Immigration Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Immigration.
If you are looking for refugee status or political asylum in the US, you would need to learn more about these options.
If you want to enter into the United States, you would need to learn about different aspects of this visa program.
A returning legal resident returning from an absence of less than a year who presents his Green Card at the port of entry is not assured that he will be readmitted to the United States. While an Green Card satisfies the requirement of presenting a valid entry document, its presentation is not evidence that he is "returning from a temporary visit abroad." For this reason, it is possible that a returning resident might be denied entry if deemed to have abandoned his legal residence status.
A person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.
If you are trying to obtain an EB-5 visa, you would have to invest a sum of money. There may be other requirements too that you need to lean about
If you are facing persecution in your homeland because of some reason, you may seek asylum in the United States. In order to apply for asylum, you would need to learn more about the process.
On June 30th, 2012, the National People’s Congress Standing Committee of People’s Republic of China issued the new Exit-Entry Administration Law (hereinafter referred to as the “New Law”) which is applicable to exit-entry of both Chinese nationals and foreign nationals and shall come into effect on July 1st, 2013.
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?
The Ukrainian government began to strictly regulate the stay of foreigners, especially those hired by local companies, back in 2009. Prior to that date, many foreigners simply ignored the local registration and customs rules with impunity. However, the Ukrainian "immigration revolution" began with the government's strict application of the rules for applying for and receiving temporary residency status in Ukraine.
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.
If you are facing deportation for being convicted of a felony, you would need to contact a lawyer immediately. If you are in the United States on a green card or a visa, the worst thing you can do is commit a felony. Committing felony may get you deported out of the country. The immigration officials may even downgrade your status on the basis of felony or non-felony conviction.
You must learn about the differences between a green card and a visa before you apply for any of the two. A lot of people seem to believe that a visa and a green card refer to the same thing. However, a visa and a green card are indeed different from each other. Each has its own purpose and eligibility requirements.
Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the Republic of Trinidad and Tobago” Series of Legal Article - During this series our Attorneys will be giving you a brief insight into the areas of law which from our professional experience, touches and concerns businesses and individuals wishing to establish themselves within our borders.
Adoption is a legal process whereby a person permanently assumes the parental rights and responsibilities for a child from his or her biological parents. Legal guardianship is a legal process whereby a person is appointed by court to take care of a child. The guardian has the parental rights and responsibilities but such rights and responsibilities the guardian has over the child are not permanent.
Businesses in the UK who are looking to sponsor individuals under the Tier 2 & 5 categories are facing excessive delays in getting their Sponsor Licence applications approved. Hudson McKenzie’s Business immigration team represents businesses from all sectors of the UK economy and we have reached out to our clients to gauge the repercussions of these delays. Undoubtedly, it is a unanimous vote that severe delays on part of the UKBA are currently holding back growth in the UK economy.
We hope that both Candidates continue supporting the DREAMers, and higher-skilled immigrants (L1A,H1B,O1). The results of this year’s election can change the White House’s approach on immigration. The Presidential elections are less than one month away and both candidates are in a full-throttle attempt to persuade more people to vote for him rather than his opponent.
This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).
Marriage to a U.S. citizen is the most common way of getting a legal permanent resident status in the United States especially when the alien has been out of status in the country. Fraud statistics show that between 1998-2007 more than 2 million people have reported marriage as a means to gain residency within the United States.
An alien who applied for adjustment of status to become a legal permanent resident of the United States should apply for advance parole in case he/she needs to leave the country while the adjustment of status is pending. Previously, an alien who leaves the United States after incurring at least one year of unlawful presence will not be allowed to re-enter the country even if he/she is in possession of an advance parole document. This new decision issued by the BIA changed that rule.
It is important for you to contact a lawyer if you are at a risk of getting deported or removed from the United States. After the Department of Homeland Security was established, the number of foreigners being deported out of the United States has increased exponentially. Fighting deportation in the immigration court has also become quite difficult after the changes made in the immigration law.
