show up with focus, patience, and strength, especially in high-intensity roles like ours.

Below are general overviews of the three practices. I invite you to explore, commit, and reap the compounding positive impact these practices will have in your daily work, work product, and beyond!

Box Breathing: Calm in Four Counts

Also known as the 4-4-4-4 breath, box breathing is used by Navy SEALs, elite athletes, and mental health professionals to stabilize the body and mind. You inhale for four counts, hold for four, exhale for four, and hold again for four. The rhythm anchors you in the present and restores balance to your nervous system.

• Use it before a difficult call, while waiting for a decision, or to reset between tasks.
• Takes only 2–5 minutes to complete.
• Slows you down so you can think clearly and act effectively.

Watch: Box Breathing Exercise (3 mins)

4-7-8 Breathing: Shift Your State in Just a Few Cycles

Dr. Andrew Weil’s signature technique—inhale for 4, hold for 7, and exhale for 8— helps activate the parasympathetic nervous system, your body’s natural calming response. It’s one of the fastest ways to calm an anxious mind or prepare for rest.

• Use it before sleep, when overwhelmed, or after emotional news.
• Just 4 cycles (2 minutes) is often enough to shift your state.
• Longer exhales reset your system, improve oxygen flow, and sharpen focus.

Watch: Dr. Andrew Weil Demonstrates 4-7-8 Breathing

Yoga Nidra: Reset & Reclaim Lost Sleep

Yoga Nidra, or “yogic sleep,” is a guided practice that brings you into deep physical rest while your mind remains gently alert. A 20-minute session feels like hours of restoration. It has become my personal favorite tool for nervous system replenishment and mental clarity.

Personally, I lie down on my yoga mat (which is laid out in my home office) after lunch and before my school-going children come home. It has helped me tremendously to replenish my energy, gain clarity, and show up for my family rested and present. I naturally awaken seconds before the end of the yoga nidra session and feel like I regained an entire day’s worth of energy.

Neuroscientist Dr. Andrew Huberman has helped bring this type of “Non-Sleep Deep Rest” technique (also known as Yoga Nidra, an ancient practice rooted in traditional yogic teachings).

• Use it after emotionally taxing cases, on weekends, or as a midweek reset
• Requires just 20–30 minutes, preferably daily or once/twice a week at least.
• Benefits include improved memory, emotional regulation, and reduced fatigue.

Watch: The Practice of Yoga Nidra to Improve Your Sleep and Stress by Dr. Andrew Huberman

My Most Used Yoga Nidra 30-min video by Ally Boorthroyd

Watch the 30 Minute Yoga Nidra Video For Deep Rest by Ally Boorthroyd

Yoga Nidra works because it brings the body into a hypnagogic state, which is a unique space between wakefulness and sleep (although I often fall asleep!). In this deeply relaxed yet conscious state, the sympathetic “fight-or-flight” system powers down while the parasympathetic “rest-and-repair” system takes over. This triggers a drop in cortisol levels, lowers blood pressure, and improves emotional regulation, all of which promote healing, clarity, and emotional resilience.

These breathing/resting techniques are especially impactful for people in high- intensity, high-accountability professions like doctors, nurses, ER staff, attorneys, pilots, firefighters, and first responders. In these roles, a split-second decision or a lapse in concentration can have life-altering consequences.

Practices like box breathing and Yoga Nidra help train the nervous system to remain steady under stress. They also enhance cognitive precision, situational awareness, and decision-making quality. These tools are not about relaxation alone: they are about performance sustainability. Moreover, they are easily accessible (especially if you work from home), free, and incredibly productive and restorative.
When the margin for error is small, mental clarity and emotional regulation become professional assets, which makes slowing down with intention a necessity and strategic in our fast paced, high-stakes, and challenging work.

Whether you choose a 3-minute breath or a 30-minute yoga nidra, these techniques will help train your mind and body to stay steady, focused, and resilient in our demanding profession. It might just change how you lead, serve, and live.

Wellness as a Foundation for Legal Excellence

Mental Health Awareness Month is a timely reminder that strong legal advocacy starts with strong mental health. At HBM Law, we continue to champion wellness as a vital part of our professional ethos – because when our team thrives, so do our clients.

Namaste, Himani Bhardwaj

The U.S. immigration process can be a complex and daunting journey, with the visa interview often being a crucial hurdle. This applies to all visa categories, whether you’re applying for a visa, a green card, or citizenship. The interview is an opportunity for the U.S. government to verify the information provided in your application and to assess your eligibility for a visa.

Thorough preparation for this interview is not just recommended – it’s essential. It can significantly influence the outcome of your application. By being well-prepared, you demonstrate a serious intent and respect for the process.

At HBM Law Offices, we take your immigration interview seriously because it all comes down to just 15 to 20 minutes with a Consular or USCIS Officer. That short interaction can decide your future, and preparation is everything.

That’s why mock interviews are a non-negotiable part of our process. Whether you’re in the U.S. or abroad, we conduct mock interviews through Video calls to ensure every client feels confident and prepared during the interview, allowing them to present their case clearly and effectively. These sessions happen after we’ve shared your custom interview packet and include tailored sample questions based on your unique case.

Here’s why we insist on this step:

1. Clear, Confident Storytelling

It’s one thing to know your story, and another to explain it under pressure. We help you walk through your journey clearly and logically so that your answers feel natural and truthful – not rehearsed or scattered.

2. Comfort With Tough Questions

Officers often ask personal, sensitive, or unexpected questions – especially if there are concerns about intent, prior denials, or marriage fraud. We’ll help you practice responding to challenging questions with calmness and honesty.

