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For years, applicants seeking nonimmigrant waivers under section 212(d)(3)(A) of the Immigration and Nationality Act could rely on one reassuring truth: once a waiver was granted, renewing it in the future was usually a formality. As long as the applicant abided by the terms of the visa—no unlawful work, no overstaying, no protracted stays, no criminal violations— the U.S. Department of State (DOS) would routinely recommend approval of subsequent waivers without revisiting the entire case from scratch.

That changed in February.

In a quiet but significant policy shift, the Department of State announced that it will no longer defer to prior nonimmigrant waiver approvals when evaluating new applications after the original waiver expires (typically after five years). In plain terms: even if you were approved before and abided by the terms and conditions of the visa, your next waiver request will be treated as a brand-new application. There is no longer any presumption of consistency or continuity.

If you are a Canadian with a criminal record and planning to enter the United States, understanding whether your conviction is classified as a Crime Involving Moral Turpitude (CIMT) is essential. A CIMT can make you inadmissible to the U.S. and may require you to obtain a waiver to cross the border.

A CIMT typically involves conduct that is considered inherently immoral or deceitful. These offenses may include crimes involving theft, fraud, or acts of violence. The U.S. Department of State has a list of crimes it considers to be CIMTs and those it does not (you can view the list here).

Our recent Freedom of Information Act (FOIA) litigation against U.S. Customs and Border Protection (CBP) uncovered a culture of opacity: initially, CBP refused to disclose whether specific Canadian offenses were classified as CIMTs. After persistent legal efforts, CBP finally released to us an internal CBP table showing which Canadian crimes it views as CIMTs and which it does not. This information can significantly impact Canadians seeking entry to the U.S.

It is not often that one’s life is turned upside down, but a K-1 or spousal visa refusal can be one of those times. Articles on this website about K-1 visa refusals and I-130 spousal visa refusals provide many of the reasons that factor into these denials. Substantial age difference; inability to speak each other’s language fluently; different cultures; previous visitor visa refusals reflecting “desperation;” only one or two meetings prior to filing the petition; “poison pen” letter from an ex or a close relative against the relationship; social media discrepancies. The list of reasons a consul or USCIS may suspect a sham relationship goes on. And with the Trump Administration cracking down on fiancée and marriage fraud, those getting caught in the “fraud net” are not only those in a sham relationship, but those in genuine relationships. The primary reason? A lack of preparation and evidence.

“Make it make sense” is one of the golden rules when preparing these I-129F fiancée and I-130 immediate relative petitions and the subsequent visa applications or I-485 adjustment of status applications. Often times I see a short statement from the US citizen and a couple of photos taken with his significant other, a plane ticket and a receipt for a ring as the only evidence of the relationship. Remember, the burden is on the beneficiary – the fiancée, the spouse – to prove eligibility, not the other way around. This is not a criminal case where the government has to show beyond a reasonable doubt that the relationship is bogus.

In the good old days – prior to January 20, 2025 – visa revocation was not the end of the world for a student if he or she was in the US at the time of receiving the notification. As long as the student remained in the US, he or she was able to continue with the academic program. Yes, the email from the consulate notifying the student of the revocation was very unpleasant, but the revocation only took effect upon departure from the US. And so thousands of students, including those who had been impacted by the AzTech/ Integra/ Wireclass/ Findream/ Sinocontech/ Acuity OPT scandal, were able to continue their studies. Not anymore.

Over this past week, the Trump Administration has not only notified certain foreign students that their visas have been revoked, but terminated their SEVIS registration – in essence, ending their current ability to study in the US. The reasons run the gamut: political speech, speeding tickets, domestic disputes, arrest, driving without insurance. The Administration has been using a variety of tracking mechanisms, including social media and databases containing fingerprints, to identify these student visa holders.

Suspicions of going to work illegally? Check. Suspicions of marrying a US citizen? Check. Suspicions of remaining in the US? Check. These are all common reasons for the inspector of Customs and Border Protection at an airport or a land border port-of-entry to invoke Section 212(a)(7)(A)(i)(I), denying their entry, and sending the person home. But criticizing the President of the United States? This is as American as apple pie; this is the Land of Free Speech, after all, right? Right? Apparently not in the eyes of CBP inspectors who have just stopped the entry of a French scientist because CBP found text messages on his phone that apparently criticized the Trump administration’s policies on academic research. This not only bodes poorly for visa and ESTA holders over the next four years, but for visa applicants.