If you are looking to enter into the United States, you will have to obtain a visa. There are different categories of visas that you may look into while considering which visa to choose. Gaining residency in the United States may be extremely difficult. The US immigration laws are quite complex and immigrants are also chosen carefully. If you are looking to enter into the US, you will need to apply for a visa. There are different categories of visas that you can apply for.
The German system of family reunification in visa cases is very strict. The spouses should be prepared carefully by their attorney before they apply for a visa to Germany. In the following I explain the relevant fact pattern of German visa cases.
The Ministry of Interior has announced a new & simplified procedure of granting Immigration Permits to third country nationals who wish to invest in the Republic of Cyprus (under Reg.6(2)). This new procedure is an accelerated one with a more favourable outcome and result for most of the applicants. The period of examination of such applications would not exceed 2-3 months.
Are Latino leaders, Spanish-language campaigns enough to win? The GOP convention has come and gone, with plenty of emotionally riveting speeches, expected criticism of the current administration, and an over-arching theme of patriotism. More than half a dozen convention speakers highlighted their immigrant background, including Craig Romney.
Limitation of language requirement for familiy reunification with Germans. The Federal Administrative Court in Leipzig has decided that the statutory requirement to demonstrate knowledge of German in case of a family reunification with the foreign spouse to a German citizen is only valid restricted.
Germany implements EU Directive “Blue Card” for high skilled employees (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:en:PDF ) on August 1st 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the European Union (EU).
Foreign nationals afraid of being prosecuted in their home country can seek political asylum and stay in the US. However, before applying for political asylum they must consult with skilled immigration lawyer and understand the requirements perfectly. People entering or located in the United States who are afraid of being prosecuted from their home countries are eligible to apply for political asylum.
US immigration laws provide investors a unique opportunity to invest in US economy and gain permanent residency in the country. Those willing to invest in US economy for permanent residency can consult with an immigration lawyer. The lawyer can help to fill up application and select regional center to invest.
Driving Under the Influence of Alcohol (DUI), impaired driving and similar US convictions, have many consequences for an individual, including a possible criminal record in the United States. Those who are not US citizens, also have to be concerned about possible US immigration consequences of their DUI criminal conviction.
We hear so much about immigration in the context of border controversies that we may forget the vital role that immigrant owned businesses play in our economy. By “immigrant” we do not mean just Mexicans or persons from South American countries, which play a prominent role in states like Arizona, but also Indians, Koreans, Cubans, Chinese and the Vietnamese. A recent program on National Public Radio (aka “NPR”) documented....
US immigration laws, regulations and policies are complex and contradictory. The impact is profound. Many find themselves struggling for years or even decades to normalize their status and obtain permanent residence in the United States. Unfortunately for millions, the struggle ends with nothing more than a deportation order. This causes tremendous stress on families to see their loved ones deported and removed from the United States.
USCIS says that Dream Act eligible candidates that meet the criteria of the “Deferred Action for Childhood Arrivals” program will not be deported. It is expected that exact guidelines and procedures for this program will be put into place sometime during August, 2012, detailing how eligible candidates can apply for this status of deferred prosecution of removal from the United States. If granted, an individual also may be eligible for work authorization. The program is for those immigrants who:
A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.
TN status is a nonimmigrant classification that enables Canadian and Mexican citizens to work in the United States pursuant to appendix 1603 of the North American Free Trade Agreement. The history of the TN is interesting. On December 17, 1992, the Presidents of the United States and Mexico and the Prime Minister of Canada entered into the North American Free Trade Agreement (NAFTA).
We expect there to be word forthwith on what needs to be filed for DREAMERS. Stay posted. We expect to advise next week. These actions have finally begun positive action towards immigrants. We hope this builds a momentum that will ultimately lead to more comprehensive reform.
A foreign investor interested and capable of investing $500,000 in the US that will help to generate employment is eligible for EB-5 visa. Acquiring permanent residency in the US is comparatively simple with tis visa. Only there are few rules and regulations that immigration lawyer can sort out.