3. Catch Red Flags Early

Mock interviews allow us to identify gaps, inconsistencies, or weak points in your case before USCIS does. Together, we’ll work to clarify your timeline, bolster your narrative, and ensure you’re ready for anything.

4. Confidence = Success

For many clients, the interview is nerve-wracking. Practicing in a safe space helps you build confidence, reduce anxiety, and face the interview with clarity and focus.

5. Strategy Beyond Roleplay

We don’t just ask questions – we walk you through the interview format, review your documentation together, and simulate the setting so you’re mentally and emotionally ready.

At HBM Law Offices, we believe the interview should never be the first time you are telling your story out loud. A strong case on paper is only half the equation – how you speak to it matters just as much. We recognize the significance of this, and as such, have developed a comprehensive question bank that encompasses the most commonly asked questions at consular or USCIS interviews, categorized by visa type. This invaluable resource is shared with our clients to facilitate their preparation.

Our mock interviews are a powerful tool to ensure you walk into that interview room prepared, confident, and ready. This approach ensures that when you walk into that interview room, you have the added advantage of having already articulated your story and honed your responses. By familiarizing yourself with the types of questions that may be asked and practicing your answers beforehand, you can significantly enhance your chances of success.

Comprehensive Interview Preparation Services

Our firm offers a wide range of services designed to equip clients with the tools and confidence they need to succeed in their upcoming interviews. These services include:

• Tailored Interview Packet: We meticulously create an interview packet that aligns with the specific requirements and preferences of the embassy or consulate where the interview will take place in consular processing cases.
• Detailed Interview Guide: Clients receive a comprehensive interview guide that outlines key strategies, potential questions, and best practices for presenting themselves effectively.
• Customized Interview Questions: We develop a set of interview questions that are directly relevant to the client’s individual case, allowing them to anticipate and practice their responses.
• Personalized Interview Prep Session: Clients participate in a one-on-one interview preparation session with our experienced attorney, who provides expert feedback and guidance.
• Thorough Packet Review: Our attorney carefully reviews the client’s completed interview packet to ensure that it is accurate, complete, and well-organized.
• Flexible Location: We offer the convenience of virtual interview preparation sessions, accommodating clients’ schedules and locations.

Have an Interview Coming Up? Let’s Get You Ready.

Working with an immigration attorney can significantly improve your prospects of success during the immigration process. Our experienced attorney, Himani Bhardwaj, can guide you through the complexities and potential pitfalls of the interview, help you gather and organize the necessary documentation, and present your case in the most favorable light. Furthermore, we can also provide expert advice specifically tailored to your unique situation and address any potential issues that may arise during the interview process. Contact HBM Law Offices today to start your case with the preparation you deserve.

Disclaimer: Please note that mock interviews are not included as part of a consultation and are only available to clients of HBM Law Offices.

The AILA APAC 2025 Conference in Seoul: Legal Insights, Global Connections, and a Few Personal Surprises

HBM Law Offices, LLC was proud to be part of the 13th Annual Asia Pacific Chapter Conference hosted by the American Immigration Lawyers Association (AILA), held in Seoul, Korea from April 15–17, 2025. Our Principal Attorney, Himani Bhardwaj, had the honor of speaking on a panel that addressed one of the most nuanced areas of family-based immigration law.

A Powerful Panel on I-751 Waivers

I-751 Waiver of Conditional Residence and Other Waiver Grounds

During this impactful session, Attorney Bhardwaj joined a panel of leading immigration practitioners to discuss the legal and human dimensions of the I-751 waiver process. The conversation centered around key waiver options available to individuals who cannot jointly file to remove the conditions on their Green Card – including those based on divorce, extreme hardship, and good faith marriage exceptions.

Himani shared practical strategies and case insights drawn from her extensive experience working with immigrant families facing complex waiver challenges. Her focus on compassionate advocacy and clear legal guidance resonated with many attendees, especially in cases involving fraud allegations, abuse, and other sensitive issues that affect immigrant spouses. The conference brought together over 120 immigration attorneys from across the Asia-Pacific region and beyond, creating a dynamic space for legal updates, policy discussions, and professional networking. It was an inspiring reminder of the global nature of immigration law – and the critical role that dedicated legal counsel plays in supporting families through life-changing transitions all under one roof.

Attorney Bhardwaj was honored to speak on a panel alongside esteemed colleagues Ginny Hsiao and Shobhana K., where they delved into the evolving challenges and legal intricacies surrounding I-751 waiver cases. Together, they unpacked key issues impacting clients today, including:

• The risks and strategies around traveling while an I-751 waiver is pending
• Understanding Notices to Appear (NTAs) and how to navigate potential removal proceedings after waiver denials
• The critical role of mock interviews in preparing clients for USCIS scrutiny
• Why building a robust evidentiary record is more essential than ever
• And how immigration attorneys must adapt to emerging trends and heightened USCIS scrutiny

The session underscored the importance of meticulous case preparation and proactive advocacy – both cornerstones of the approach that HBM Law takes with every client.

Service Behind the Scenes

In addition to speaking on the panel, Himani Bhardwaj also served as Conference Treasurer for this year’s event. The experience offered a deeper look behind the scenes of organizing such a large-scale, content-rich program. She expressed deep appreciation for the tireless efforts of Laura Mazel, Heidi Son, and the entire Conference Committee, who ensured the event was both educational and energizing.

More Than a Conference –  a Global Community 

Beyond the CLEs and professional panels, the APAC Conference was a meaningful reminder of the power of community. For Himani, connecting with fellow immigration practitioners – sharing strategies, stories, and solidarity – was not only uplifting, but essential to serving clients well in a time of increasingly complex immigration challenges.

