Waivers and Relief from Deportation
Immigration Appeals Court Reverses Position on Deportation Waivers
In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause… Read More
How New Guidance Improves a Waiver Program to Limit Family Separations
When President Obama announced his executive actions on immigration in November, much of the focus was on the new temporary immigration protections, namely the deferred action programs (called DACA and DAPA). Of all of the announced reforms, DACA and DAPA certainly will affect the greatest number of people, with… Read More
Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver
On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver… Read More
What Does More Discretion and Less Deportation Look Like?
Following President Obama’s announcement that administration officials will review enforcement policies to see how to make them more humane, NBC News reports that the Congressional Hispanic Caucus has compiled a list of recommendations for Homeland Security Secretary Jeh Johnson on what actions could be taken to slow… Read More
Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents
For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h)… Read More
American Immigration Council Commends Decision Expanding Availability of Hardship Waivers to LPRs
The U.S. Court of Appeals for the Seventh Circuit issued a unanimous decision that will allow more lawful permanent residents (LPRs) to avoid deportation if their removal would result in extreme hardship to family members in the United States. The American Immigration… Read More
Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. Read More
DHS Publishes New Provisional Waiver to Help Some Families Stay Together
Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving the country. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, will be published tomorrow (January 3, 2013) and become effective on March 4. Read More
Standardizing Guidelines Would Improve USCIS’s Proposed Family Unity Waiver Rule
Earlier this year, USCIS proposed a new waiver rule that would allow some unauthorized immigrants (mostly direct family members of U.S. citizens) who are applying for a green card to apply for a waiver to the 3 and 10 year bar from within the United States, minimizing the amount of time they would have to be away from their families. While many welcome this proposed rule change, there are ways in which USCIS could streamline this process. In addition to previously suggested improvements, USCIS could provide training and guidelines on the extreme hardship standard to ensure that the standard is applied consistently. The “comment period,” which is open to the public and can be used to suggest improvements to the rule, end this Friday, June 1. Read More
Expansion of Proposed Waiver Rule Could Help More Families Stay Together
As previously noted, the administration recently proposed a new rule that would help keep American families —the “Proposed Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.” This proposed rule would streamline the application process for many relatives of U.S. citizens currently eligible for a green card by minimizing the amount of time that applicants would have to be away from their families before being admitted into the United States. While the proposed rule is certainly a welcome change and would be an improvement over current procedures, there are ways in which the rule could be improved to help even more immigrants. Read More
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