H-1B visas are typically utilized by U.S. employers seeking to employ a foreign national in a specialty occupation. See www.uscis.gov. Prior to filing the I-129 petition for an H-1B visa, a Labor Condition Application must be applied for with the Department of Labor. The Labor Condition Application requires the U.S. employer to make four essential attestations in order to protect the U.S. labor market.
If you are facing difficulties with immigration issues, you likely already know that you need advice from immigration lawyers in Seattle. However, you may be concerned about how you are going to pay for these immigration lawyers in Seattle, especially since you have likely heard that legal fees can be expensive. Naturally, this may lead you to ask whether there are any free immigration lawyers in Seattle.
The H-1B visa program, which enables domestic employers to hire foreign workers in certain specialty occupations (especially in science, technology and highly-skilled fields) has long been popular among employers, but demand for H-1B workers has been particularly strong this year.
The U.S. Citizenship and Immigration Services (the “USCIS”) has received an extraordinary volume of I-129 petitions (relating to non-immigrant workers) this year, and as a result, the USCIS has acknowledged that many petitioners are not promptly receiving notices of receipt of their petitions.
Pursuant to executive order signed by President Obama, the Department of Homeland Security has announced this week that it will defer any administrative action or deportation proceedings against certain eligible immigrants who arrived in this country as children.
As of June 11, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has no more slots left for foreign workers in specialty occupations under the H-1B visa program, as the statutory cap has been reached already for fiscal year 2013.
The increasingly popular H-1B visa program, which allows U.S. employers to hire a certain number of foreign workers each year in so-called “specialty occupations” (including occupations in science, technology and engineering) is now coming under more watchful eyes at various federal agencies concerned about employment abuses.
Within the last 30 days, legislators have introduced various bills in the U.S. Congress that would reauthorize the EB-5 Regional Center Pilot Program.
When the U.S. Supreme Court issued its ruling on the Arizona immigration law last week, public scrutiny of the decision was short-lived because it was eclipsed by the subsequent ruling on the Patient Protection and Affordable Care Act. But the ruling on Arizona law was truly significant for several reasons, not the least of which is that multiple states have passed laws relating to immigration with provisions similar to that in the Arizona law.
The new policy for DREAMERS, while not perfect, finally gives some hope to this group after waiting for eleven years for the DREAM act to pass. The policy will allow these young people to be in the US under the auspices of the law and to obtain work authorization. We hope that the DREAM Act will soon pass.
When Congress passed the L-1 Visa Reform Act of 2004 (the “L-1 Reform Act”) it did so to address a narrow and specific concern about some companies which had “outsourced” L-1B intra-company transferees to third party employers.
It seems that Legacy INS, the U.S. Citizenship and Immigration Services (the “USCIS”) and other immigration authorities hold some misconceptions about abuses associated with the L-1B visa program. This is an important program, which allows foreign employees of domestic companies with global operations to transfer to the U.S. when they have “specialized knowledge” needed at home.
Employers who wish to hire foreign specialty workers should immediately consider preparations for filing a petition to sponsor H-1B workers for fiscal year 2013, which starts as of Oct. 1, 2012. Petitions for worker start dates on or after Oct. 1 may be filed as of April 1, and it should be noted that a flurry of early filings are expected this year.
Now more than ever large-scale American companies need the support of global talent in order to compete in an international marketplace. But, as noted by the American Immigration Lawyers Association (“AILA”) our domestic agencies responsible for immigration still sometimes function in a way that restricts American companies by denying applications for L-1B visa transfers on hyper-technical grounds.
As noted by the American Immigration Lawyers Association (“AILA”) there has been a widening gulf between the articulations of policy – in statutes and regulations – and the reasoning of administrative decisions by the U.S. Citizenship and Immigration Services (the “USCIS”) regarding L-1B visas.