A Reunion 25 Years in the Making

Adding a personal touch to the trip, Himani was thrilled to reconnect with In Young R. Cho, a friend from International School Bangkok, whom she had not seen in over 25 years. The two spent hours catching up, reminiscing about middle school days, and swapping stories and photos of their families. It was a beautiful reminder of the enduring power of friendships that span time and continents.

Looking Ahead

The 2025 AILA APAC Chapter Conference was a rich and rewarding experience – from the professional knowledge gained and shared to the personal memories made. 

The 2025 APAC Founders Award For Outstanding Contributions: Honoring Vision, Leadership, and Impact

Marking a professional milestone, our Principal Attorney was awarded the “2025 Founders Award” from AILA.

I am deeply honored to have received the Founders Award from the APAC Chapter of the American Immigration Lawyers Association for Outstanding Contributions. Since joining the chapter in 2018, I have had the privilege of working alongside an inspiring group of immigration attorneys. This is a volunteer role, and it is truly been a team effort — coming together year after year to create opportunities for knowledge-sharing, mutual learning, and building a community that genuinely supports one another.

 

If there was one message that echoed throughout this year’s conference, it was the power of that community, especially now. Coming together reminded me how vital it is, not just for our professional growth, but for our motivation, mental well-being, and emotional resilience. Because lawyers need that support too (even if we don’t always show it). Thank you to the APAC leadership and the entire APAC Chapter.

Moving Forward with Confidence 

At HBM Law Offices, we are deeply committed to staying at the forefront of immigration law so we can better serve our clients. Participating in forums like AILA’s Asia Pacific Chapter Conference helps us refine our approach, expand our perspectives, and bring the most up-to-date legal strategies back to the individuals and families we serve every day. We look forward to continued collaboration and to advancing immigrant rights together. Need help navigating the I-751 waiver process? Contact HBM Law Offices for a compassionate and thorough case review.

Affidavit of Support 101: What It Is and Why It’s So Important for Family Immigration

When you petition a family member to become a lawful permanent resident of the United States, you become financially responsible for them. This financial responsibility is a key part of the application process for most applicants who are subject to the public charge ground of inadmissibility under INA 212(a)(4). This means that a person may be denied a green card (or other admission to the U.S.) if an immigration officer believes they are “likely at any time to become a public charge.” In other words, from a public policy standpoint, the officer thinks the Applicant may become primarily dependent on government assistance to meet basic needs, thereby becoming a “public charge.”

At the time of applying for either an Adjustment of Status or an Immigrant Visa through Consular Processing, to prove you can support your family member, you are required to submit Form I-864, Affidavit of Support, under section 213A of the Immigration and Nationality Act. This blog post will discuss the Affidavit of Support in more detail, including who is required to file it and the necessary supporting documentation.

USCIS Now Applies a Narrower Interpretation of “Public Charge” (2022 Rule):
The following benefits used by an Applicant do NOT count against an Applicant in a public charge analysis, which means using these programs will not make the Applicant inadmissible on public charge grounds: Medicaid (except for long-term institutionalization), SNAP (food stamps), WIC, CHIP, Section 8 housing vouchers, Public housing, COVID-related assistance, School lunch programs, Unemployment benefits, and State or local health programs.

Public Benefits that USCSIS will Consider in Public Charge Determination:
Public cash assistance for income maintenance, such as: Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), State/local cash assistance (sometimes called “General Assistance”), and Long-term institutionalization at government expense, like being placed in a nursing home or psychiatric hospital paid for by the government.

Totality of Circumstances Test:

USCIS considers the following factors in determining whether an Applicant will become a public charge: Age, health, family status, assets, income, resources, and education and skills.

The Affidavit of Support (form I-864) is an essential part of the public charge determiantion and it is crucial a complete and accurate I-864 Affidavit of Support be submited in family based immigration cases.

What is An Affidavit of Support?

Affidavit of Support is a contract you sign as a legal financial sponsor when you petition for a family member to become a lawful permanent resident of the United States. By signing the Affidavit of Support, you assume financial responsibility for your family member and pledge to provide adequate financial support to them and prevent them from becoming a public charge. This obligation extends until your family member becomes a U.S. citizen, earns 40 qualifying quarters of work credit, or leaves the country permanently. It is a crucial component of the family immigration process as it demonstrates to the U.S. government that your family member will not become a financial burden on the state.

What is a Public Charge?

A Public Charge is an assessment conducted by immigration officers while deciding on certain immigration application processes to evaluate whether the applicant may become reliant on the government for subsistence. If the officer determines that the applicant is likely to rely on government support in the future, their application can be denied. This is because the government seeks to ensure that those who immigrate to the country are self-sufficient and will not become a financial burden on the state. Therefore, the Public Charge assessment plays a crucial role in the immigration process, particularly for those seeking family-based immigration benefits..

Who Needs to Submit an Affidavit of Support in Family-Based Immigration Cases?

An Affidavit of Support is a legally binding document that ensures an immigrant has financial support and will not become a public charge in the United States. The following categories of immigrants are required to submit an Affidavit of Support:

• Immediate Relatives of U.S. Citizens: This category includes spouses, parents, and unmarried children under 21 years old of U.S. citizens.
• Family-Based Preference Categories: This category includes adult children (above 21 years old) and siblings of U.S. citizens and spouses and unmarried children of lawful permanent residents.

Who Can Be a Sponsor?

To be a sponsor, you must meet the following criteria:

• Be a U.S. citizen or lawful permanent resident.
• Be at least 18 years old.
• Be domiciled in the U.S. or a U.S. territory or possession.
• Have the means to maintain an annual income equal to at least 125% of the Federal Poverty Guidelines. If you cannot meet the income requirement, you may be able to use a joint sponsor who meets the income requirement or rely on particular assets.
• Income must be from a legal source

What Are the Documents Required for Sponsorship?

