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6 Things You Need to Know About Deferred Action and DREAM Act Students

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, Processing of Applications and Petitions Leave a comment

President Obama Takes Important Step to Help Immigrant Youth

 

Today President Barack Obama announced that his administration will suspend deportation (“deferred action”) and grant work authorization to DREAM Act-eligible youth, effective immediately. These youth, who were brought to the United States at a young age, have been living in limbo as Congress plays political football with their lives by failing to pass theDREAM Act and give them a pathway to legal status. Though the president’s action cannot grant permanent legal status, it is a significant step forward that will give piece of mind and the ability to work to a significant group of people.

The president’s announcement raised some questions, so we offer some clarity below by listing six things that you need to know about deferred action and DREAM Act students:

1. Does the president have the authority to do this? Yes. Deferred action is a type of prosecutorial discretion available to the president as part of routine immigration law. It allows the president to stop or suspend the deportation of an individual and to grant that person work authorization. Presidents from both parties have used deferred action frequently since 1971.

2. Who is eligible for deferred action? Similar to the provisions of the House-passedversion of the DREAM Act in 2010, anyone who came to the United States before age 16, and is over age 14 and under age 31 on June 15, 2012, is eligible if they have been in the United States for at least five years, are in or have completed high school, are in the armed services currently or have been honorably discharged, and have not been convicted of a felony, significant misdemeanor, or multiple misdemeanors. Individuals under 15 years old who are in, or get placed in removal proceedings, are also eligible to apply.

3. How many people are eligible? Up to 1.4 million people will qualify. DREAMers not already known to the Department of Homeland Security will be able to come forward and apply for the deferred action.

4. Isn’t this amnesty? Absolutely not. Deferred action is only a temporary two-year status; it is not permanent residency. It isn’t a reward for anything, and it does not allow any immigrant to bring over their family members. Further, it does not bring a single extra person into the United States. These youth already live here. DREAMers will be able to apply for this status, and it will be decided on a case-by-case basis. This is not a blanket form of relief.

5. Will this policy encourage more illegal immigration? No. This policy is neither a magnet for undocumented immigration nor a long-term solution to the problem. Only individuals who have been in the country for five years before today are eligible to apply for this temporary protection. It merely allows qualifying individuals to stop looking over their shoulder and start looking toward their future until Congress can overcome its paralysis.

6. Do we still need Congress to pass the DREAM Act? Yes! The president’s announcement gives only temporary legal status to DREAM Act-eligible youth, and it can be revoked with the stroke of a pen by the next president. Only Congress can pass a law—the DREAM Act—to protect these students permanently and give them a pathway to citizenship.


DHS: Deportation proposal could cost $585 million

Posted on by Ruby Powers in DREAM Act, Immigration Law, Legislative Reform, Processing of Applications and Petitions Leave a comment

By ALICIA A. CALDWELL, Associated Press – 1 day ago

WASHINGTON (AP) — The Obama administration’s new plan to grant temporary work permits to many young, illegal immigrants who otherwise could be deported may cost more than $585 million and require hiring hundreds of new federal employees to process more than 1 million anticipated requests, according to internal documents obtained by The Associated Press.

The Homeland Security Department plans, marked “not for distribution,” describe steps that immigrants will need to take — including a $465 paperwork fee designed to offset the program’s cost — and how the government will manage it. Illegal immigrants can request permission to stay in the country under the plan by filing a document, “Request for Deferred Action for Childhood Arrivals,” and simultaneously apply for a work permit starting Aug. 15.

Under the new program, which President Barack Obama announced last month, eligible immigrants must have arrived in the U.S. before their 16th birthday, are 30 or younger, have been living here at least five years, are in school or graduated or served in the military. They also must not have a criminal record or otherwise pose a safety threat. They can apply to stay in the country and be granted a work permit for two years, but they would not be granted citizenship.

The internal government plans obtained by the AP provide the first estimates of costs, how many immigrants were expected to participate and how long it might take for them. It was not immediately clear whether or under which circumstances any immigrants would not be required to pay the $465 paperwork fee. The plans said there would be no waivers, but Homeland Security Secretary Janet Napolitano told Congress last week that the government would grant waivers “in very deserving cases.” She said details were still being worked out.

“We anticipate that this will be a fee-driven process,” Napolitano said.

A spokesman for the Homeland Security Department, Peter Boogaard, said the plans obtained by the AP were “preliminary documents” and the process is still being worked out. Boogaard said processing immigrant applications under the program “will not use taxpayer dollars” because of the fees that will be collected.

Fee waivers could dramatically affect the government’s share of the cost. The plans said that, depending on how many applicants don’t pay, the government could lose between $19 million and $121 million. Republican critics pounced on that.

“By lowering the fee or waiving it altogether for illegal immigrants, those who play by the rules will face delays and large backlogs as attention is diverted to illegal immigrants,” said House Judiciary Committee Chairman Lamar Smith, R-Texas. “American taxpayers should not be forced to bail out illegal immigrants and President Obama’s fiscally irresponsible policies.”