Congress thought it had solved the problems created by multiple administrative interpretations of the L-1B visa requirements when it passed the Immigration Act of 1990 (“IMMACT90”) which, among other things, gave a statutory definition to the “specialized knowledge” prerequisite for obtaining an L-1B visa.
After the wave of I-9 audits in recent years, employers have become rightfully wary of not documenting their immigrant workforce. Everyone knows by now that the penalties for hiring undocumented workers can be stiff. But what many employers do not realize is that there is a risk to over-documentation as well.
The Department of State (“DOS”) has increased its visa fees effective as of Friday, April 13, 2012. Non-immigrant visa fees for machine-readable visas went from $140 to $190 for H, L, O, P, Q and R visas. Fees for other non-immigrant visas increased from $150 to $160; however, fees for E visas dropped from $390 to $270, and fees for K visas dropped from $350 to $240 per visa.
A recent report by the National Foundation for American Policy has demonstrated that adjudicators for the U.S. Citizenship and Immigration Services (the “USCIS”) have intensified their scrutiny of the popular L-1 and H-1B visa petitions utilized by domestic employers who need to import foreign workers with special knowledge or occupational experience.
A report by the National Foundation for American Policy sheds light on the kinds of scrutiny applied to job-related visa applications filed by American employers on behalf of Indian nationals.
The number of green card of immigrant visas available for individual workers from India and China will shrink in months to come, according to pronouncements by Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the Department of State.
U.S. Citizenship and Immigration Services (“USCIS”) still has slots available in fiscal year 2013 for foreign workers in specialty occupations under the H-1B program, but petitions have been filed at a very brisk rate so far, and slots might not remain open for very long.
The warmer weather and sunny skies of spring have arrived in the U.S., opening the gates to tourists from around the globe, but one group of tourists should be especially mindful of the legal hazards of visiting the U.S. If you are a foreigner engaged to a U.S. citizen and living abroad, then your petition for a K-1 visa will establish your intent to marry an American citizen and stay here permanently.
The summer travel season is fast approaching, and many foreign citizens are making plans now to visit the U.S., but they won’t be going anywhere without the necessary immigration compliance preparations. Generally, the “necessary preparations” would include obtaining a tourist visa, but it is possible to avoid the paperwork, fees and waiting associated with this step if you are an eligible citizen of a country that is enrolled in the U.S. visa waiver program.
Each year, a large number of undocumented workers are deported who are parents of U.S. citizens. Many of these workers might have been able to avoid deportation and painful separation from their families by simply contacting a good immigration attorney who could help them to pursue a legal avenue to employment-based permanent residency.
According to recent reports in USA Today, during the first six months of last year, 22 percent of the 211,000 deportations during that time involved parents of U.S. citizens.
Earlier this spring, the Department of Homeland Security published a proposal in the Federal Register – for public consideration and comment – that would relax the rules on bar to re-entry for foreigners residing here who are beneficiaries of pending family-based immigration petitions.
It happens more often than you might think and something to watch out for during this election year – a permanent resident’s name somehow appears on a voter registration list, and then he is denied citizenship and sometimes even deported.
U.S. Citizenship and Immigration Services (“USCIS”) still has slots available in fiscal year 2013 for employers sponsoring foreign workers in specialty occupations under the H-1B program, but more than 60 percent of FY 2013 allocations under the regular cap have been snatched up in less than two months, so employers need to file petitions quickly for remaining slots.
U.S. Citizenship and Immigration Services (“USCIS”) published in late March a notice in the Federal Register inviting public comments on proposed revisions to Form I-9, which is used by employers to authenticate the identity of their laborers and the legal authorization of those laborers to work in the U.S.
The purpose of this brief is to provide an overview of various work permit schemes available in the Democratic Republic of Congo. Its discusses the Visas, Immigration and work permit for people who want to visit, work, study or live in the DRC.
The issue of same-sex marriage in the context of immigration law has recently come to the forefront of political attention. As the law stands, an illegal immigrant who enters into a state-recognized same-sex marriage is not afforded the immigration rights that are given to an immigrant in a heterosexual marriage.
Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.
In a recent decision of the United States Court of Appeals for the Eleventh Circuit the court reversed the Board of Immigration Appeals finding that the Immigration Court has no jurisdiction to hear a motion to reopen filed by a non citizen from outside the United States. This decision has broad implications for the non United States citizen who has been deported.
An immigration hold is placed on an individual who has been arrested for a criminal charge and is taken to jail. ICE (Immigration Customs Enforcement) checks the list of inmates in the jail on a regular basis. When they see that an inmate is deportable they contact the jail and place a hold on the inmate. An immigration hold may be placed on a person who is in the United States illegally because he/she entered the USA without inspection or overstayed a visa.
Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship
Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all requirement set forth by Dominican state for those purposes.
Currently and under most circumstances, a foreign born spouse who has entered the United States with inspection can adjust status through an American citizen spouse. When a foreign spouse has not entered the U.S. with inspection, and a petition to adjust status is filed, the petition will be denied because the foreign spouse is inadmissible. An I-601 Hardship Waiver will be necessary to cure the inadmissibility.
The Board of Immigration Appeals is commonly referred to as the “BIA” or, “Board.”In this article we refer to the Board of Immigration Appeals as the, “Board.” The Board is an the appellate body with in the United States Department of Justice and hears appeals from decisions of the Executive Office of Immigration Review also known as the Immigration Courts. The Board also reviews some decisions of the United States Citizenship and Immigration Services.
The enforcement of United States immigration law through the immigration court system is an administrative process and is not considered judicial. The Board of Immigration Appeals – often referred to as the "BIA" or "Board" – is the highest administrative body. In this article we will refer to the Board of Immigration Appeals as the, "Board."
Based on a memo from the Obama administration dated June 15, 2012, a new policy will be effective immediately; certain young people who were brought to the United States through no fault of their own as young children and who meet specific qualifications will not be removed from the United States or sent to the Immigration Court for removal proceedings.
The intending immigrant goes before the Board by the filing of an appeal from a decision of the immigration judge. The government may also file an appeal with the Board. Filing an appeal to the Board is the final step in an administrative process. Further action taken in the case will be before the United States Court of Appeals.
The government of the Republic of Panama has established a new immigration category, which will enable foreigners of certain nationalities to have a permanent residence in the within the Panamanian national frontiers.
The question of jurisdiction is a hurdle that must be scaled before the court may consider any other question on review. The petitioner must present to the court a basis for its jurisdiction in law and in fact. Sanctions may be imposed against a petitioner who files a frivolous jurisdictional argument with the court.
When you are immigrating to the United States or when you have a family member that needs to immigrate to the United States, Seattle immigration lawyers can help. Seattle immigration lawyers work with clients on a number of different immigration issues and can provide assistance with both obtaining temporary permission to remain in the U.S. and with becoming a permanent resident or citizen of the country.
When looking to apply for a visa, it is likely that you will have considerable questions. From wondering which category is best suited for you to the qualifications, it is important that you have all of the information at hand to ensure that the process is as seamless and effective as possible.
If you are planning on visiting any country, it is always helpful to be familiar with the rules governing the import and export of currency and other securities. In Russia these issues are regulated by Federal Law from 10.12.2003 No.173-FZ “On Currency Regulation and Currency Control” and Customs Legislation.
The period of stay for foreign citizens in Russia is, as a general rule, limited. Citizens of countries from within the CIS and who are visiting Russia via a visa-free regime are permitted to remain in Russia for personal reasons for a period of up to 90 days, but are required to exit the country before the expiration of this 90-day period. The number of times they are permitted entry into Russia over the course of a year is not limited.
On Jan. 1, 2010, a single social tax was replaced with insurance premiums paid into the Pension Fund of Russia, the Social Insurance Fund of Russia and Funds for Mandatory Medical Insurance. At its very core, the new premiums do not differ much from the previous system of taxation and represents a tax on wages that the employer pays so the state can provide for the material interests of employees upon retirement, disability, pregnancy, parenthood, as well as the need for medical care.