When submitting Form I-864, Affidavit of Support, you will need to provide the following documents to demonstrate your eligibility to sponsor an immigrant:

Proof of U.S. Citizenship or Lawful Permanent Resident Status

• U.S. Citizen: Copy of your birth certificate, U.S. passport or Certificate of Naturalization
• Lawful Permanent Resident: Copy of both sides of your Permanent Resident Card (Green Card).

Income Documentation

You must prove that you have sufficient income to support the sponsored immigrant(s) and that your income meets the minimum requirements set by the Poverty Guidelines.

• Most Recent Pay Stubs: Covering at least the previous three months to demonstrate consistent employment and income.
• Recent Letter from Your Employer: On company letterhead, stating your position, salary, and length of employment.
• IRS Tax Return Transcript: This is preferred by USCIS and the Department of State. One can download your IRS “Tax Return Transcript” for free from the Internal Revenue Service (IRS) website directly: https://www.irs.gov/individuals/get-transcript

Additional Documentation We Recommend To Enclose
Depending on your circumstances and source of income, you may need to provide additional documentation, such as:

• Self-Employment Documentation: If you are self-employed, you may need to provide business tax returns, profit and loss statements, and other evidence of business income and/or licenses.
• Asset Documentation: If your income alone does not meet the requirements, you may be able to use assets such as bank statements, real estate appraisals, and investment account statements to supplement your income.
• Household Size and Affidavit of Support: You must provide the number of people in your household and complete Form I-864A, Contract Between Sponsor and Household Member, for any household members who are combining their income with yours.

Bottom Line

Under the current rule, most family-based applicants will not be found inadmissible on public charge grounds as long as they have a sufficient sponsor and aren’t likely to rely on cash assistance or long-term institutionalization.

The most common issue our firm encounters with regards to the Affidavit of Support is not so much a USCIS determination of inadmissibility based on public charge but that the Petitioner submitted a deficient or wrongly completed Affidavit of Support. We receive many queries from prospective clients who have been issued Request for Evidence or Denials due to wrongly completed I-864 Affidavit of Support applications, which can be avoided. For more comprehensive information, read our other blog post, Affidavit of Support (Form I-864): Your Key to Ensuring Family Reunification in the United States. 

How Can HBM Law Offices Help?

The Affidavit of Support is a crucial legal document in the realm of family-based immigration. To avoid potential consequences of a deficient Affidavit of Support, seek guidance from an experienced immigration attorney. Our Immigration Attorney, Himani Bhardwaj, can assist you in understanding the intricacies of the form, provide you with alternatives to meet the Affidavit of Support eligibility criteria, and guide you through the entire process. Our expertise can help you avoid costly mistakes and ensure that your family’s immigration journey is as smooth as possible.

Remember, your decisions today can impact your family’s future, so it’s crucial to have a knowledgeable professional by your side. Connect with our experienced Immigration Attorney at HBM Law Offices in Iowa today and take the first step towards a smoother immigration journey for your family.

Fiancé(e) Visa vs. Spousal-Based Green Card Overview

Are you and your partner planning to embark on your new life together in the United States soon, and wondering whether a Fiancé(e) Visa (K-1 Visa) or a Spousal Visa (CR-1/IR-1 Visa) is the most appropriate option for you?

Navigating the U.S. Immigration process can be daunting, as each visa has its own set of requirements, procedures and timelines. This blog post aims to simplify both visa options for couples, providing a comprehensive comparison to help you determine the most suitable choice for your unique situation.

Understanding the Key Differences Between Fiancé(e) Visa and Spousal Visa

The Fiancé(e) Visa is specifically designed for couples where one partner is a U.S. citizen (LPRs cannot petition their fiance) and the other is a foreign national who intends to marry their U.S. citizen partner inside the United States within 90 days of arrival on a K-1 visa. It is essential to note that the Fiancé(e) Visa is a non-immigrant visa and does not grant permanent residency immediately. After marriage, the foreign national will need to file for permanent residency, the Form I-485, Application for Adjustment of Status.

Whereas, the Spousal Visa is designed for couples who are already married. Under this type of visa, the foreign national spouse enters the U.S. as a permanent resident because their immigrant visa is approved at the U.S. Embassy/Consulate. They receive their “Green card” in the mail a few weeks after entering the U.S.

Although both the Fiancé(e) Visa and the Spousal Visa share the ultimate goal of family unity by allowing a foreign national to become a permanent resident in the U.S., understanding their distinctions is essential for the couple to determine the most appropriate path for their specific situation and to ensure a smooth and successful immigration process.

Eligibility Requirements for Fiancé(e) and Spousal Visas: A Comparison

To be eligible for a Fiancé(e) Visa, you and your U.S. citizen fiancé(e) must:

• Intend to get married within 90 days of your arrival in the U.S.
• Have met in person at least once within the two years before filing your fiancé(e) visa petition (in some particular narrow situations, this requirement is waived)
• Are free to marry
• Have a bona fide relationship based on love and the intention to establish a life together

To be eligible for a Spousal visa, you must show:

• You are legally married to either a U.S. citizen or a Lawful Permanent Resident, and your marriage must be recognized as valid under U.S. law
• Your marriage is bonafide
• Your U.S. Citizen or Lawful Permanent Resident Spouse must meet certain financial requirements to support you financially and prevent you from becoming a public charge

Both spouses of U.S. Citizens and Lawful Permanent Residents are eligible for spousal visas, but spouses of LPRs are subject to a visa quota per the Visa Bulletin on the Department of State Website. unlike Fiancé(e) Visas. However, processing times can vary for each.

