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← Denver Colorado in the Pilot Test to Stop Deportation Proceedings Against Certain Immigrants Traveling on the Visa Waiver?: The Nuts and Bolts of ESTA → The information you obtain on this blog is not, nor is it intended to be, legal advice regarding a specific immigration law matter. You should contact an attorney for individual advice regarding your own situation. This site is also not a solicitation and is intended to provide general information. The information provided at this site does not create an attorney-client relationship. You should not rely on any information found on this blog as a substitute for detailed legal analysis of your particular immigration law matter. Big News on I601 “Extreme Hardship” Waiver or Pardon: Some Are Moving StatesideMarch 19, 2012On January 12, 2012, the US Department of Homeland Security announced a proposed changed in a regulation governing the process for I601 “extreme hardship” waivers or “pardons” as they are referred to sometimes. This proposed change is HUGE and positive, given the byzantine nature of how it currently works today. First, an I601 Waiver is a procedure to waive certain grounds of inadmissibility that prevent persons from entering the United States. It is based on a qualifying relationship and requires a showing of “extreme hardship” to the qualifying relative. The procedure is currently the following: If the foreign national is standing in the US, the waiver will be adjudicated in the US by the local office or court where the foreign national is living. If the foreign national is abroad, the waiver is adjudicated by a USCIS office for the designated region. For instance, in a waiver for a foreign national in Venezuela goes to Panama. A waiver for a foreign national in Morocco is adjudicated in Rome. There are multiple problems with these abroad USCIS offices: the regulations never provided a clear definition of “extreme hardship” and so the standards have varied wildly from location to location; and second, the time it takes from transferring a case from the Embassy to the USCIS office abroad and back and the adjudication backlog itself – it can take in most instances 6 to over 12 months to get the individual approved and back into the US. The rule proposes to eliminate adjudication of these waivers at these abroad offices for immediate relatives, who are processing abroad and instead have these waivers adjudicated IN the United States. It has also been clarified by USCIS that the proposed rule, due in Spring 2012, will only be applicable for violations involving three and ten-year unlawful presence bars and not apply to those with criminal bars or other admission problems. It will also only be available to spouses and children of US citizens. This proposed change in the location of the waiver adjudication will particularly have a positive impact on those processing their immigrant visas in Ciudad Mexico due to the huge backlogs and random violence occurring in that country. But, it is positive step for all those who will qualify and reflects the Obama administration’s effort to keep families reunited who are attempting to obtain legal residence. This entry was posted in Family Immigration and tagged extreme hardship waiver, I601 waiver, waiver in the US. Bookmark the permalink. ← Denver Colorado in the Pilot Test to Stop Deportation Proceedings Against Certain Immigrants Traveling on the Visa Waiver?: The Nuts and Bolts of ESTA →125 Responses to Big News on I601 “Extreme Hardship” Waiver or Pardon: Some Are Moving Stateside
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Hi my name is Anthony Venegas I live in west covina Ca. Im wondering is there any consideration with this change. for like my self who turned in a waiver for my wife on march 28th 2012. and she has been in mexico since her first interview on january 10,2012?