A Guide on the Order of Obtaining Russian Invitations and Visas for Foreign Citizens to Enter Russia
1. Categories of foreign citizens permitted to visit Russia without a visa. - In accordance with migration legislation of the Russian Federation, entry into the territory of Russia by a foreign citizen requires a valid visa. However this rule does not apply to all foreign citizens. Foreigners who are permitted to enter the country without a visa can be divided into the following categories:
Foreigners are known to cross the Russian border with a valid visa. However, this rule is not applied to all foreign citizens. There are instances where a foreigner may enter Russia without a visa. Citizens of countries within the CIS have the right to enter and remain on the territory of the Russian Federation for personal reasons for a period of up to 90 days.
Citizens of around 20 countries are now allowed to apply for a permanent resident visa with lower investment requirements. Executive Order 343 of 16 May 2012 was published in the Official Gazette, "which creates the sub-category of Permanent Resident in the form of foreign nationals from specific countries which maintain friendly, professional, economic, and investment relationships with the Republic of Panama within the immigration category of Permanent Resident."
Under Italian law extradition is regulated by Law and international conventions. In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state).
Unlike the L2 visas, the spouses of H1B visa holders are not allowed to work. Speaking to many of the spouses on such visas, the Shah Peerally Law Group PC has decided to start a campaign to advocate for the spouses (H4 holders) to be able to work and be more independent. As such we are looking for testimonials of those suffering from the "unfortunate" conditions of being on H4 visa. Examples of the hardships can be:
Immigrating to the United States can be a challenging prospect as there are many legal requirements to navigate. Seattle immigration attorneys can assist you with the process of determining what method of immigration to use and can answer all of your questions about green cards, visas, the naturalization process, amnesty and other issues related to immigration.
Kadmos Consultants welcome recent comments of the President of the Upper tribunal questioning the legality of the new requirement of the immigration rule making settlement applications for Work Permit holders subject to an arbitrary minimum wage benchmark. Kadmos Consultants are happy to announce another stepping stone in their fight for the rights of migrant workers.
By Jaburg Wilk
ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.
This article explains the statutory requirements for a joint venture in Ghana involving a foreign partner. Under the laws of Ghana, a foreign investor or company may collaborate with a Ghanaian businessman or company through a joint venture agreement.
Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic should note that Dominican Republic real estate laws and regulations particularities make it preferable to conduct a due diligence and review process through independent counsel in order to verify legal and tax status of the property before any formal decisions or payments are made.
Temporary Protective Status (TPS) is now available to Syrian Nationals and persons who are residents of Syria. The USCIS published notice that Syrian nationals are now eligible to apply for Temporary Protective Status (TPS) - as of on March 29, 2012 and until the September 25, 2012.
Introduction - The proposed changes in the processing of the I-601 Waiver will significantly reduce the time that United States citizens and permanent residents are separated from immediate relatives. In some cases the immediate relative may remain in the United States while the waiver is being processed.
Immigration and Nationality Act (237(a)(1)(H) gives the Immigration Judge the discretion to waive the removal of an immigrant who procured a visa through fraud or misrepresentation. In making a discretionary finding, the Immigration Judge had to balance the alien's undesirability as a permanent resident with the social and humane consideration present. The law requires the alien to have a qualifying relative who does not have to be alive when the deportation proceedings are initiated.
Extreme Hardship,” for immigration purposes is hardship caused to the qualifying family member that is directly or indirectly caused by the inadmissibility of the alien from the USA. The qualifying family member must be a United States Citizen or Permanent Resident of the United States.
Information for this series of articles is taken from the USCIS Adjudicators Field Manual (AFM). The manual provides guidelines to the immigration officer (AKA the adjudicator) who conducts interviews and reviews applications submitted by permanent residents seeking citizenship through naturalization. The manual is an excellent source of information for those seeking an immigration benefit from the USCIS.