Thursday, April 24, 2014

Looks Like No Movement from Mr. Boehner on CIR

The Wall Street Journal reported Friday that Boehner last month told donors at a Las Vegas fundraiser that he was "hellbent on getting this done this year,” referring to immigration legislation.
 The comment appears to run counter to recent public statements where Boehner has argued that conservative distrust of President Obama has made action on legislation nearly impossible.

But a spokesman for the Speaker said the quote does not reflect any change in position.
"Nothing has changed. As he's said many times, the Speaker believes step-by-step reform is important, but it won't happen until the president builds trust and demonstrates a commitment to the rule of law,” Boehner spokesman Brendan Buck said.

The spokesman said he could neither confirm nor deny Boehner had made the “hellbent” comment.

So will Boehner continue to say "the right thing" depending on the audience until the next Presidential election comes around?

-The Hill

Wednesday, March 12, 2014

New York Program Gets Public Defenders for Immigrants

In immigration court, there is generally no right to free legal counsel.  Many immigrants represent themselves and many people who shouldn't be getting deported are deported because of lack of counsel.

                                                     Photo: Courtesy of Huffington Post

New York is the first to experiment with a program that provides public defenders for immigrants.
Should immigration courts provide legal counsel for those who cannot afford it?

Source: LA Times

Tuesday, July 9, 2013

Provisional Waivers Provide Some Relief from Separation for U.S. Citizens and their Foreign National Spouses

Provisional I-601A Waivers provide some relief to the long separation couples endured prior to President Obama's policy changes in the waiver process for spouses of U.S. Citizens. This weekend, NPR featured a couple enduring one of those separations. They filed a waiver application prior to the Obama administration's implementation of the "state-side" waiver which allows the foreign national spouse to wait for an interview notice while remaining in the U.S. Rather than having to leave prior to the interview notice and potentially waiting for over a year while the application is being processed, as the couple in NPR's story. You can listen to their story here. 

Courtesy of Caly Muniz Castro/NPR

Thursday, May 23, 2013

Twitter I-1601A Provisional Waiver Summary:

Randall Caudle has been tweeting on the new I-601A Provisional Waivers. For those of you not on Twitter or who missed the live tweets and do not wish to scroll down here is our summary:

There are a few groups of people who have historically been able to petition for their loved ones, but are not able to petition for their relatives in the case of provisional waivers. They are:
  • Legal Permanent Residents/ Green Card Holders (A good reason to naturalize)
  • U.S. citizen children.

In short only U.S. citizen spouses and U.S. citizen parents can petition for spouses or children.

USCIS will not make adjudication guidelines for provisional waiver officers public. Unfortunately that means we will have to learn about USCIS’s grey areas via test cases. At Caudle Immigration, we will not testing these grey areas with our clients because if a case is denied, no appeal will be accepted.

Some grey areas include criminal issues. There are some issues such as DUIs, which are not a problem if you are adjusting your status in the U.S. and are not grounds of inadmissibility, but may be sufficient to deny a provisional waiver application.

Solid reasons for why you or your loved one may not be eligible for Provisional Waiver are:

  • You agreed to voluntary departure (VD).
  • You are subject to one or more grounds of inadmissibility other than unlawful presence.
  • You are in removal proceedings.
  • Your NVC interview based on an I-130 petition was initially scheduled before January 3, 2013, even if scheduled for a later date.
  • You are currently in removal proceedings or have a deportation order.
  • You have a pending I-485 application.
  • You do not provide any reasons of hardship to your parents or spouse if you are not approved. On the bright side unlike DACA, USCIS will accept statements and affidavits as evidence for provisional waiver cases. 

Monday, February 18, 2013

I-601A Waiver Videocast by the Immigration Legal Resource Center

The  Immigration Legal Resource Center (ILRC) staff attorneys created a 20 minute informative video on the I601A Provisional Unlawful Presence Waiver. Click here to watch it.

Monday, January 21, 2013

USCIS Updates FAQs on I-601 Provisional Stateside Waiver & Randall is mentioned in San Jose Mercury News Article

I-601 Provisional Stateside Waivers are not yet in effect, but there is a lot of excitement surrounding the new policy that is expected to take effect on March 4, 2013. The San Jose Mercury News wrote a story featuring our very own Randall Caudle as well as Erika and Edgar Torres, a couple from Northern California who qualify for the I-601 Waiver. For more on the story read Foreign spouses, children to benefit from U.S. immigration policy change by Matt O’Brian of the San Jose Mercury News.

For Answers to Frequently Asked Questions about I-601 Provisional Waiver see:

USCIS Waiver Fact Sheet

Provisional Unlawful Presence Waivers: Questions & Answers

Thursday, January 17, 2013

6 Things to Know About I-601A Provisional Stateside Waiver

Six Things You Need to Know about Processing of I-601A Waivers written by Laura Lichter of The AILA Leadership Blog answers common questions families conferring applying for I-601A are asking.
Questions answered are:

  1. What is I-601A Provisional Waiver and how can it help me?
  2. Who can apply?
  3. What does it mean that the waiver is “Provisional”?
  4. When can I apply?
  5. What else do I need to know about I-601A Provisional Waiver?
  6. Do I need an attorney to apply?