Articles by CLINIC
On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility. The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview. The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S.
County clerks in a number of states have refused to issue marriage licenses to undocumented immigrants. The clerks argue that federal law requires marriage license applicants to provide a Social Security number. Undocumented immigrants, who are not eligible to apply for a Social Security number, are therefore denied marriage licenses. This article explains why states cannot deny marriage licenses to undocumented immigrants.
The article addresses a number of questions.
By Charles Wheeler, Director of CLINIC's Nation Legal Center for Immigrants
Laura Dogu, Deputy Consul General, and Mark Bosse, Communications Unit Supervisor, U.S. Consulate General in Ciudad Juarez, as well as Warren Janssen, Field Office Director of the USCIS office located at the consulate, each spoke at CLINIC's annual family immigration law training in El Paso on February 5, 2008. We previously circulated Mr. Janssen's remarks. The following is a summary of the updated information provided by the State Department.
Regardless of what legalization program is eventually enacted and implemented, applicants will need to submit supporting documents to establish that they qualify. What documents are likely to be needed? What is the best way to organize them? How should clients now be counseled on ways to gather these documents? By looking at the prior legalization under the Immigration Reform and Control Act (IRCA) of 1986, and at the current proposals, we can estimate what may be required once a new legalization program is enacted.