By: Debbie Smith and Charles Wheeler
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. citizen spouse or parent. To be eligible, the applicant would need to have an approved I-130 or I-360 petition and have paid the immigrant visa fee bill.
The USCIS will begin receiving and adjudicating the provisional waivers on March 4, 2013. No applications will be accepted before that date. Applicants will be using a new Form I-601A, which the agency will publish sometime before that date. The filing fee for the waiver application is $585. There is no filing fee waiver available for the provisional waiver or the biometrics that are required as part of the process.
By: Charles Wheeler
CIS has just released interim guidance on age-out protection for U derivatives. Per the guidance:
- U-3 derivatives will be approved for the full four-year eligibility period, allowing the U-3 to remain in status past his or her 21st birthday
- CIS will promulgate regulations to "provide protection" for U derivatives who age-out while the 918-A is pending. In the meantime, aging-out derivatives will be considered for deferred action, which allows for work authorization
- U derivatives whose status expired upon turning age 21 may now file for an extension of status to receive enough time in U status to allow them to apply for adjustment
The interim guidance does not address derivatives who age-out abroad while the application for derivative status is pending. The guidance is effective immediately.
By Debbie Smith
The BIA issued several decisions on in the past several months addressing various asylum and withholding of removal issues. The issues addressed included the following: the particularly serious crime standard; internal relocation requirements for asylum; the commission of a serious nonpolitical crime outside the United States; and authority to terminate and review the termination of asylum status.
The Particularly Serious Crime Bar to Asylum
By Susan Schreiber
If your client is in removal proceedings and then departs the United States, what happens to the pending proceedings? After all, DHS is trying to get your client to leave and now it has. Can you just go to court, report your client's departure, and then ask the judge to terminate proceedings?
By Susan Schreiber and Charles Wheeler
CLINIC conducted its annual family-based immigration law conference in El Paso on November 14-15, followed by a tour of the US consulate in Ciudad Juarez (CDJ) on November 16. Sean Simmons, USCIS Acting Field Office Director, and Cathy Holt, Immigrant Visa Chief, US Consulate, CDJ, gave presentations and answered questions from participants. The following are some of the highlights, although these are unofficial minutes.
CLINIC congratulates the following member agencies and program staff on receiving recognition and new BIA credentials, respectively:
Center for Latino Progress, Hartford, CT, a CLINIC subscriber, received agency recognition from the Board of Immigration Appeals on 10/11/2012.
Acorn Outreach (AO) in Corvallis, Oregon, a CLINIC subscriber, has received agency recognition from the Board of Immigration Appeals
By Laura Burdick