How to Apply and How Long It Takes for Fiancé(e) and Spousal Visas

The processing time for a fiancé(e) visa typically takes approximately 10 to 24 months, depending on the USCIS Field Office or Service Center. This includes approval of Form I-129F, Petition for Alien Fiance(e) by USCIS, and the subsequent National Visa Center (NVC) process, culminating in an interview at the U.S. Embassy. Upon arrival in the U.S., you must marry the U.S. citizen within 90 days and then initiate the process to adjust your status, to obtain a Green Card. This process, too, can take several months, typically around 10-12 months.

The processing time for a marriage visa depends significantly on whether your spouse is a U.S. Citizen or a Lawful Permanent Resident. For spouses of U.S. citizens, the visa becomes available immediately after approval of the Form I-130 Petition for Alien Relative by USCIS. As of early 2025, Form I-130 Petition processing takes approximately 16.5 months and an additional 2-3 months typically pass before the approved petition transfers to the NVC for further processing, which can take several more months before the U.S. Embassy schedules an interview. The total average processing time for a spousal-based visa for the spouse of a U.S. Citizen can be as long as 24 months.

If you are married to a Lawful Permanent Resident, unlike the immediate availability of a visa for spouses of U.S. citizens, your visa application will not be processed immediately. This is due to the visa quota system imposed on visas for spouses of LPRs and can be determined by refering to the Visa Bulletin released fresh each month. Because of this quota, there is a possibility that you may be placed on a waiting list, which could potentially lead to a significant delay in obtaining your visa.

Visa processing times are subject to variation due to several factors, such as visa quotas, processing times at National Visa Center, and finally interview wait times at the U.S. Embassy or Consulate where your case will consular process. Further, even after the interview, there can be delays due to additional background checks and case being placed in 221(g) administrative processing.

Need assistance determining whether a Fiancé(e) or Spousal Visa is appropriate for your situation? HBM Law Offices can help you evaluate your options.

When deciding which visa is right for you, it’s essential to consider your circumstances timelines, and do a cost/benefit analysis for both.

• K-1 Fiancé(e) Visa: This option is often faster than the Spousal Visa process, but it can be more expensive due to the additional fees and requirements involved.
• Spousal Visa: If you are already married, it allows you to enter the U.S. and immediately apply for permanent residency (green card) and work permit. This option is generally less expensive than the K-1 Fiancé(e) visa, but it can take longer to process.
• Cost Considerations: The K-1 Fiancé(e) visa typically involves more fees than the Spousal Visa, including fees for the visa application, medical examination, and adjustment of status. The Spousal Visa generally has fewer fees, making it a more affordable option for many couples.

Ultimately, the best visa option for you will depend on your specific situation and priorities. That’s where the expertise of an experienced immigration attorney can make all the difference. At HBM Law Offices, we specialize in family-based immigration law and have over a decade of experience helping couples navigate the visa process smoothly at the Post (see the list of Embassies/Consulates we have experience with), and determine the most suitable option for their unique circumstances.

Immigration Attorney Himani of Des Moines, Iowa will carefully assess your circumstances, provide personalized guidance on whether a Fiancé(e) Visa or Spousal Visa is the right fit for you, red flgas/blind spots in your case, and share current wait times at the respective Post. We’ll explain the eligibility requirements, the application process, and the potential benefits and drawbacks of each option, empowering you to make an informed decision.

With our dedicated support, you can focus on what truly matters – your future together. Don’t let the complexities of immigration law stand in your way. Contact HBM Law Offices today to learn more and book a consultation.

Introduction to Proof of Extreme Hardship for a Provisional Waiver Application

The United States Immigration Law offers a variety of waivers that necessitate proof of hardship to varying extents. This blog post specifically concentrates on demonstrating extreme hardship to qualifying relatives to get a provisional unlawful presence waiver before starting the consular process to acquire permanent residency in the United States. Unlawful presence typically occurs when an individual stays in the U.S. beyond the authorized period of their visa or enters the country without proper authorization and can result in bars to re-entry and inadmissibility. The provisional unlawful presence waiver offers a potential solution for those facing these consequences.

Who is a Qualifying Relative for a Provisional Waiver?

Generally, to qualify for a provisional waiver, you must have a Lawful Permanent Resident (LPR) or a U.S. Citizen spouse or parent. This means you would typically need to be the child or spouse of a U.S. citizen or LPR and demonstrate that extreme hardship would be caused to this qualifying relative.

While children are not considered qualifying relatives for provisional waivers, any hardship they experience that affects a qualifying relative, such as a parent, can be taken into account. This “derivative hardship” can be one of the factors in determining whether the qualifying relative is experiencing extreme hardship.

What is Extreme Hardship?

To apply for a provisional waiver, it is crucial to understand the concept of hardship and the standard of hardship. For most waivers of inadmissibility, the hardship must exceed what is usual or expected; it must be “extreme.” This standard necessitates compelling and comprehensive evidence of the significant and adverse impacts on the qualifying relative. Multiple factors are considered when determining extreme hardship such as medical conditions, financial difficulties, psychological, family ties of the qualifying relative, and other relevant circumstances.

The USCIS Policy Manual provides a reference chart that outlines the various factors that USCIS weighs in determining the severity and impact of the hardship on the qualifying relative. The chart identifies specific elements that, if present, could support to argue that a denial of admission would result in extreme hardship to the qualifying relative.

The five general categories that may be utilized in the determination of hardship are:

Family Ties and Impact:
This includes the qualifying relative’s family ties within the U.S., caregiving responsibilities (especially for children, elderly, and disabled individuals), the nature of the relationship between the applicant and qualifying relative, the qualifying relative’s age and length of U.S. residency, and potential impacts on the qualifying relative’s well-being. These impacts may include cognitive, social, or emotional effects if the qualifying relative must replace the applicant as a caregiver, as well as any consequences for individuals who require such care.

