Tuesday, January 24, 2012

An Overview of I-601 Waivers and Extreme Hardship

Under the Immigration and Nationality Act of 1996 are various provisions for the I-601 Application for Waiver of Grounds of Inadmissibility, formerly titled Application for Waiver of Ground of Excludability. This memo addresses the structure and content of an Application for Waiver of Grounds of Inadmissibility under INA § 212(a)(9)(B)(v), 212(h), and 212(i).

Court decisions addressing the I-601 waiver may change the existing law or create new law. Counsel are advised to independently confirm whether the law in their circuit or BIA decisions have changed existing law or precedent since the date of this memo.

For the purposes of this memo the Application for Waiver of Grounds of Inadmissibility will be referred to as an I-601. The I-601 form may also be used for certain waivers that do not require a showing of extreme hardship to a qualifying relative, e.g. a waiver of the vaccination requirement. Waivers that do not require a showing of extreme hardship to a qualifying relative are not the subject of this memo.

Read more at http://www.scottimmigration.net/content/i601memo

Friday, January 6, 2012

Advance copy of USCIS Notice of Intent: stateside I-601 adjudications

"U.S. Citizenship and Immigration Services (USCIS) intends to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the United States for consular processing of their immigrant visa applications." - FR Doc. 2012-140 Filed 01/06/2012 at 8:45 am; Publication Date: 01/09/2012.

Read more at http://www.lexisnexis.com/community/immigration-law/blogs/inside/archive/2012/01/06/advance-copy-of-uscis-notice-of-intent-stateside-i-601-adjudications.aspx

Proposed stateside waiver Q&A - USCIS

"USCIS to Propose Changing the Process for Certain Waivers

Introduction

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals’ waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. The process would only apply to immigrants who are eligible for a visa.

Read more at http://www.lexisnexis.com/community/immigration-law/blogs/inside/archive/2012/01/06/proposed-stateside-waiver-q-amp-a-uscis.aspx

AP source: Admin. plans change in immigration rule

WASHINGTON—The Obama administration plans a rule change to help reduce the time illegal immigrant spouses and children are separated from citizen relatives while they try to win legal status in the United States, a senior administration official said Thursday.

Currently, illegal immigrants must leave the country before they can ask the government to waive a three- to 10-year ban on legally coming back to the U.S. The length of the ban depends on how long they have lived in the U.S. without permission.

The official said the new rule would let children and spouses of citizens ask the government to decide on the waiver request before the illegal immigrant heads to his or her home country to apply for a visa. The illegal immigrants still must go home to finish the visa process to come back to the U.S., but getting the waiver ahead of time could reduce the time an illegal immigrant is out of the country.

Read more at http://www.insidebayarea.com/ci_19685281?IADID=Search-www.insidebayarea.com-www.insidebayarea.com

AP source: Admin. plans change in immigration rule

WASHINGTON—The Obama administration plans a rule change to help reduce the time illegal immigrant spouses and children are separated from citizen relatives while they try to win legal status in the United States, a senior administration official said Thursday.

Currently, illegal immigrants must leave the country before they can ask the government to waive a three- to 10-year ban on legally coming back to the U.S. The length of the ban depends on how long they have lived in the U.S. without permission.

The official said the new rule would let children and spouses of citizens ask the government to decide on the waiver request before the illegal immigrant heads to his or her home country to apply for a visa. The illegal immigrants still must go home to finish the visa process to come back to the U.S., but getting the waiver ahead of time could reduce the time an illegal immigrant is out of the country.

Read more at

UPDATE on I-601 Waivers: Easier Route to Green Card to Be Proposed for Some

Obama administration officials announced on Friday that they will propose a fix to a notorious snag in immigration law that will spare hundreds of thousands of American citizens from prolonged separations from immigrant spouses and children.

The change that immigration officials are offering would benefit United States citizens who are married to or have children who are illegal immigrants. It would correct a bureaucratic Catch-22 that those Americans now confront when their spouses or children apply to become legal permanent residents.

Although the tweak that officials of Citizenship and Immigration Services are proposing appears small, immigration lawyers and advocates for immigrants say it will make a great difference for countless Americans. Thousands will no longer be separated from loved ones, they said, and the change could encourage Americans to come forward to apply to bring illegal immigrant family members into the legal system.

Read more in the NY Times at http://www.nytimes.com/2012/01/07/us/path-to-green-card-for-illegal-immigrant-family-members-of-americans.html?_r=1&smid=fb-share