Social and Cultural Impact:
This includes the impact of relocation on a qualifying relative, including loss of access to the U.S. legal system, laws and social practices in the relocation country, access to social support, social ostracism, community ties, assimilation into U.S. culture, difficulty integrating into the relocation country, travel and communication challenges, language barriers, and availability of educational and job training opportunities.

Economic Impact:
This includes the economic consequences of Applicant’s departure on the qualifying relative, including unemployment, a decline in the standard of living, an inability to pay off debts, and expenses related to special needs or caregiving.

Health Conditions and Care:
This includes factors such as the qualifying relative’s health conditions, access to medical treatment in their home country, the psychological impact of separation or relocation, the psychological impact of the applicant’s suffering, and any prior trauma experienced by the relative.

Country Conditions:
This includes extreme hardship caused by conditions in the relocation country, such as civil unrest, military operations, sanctions, crime, environmental disasters, and other socio-economic or political issues. It also lists other factors that may be considered, such as Temporary Protected Status, Danger Pay designation, Peace Corps withdrawal, and State Department Travel Warnings or Alerts.

What Can be Evidence of Extreme Hardship?

The qualifying relative will need to provide a declaration that explains the extreme hardship they would experience if they had to relocate outside the U.S. or remain in the U.S. without the Applicant. A supporting statement by the Applicant with background information about the home country can also be included. Documentary evidence that can be used to substantiate hardship claims includes: psychological reports, crime and safety reports, news articles, household income and expense records, proof of inadequate medical care, and letters from close friends or family members. Learn more about the the I-601A Provisional Letter and how it works here in our other informative blog post. 

Attorney Himani will guide the applicant in writing a strong declaration highlighting the material facts of the case.

How HBM Law Office Can Assist You

The I-601A Provisional Waiver process can span multiple years and requires careful attention to detail—especially when compiling the evidence needed to support your application. At HBM Law Office, our experienced immigration attorney is dedicated to helping you navigate every phase of this process, working closely with you to ensure a strong and thorough submission. Our goal is to maximize your chances of a successful I-601A Provisional Waiver application.

Tailored Guidance for Your Unique Situation

Every immigration case is unique. Therefore, it is critical to gather the right evidence to effectively demonstrate the hardship factors required for the waiver. Attorney Himani has the expertise to guide you through the complexities of the I-601A process and will develop a compelling case on your behalf.

What You Can Expect

• Discovery Sessions: Attorney Himani conducts one to two sessions to craft a waiver strategy, giving you clear insight into the documentation and evidence needed to demonstrate extreme hardship.
  
• Comprehensive Legal Brief: She will draft (prepare) the legal brief to show that your qualifying relative would suffer extreme hardship if you were not granted the waiver. This includes illustrating how a single unlawful entry merits forgiveness under the law.
  
• Personalized Support: We will work with you step by step, providing expert guidance and hands-on support to ensure that your application is both accurate and complete.

Start the Provisional Waiver Application Process Today with HBM Law

Don’t let immigration obstacles keep you separated from your family. We are here to help you navigate the complexities of the I-601A Provisional Waiver and to advocate for your best interests at every stage. Contact us today to learn more and schedule an appointment.

Introduction to Unlawful Presence in the United States

The I-601A Provisional Unlawful Presence Waiver, also known as the “provisional waiver,” is a specific immigration process designed for individuals currently residing unlawfully in the United States and have plans to put in an application for an immigrant visa at a U.S. Consulate or Embassy abroad. This provisional waiver allows individuals who have stayed in the U.S. longer than they were allowed to overcome the obstacle of being barred from re-entering the country for a significant period and ensures that those who qualify can continue their immigration process and avoid extended separation from their families and lives in the U.S.

Who May Qualify to Apply for an I-601A Provisional Waiver?

In order to qualify for an I-601A waiver, an individual must meet several key requirements:

• Be at least 17 years of age
• Be physically present in the U.S. and submit Form I-601A
• Be in the process of obtaining their immigrant visa, and have a case pending with the U.S. Citizenship and Immigration Services (USCIS)
• No additional grounds for inadmissibility other than the unlawful presence
• Prove that refusal of admission will cause extreme hardship to a qualifying U.S. citizen or permanent resident relative
• Must not be in removal proceedings that are either pending or haven’t been administratively closed
• Must not have a final order of removal, exclusion, or deportation

When Does an Unlawful Presence Start?

Unlawful presence begins when an individual remains in the U.S. beyond the expiration date of their authorized stay, as granted by the Secretary of Homeland Security or when an individual is present without being lawfully admitted or paroled into the country. In most cases, the day after the date listed on Form I-94 is typically when the authorized period of stay ends. If an individual leaves the U.S. after accruing unlawful presence, they may be barred from reentering for:

• 3 years, if they were unlawfully present for more than 180 days but less than 1 year;
• 10 years, if they were unlawfully present for 1 year or more during a single stay; or
• Permanently, if they were unlawfully present for more than 1 year in total during one or more stays, and they reenter or try to reenter the U.S. without being admitted or paroled.

However, there are some circumstances where unlawful presence does not accrue, meaning the time spent in the U.S. without authorization is not counted against the individual. These exceptions include:

• Asylees and Asylum Applicants
• Minors such as children under the age of 18
• Battered Spouses and Children
• Victims of Severe Forms of Trafficking in Persons

These are only a few examples where you might not get unlawful presence. If you’re worried about your immigration status and the possible consequences of unlawful presence, HBM Law Offices, LLC can help you figure out your options and protect your rights.

Does an Individual’s “Out of Status” in the United States Constitute Unlawful Presence?

Knowing the distinction between unlawful presence and out-of-status is crucial. Merely being “out of status” doesn’t automatically equate to “unlawful presence”, and this distinction is crucial, especially in the context of the 3-year and 10-year bars on re-entry.

Being “out of status” in the U.S. signifies that an individual has not adhered to the conditions of their visa or legal status within the country, such as overstaying the duration granted by a visa, violating the terms of work or study permits, or engaging in activities that are prohibited by the visa category. The consequences of falling out of status can be severe, potentially leading to inadmissibility, difficulties obtaining future visas, or even removal from the United States.

The main difference between being out of status and accruing unlawful presence is the nature of the violation and its duration. While being out of status doesn’t always mean you’re accruing unlawful presence. However, accruing unlawful presence automatically means you’re out of status. The 3-year and 10-year bars on re-entry apply to those who are unlawfully present and not merely those who have been in unlawful status. It is important for foreign nationals to understand these distinctions to avoid any severe consequences.

How to Apply for an I-601A Waiver?

To ensure a successful application, it is important to understand and adhere to the following steps in the I-601A Provisional Waiver process. The steps outlined below provide a broad overview; however, each stage involves numerous intricate tasks and subtleties that are essential for successful completion.

• Complete Form I-601A:

Fill out the Form I-601A, Application for Provisional Unlawful Presence Waiver and ensure all the required fields are filled.

• Gather Documents:

Collect all the required documents, such as, evidence of your relationship to the qualifying relative, i.e. U.S. citizen spouse or parents, proof of their U.S. citizenship or lawful permanent resident status, and documentation demonstrating the extreme hardship they would face if you were not granted a waiver and denied admission to the U.S.

• Submit the Application with the filing fee:

Submit your completed application along with the supporting documentation and the $795.00 filing fee to the designated USCIS Lockbox Facility. Ensure you use the correct address based on your chosen delivery method to prevent processing delays.

• Biometrics Appointment and Attend an Interview:

You will be required to attend a biometrics appointment to provide fingerprints, photographs and other identification information. Thereafter, you will be scheduled for an interview where you will be assessed the eligibility for the provisional waiver.

• Approval and Consular Processing:

The USCIS will notify you once they have made a final decision on your provisional waiver application, which may take several months. If approved, you can then proceed to the consular processing phase at a U.S. Consulate or Embassy in your home country to obtain an immigrant visa. After fulfilling all the requirements and receiving your visa, you can return to the U.S. and begin your journey as a Lawful Permanent Resident allowing you to live and work in the U.S. legally.

How Can HBM Law Offices Help?

The I-601A Provisional Waiver process can be complex and overwhelming, but with the guidance of HBM Law Office’s experienced immigration attorney, navigating this process can be less daunting. Our licensed Iowa Immigration Attorney will work closely with you to gather the necessary documentation, guide you through each crucial step and assist you in maximizing your chances of a successful I-601A Provisional Waiver application, which can ultimately lead to reunification with your family in the United States. Connect with our experienced I-601A Waiver Attorney at HBM Law Offices in Iowa today and take the first step towards a smoother immigration journey.

Meet Himani Bhardwaj, Principal Attorney of HBM Law

HBM Law is a dedicated immigration law firm based in West Des Moines, Iowa (IA) committed to providing compassionate, client-centered legal services for individuals and families navigating the immigration system founded by family-based immigration attorney, Himani Bhardwaj. We understand that behind every case is a family member, a dream, and a future at stake. Our team advocates tirelessly for clients, ensuring they receive expert guidance in complex immigration cases. Whether assisting lawful permanent residents with United States citizenship applications or reuniting brothers and sisters through family-based immigration, we tailor our approach to each client’s needs.

In our latest interview, Himani shares the journey that led her to establish HBM Law, the challenges immigrants face, and how the HBM Law team assists clients emphasizing the importance of fostering strong attorney-client relationships, ensuring that every family member receives tailored guidance. Through her global experiences and deep understanding of citizenship and immigration services, Himani explains how she makes a difference in the lives of immigrants striving for a better future.  

1. Can you tell us about your journey to becoming an immigration lawyer and founding your own law firm?

My journey started with a transformative year in Kurdistan, Iraq, where I worked on international human rights initiatives through a U.S. Department of State grant. This experience shaped me, helping me develop grit, resilience, and leadership skills as I collaborated with Iraqi local lawyers and managed large teams in complex legal settings.

When I returned to Chicago in 2013, I founded HBM Law, with a mission to offer direct, personalized legal services. Immigration law felt like a natural fit – shaped by my own experience as an immigrant and my international upbringing. My goal has always been to advocate fiercely for individuals and families navigating the immigration system, ensuring they receive the attention and expertise they deserve.

2. What inspired you to start HBM Law Offices?

The combination of the 2008 economic recession and my desire to work directly with clients motivated me to start HBM Law. During the recession, many law firms laid off experienced lawyers, and new attorneys like me found it difficult to secure positions. I remember thinking that if I can have the grit to live and plan and implement human rights initaitives in Oaxaca, Mexico, and Kurdistan, Iraq, I have the raw inputs to take the risk of starting a law firm in the United States. Starting my own law practice would also ensure that I would work every day with clients directly, which excited me . My goal was always to be able to work directly with clients providing them tailored solutions, timely and thorough advice, and dedicated client care – values that define the foundation of HBM Law.

3. What is the mission of HBM Law and how does it reflect your personal values?

At HBM Law, our mission is to serve the immigration community with compassion, competency, and customized care. I believe a firm’s culture reflects the inner health of its team members, so learning and growth are incredibly important to us. We invest in our education and self-care, including working with a coach, attending immigration seminars, speaking at immigration conferences, taking waiver courses, and taking time out on Friday mornings for “study time”. Personally, I practice yoga, exercise, and journal to stay grounded and be a present, regulated counsel for my clients.

4. What sets HBM Law apart from other immigration law firms?

What truly sets HBM Law apart is our emphasis on customized care and direct communication with clients. We offer clients a link to schedule video calls with me as often as they need, and in some cases, I respond to questions with video answers rather than email. This personal touch helps convey the tone, reassurance, and detailed explanations that clients find helpful. We believe in the motto “grow better, not bigger,” so we limit our caseload to ensure every client receives the personalized service, meticulous case management, ensuring that no stone is unturned and every case isn’t rushed or overlooked. Our team prioritizes quality over quantity so we advocate effectively and deliver the high-quality representation they deserve with the best possible outcomes for our clients.

5. What areas of immigration law does your firm specialize in?

HBM Law specializes in a range of immigration law services, including family-based immigration services such as Green card applications, Adjustment of status, and obtaining permanent resident status through consular processing and visa applications. We also provide visa categories (Fiancé(e) Visa (K-1) and Spouse Visa) services to ensure our clients apply for the correct one based on their situation, whether for family members or United States citizens seeking to reunite with loved ones abroad. We work through the complex legal status of each individual and carefully manage their U.S. immigrant visas and adjustment of status procedures to maximize their chances of success. View all our comprehensive immigration services covering visas, naturalization to to waivers (I-751 waiver and I-601A Provisional Waiver). 

6. Could you share a memorable case or success story that reflects the impact your firm has on immigrant families?

Unwavering advocacy

We take pride in our unwavering advocacy for clients. One memorable case involved a 68-year-old client who had been denied an immigrant visa at the U.S. Embassy in Mumbai due to an overstay on her tourist visa. The embassy sent the I-130 petition back to USCIS for further review. I challenged the Embassy’s decision, arguing that the law had been misapplied after escalating the matter to LegalNet. The Embassy reversed its decision, and my client was granted the immigrant visa.

Special care and attention

We also don’t hesitate to take bold steps when necessary, engaging with Congressional liaison, the American Immigration Lawyers Association (AILA) liaison, USCIS leadership, and even pursuing litigation when government inaction or unjust decisions threaten our clients’ rights. For consular processing cases, we challenge decisions through LegalNet, ensuring that our clients have every possible avenue for relief. For example, we recently helped an elderly client whose daughter in Canada was diagnosed with terminal cancer. The client needed advance parole to travel but hadn’t received it yet. We advocated at the highest levels, directly communicating with the USCIS Field Office Director and within days, the advance parole was issued, allowing our client to be with her daughter in her final moments.

This case truly reflects our unwavering dedication. We don’t simply handle immigration cases; we advocate fiercely for our clients’ rights and humanity. Life is unpredictable, and behind every application is a person, a family, and a story that deserves our full commitment, no matter the obstacles.

Multiculturalism and multilingualism

Having lived and worked in diverse countries – Mexico, Iraq, Argentina, India, Thailand, the U.S., and Singapore – I bring a global perspective to my practice. My exposure to different cultures helps me understand the unique challenges that clients face, beyond stereotypes. It has allowed me to build stronger, more respectful relationships with clients from all over the world, enriching both my practice and my life.

HBM Law is committed to personalized, culturally aware legal representation. To enhance our support for clients, we have a team member fluent in Spanish and Hindi to ensure seamless communication with our Spanish- and Hindi-speaking clients. Our diverse, multilingual team helps create a supportive environment where every client feels heard, respected, and supported.

Extensive relationships

We understand that immigration cases often intersect with other legal and personal matters. To offer comprehensive support, we’ve built relationships with professionals in other fields, including tax professionals, psychologists, family law attorneys, crimmigration attorneys, and certified translation services. This allows us to provide holistic solutions that address every aspect of our clients’ needs.

Whether it’s tackling legal complexities, supporting emotional well-being, or managing financial concerns, we make sure our clients have access to trusted professionals who can provide the help they need. Additionally, as an active member of the Iowa-Nebraska AILA Chapter and the APAC Chapter, I’m able to better advocate for and support clients across various jurisdictions.

7. How do you and your team handle complex or challenging cases?

Every case begins with a thorough case review to identify potential obstacles and develop a tailored legal strategy. We carefully analyze case law, regulations, and USCIS policies to determine the best course of action. When necessary, we explore alternative legal pathways to maximize our clients’ chances of success. We are also prepared to escalate cases through Congressional liaison, AILA liaison, and direct engagement with USCIS leadership when needed.

Each case is personally overseen by me and supported by our experienced, multilingual paralegal team to ensure clear communication and comprehensive legal guidance throughout the process. We tap into our extensive network of immigration attorneys nationwide through the American Immigration Lawyers Association (AILA), including the IA-NE and APAC chapters. In addition, we work closely with trusted professionals such as tax experts, psychologists, DUI attorneys, and family law attorneys to offer holistic support that addresses every aspect of our clients’ needs.

Take Your First Step with HBM Law 

We truly appreciate your time and insights, Himani! At HBM Law, we are committed to help individuals and families navigate the complex immigration system. Whether you need assistance with Green Card applications, visa categories, adjustment of status, or citizenship and immigration services, our dedicated team is here to advocate for your rights. If you or a family member need expert guidance from a trusted family-based immigration attorney, we highly recommend reaching out to us. Contact HBM Law today to schedule a consultation and take that step toward securing your legal status in the United States for you or your loved ones.