U.S. Citizenship and Immigration Services estimated it could receive more than 1 million applications during the first year of the program, or more than 3,000 per day. It would cost between $467 million and $585 million to process applications in the first two years of the program, with revenues from fees paid by immigrants estimated at $484 million, according to the plans. That means the cost to the government could range from a gain of $16 million to a loss of more than $101 million.

The government estimated that as many as 890,000 immigrants in the first year would be immediately eligible to avoid deportation. The remaining 151,000 immigrants would likely be rejected as ineligible.

The plans estimated that the Homeland Security Department could need to hire more than 1,400 full-time employees, as well as contractors, to process the applications. Salaries were included in the agency’s estimates of total program costs.

Once immigrants submit their applications, it could take between two and 10 days for the Homeland Security Department to scan and file it. It could take up to four weeks longer to make an appointment for immigrants to submit their fingerprints and take photographs. A subsequent background check could take six more weeks, then three more months for the government to make its final decision before a work permit would be issued.

Napolitano said new information about the program should be made available by Aug. 1. She has said immigrants would generally not be detained by immigration authorities while their application is pending.

Alicia A. Caldwell can be reached on Twitter at www.twitter.com/acaldwellap


Department of Homeland Security’s Deferred Action Status program – Applications can be submitted starting August 15, 2012

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, Processing of Applications and Petitions Leave a comment

NOTES FROM A RECENT WEBINAR REGARDING DEFERRED ACTION STATUS – Posted on July 21, 2012

Immigration Attorney – Ruby L. Powers

The official commencement date for the program is August 14, 2012, but the applications cannot be submitted until August 15, 2012.

 

I. PUBLIC SAFETY Concerns: 

GANGS

·         You must distinguish between Member vs. Associate

·         If Member, was it Prior or Active?

·         ICE will rely on intelligence from local gang task forces and federal databases

·         It will be very difficult to clean up record if any prior gang participation

 

PARTICIPATION IN CRIMINAL ACTIVITIES (even if no conviction). DHS will look at:

·         Admissions in Plea Agreements (can be a negative factor)

·         Admissions to a DHS officer (can also be used against applicant)

·         Admissions on applications 

·         Rap Sheet

 

JUVENILE DELINQUENCY

·         DHS will look at any unlawful behavior the applicant committed as minor. It is not yet clear what will DHS do, since juvenile offenses are not considered a conviction under the INA, but no doubt it will be a detrimental factor that the applicant will have to overcome with his other equities.

 

RISK OF DETENTION

·         DHS made it very clear that detention is a risk for any person subject to Mandatory Detention, plus others they can choose at their discretion.

II. FRAUD

·         DHS made it very clear that they will actively and aggressively pursue with criminal charges and Removal any misrepresentation or fraud on the application. As far as previous misreps (like photo-switched passports), they will go on a case-by-case basis. There will be NO waiver for false claims of USC after 1996.

III. EDUCATION

·         Applicants will be eligible as long as they are enrolled in school or a GED program at the time of application. There are other ways to be eligible for the education component.

 

IV. MISCELLANEOUS

·         DHS confirmed that there would be a form and a fee. They hope to have the form by August 1, 2012, but the date is not “set in stone.”

·         EAD fee is $380. Biometrics fee is $85. 465 TOTAL

·         Unclear so far whether they will accept I-912 Fee Waiver Request

·         DHS will apply “totality of circumstances” standard to applications. The more equities, the better.

·         Unclear whether “confidentiality” standard (like asylum and VAWA) will be honored. 


Immigration attorneys ‘bombarded’ after Obama policy announcement

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration or Notario Fraud, Immigration Trends, Legislative Reform Leave a comment

“It is important that people not do anything until it is clear what the actual process is to apply,” Abdin said. “We don’t want them to fall prey to notaries or attorneys who are only after money and are not really going to be helping them.”

Abdin and other immigration attorneys urged undocumented immigrants hoping to qualify under the policy to start gathering paperwork that would prove they meet the requirements outlined by the government, such as birth certificates, passports, Texas or consular IDs, school or vaccination records.

More..


Fact Sheet: Transforming the Immigration Enforcement System Release Date: June 15, 2012

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Interior Enforcement, Legislative Reform Leave a comment

Direct Link

Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.  As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders, we have taken a number of steps to transform our immigration enforcement system.

  • April 30, 2009: U.S. Immigration and Customs Enforcement (ICE) released a new worksite enforcement strategy which moved away from large worksite raids and toward more effective auditing and investigations.
  • July 10, 2009: Secretary Napolitano announced reforms to the 287(g) program, including increased training, data collection, and the standardization of the agreements with state and local law enforcement agencies.
  • August 2009: DHS created two new offices within ICE, the Office of Detention Policy and Planning as well as an independent Office of Detention Oversight, to focus on oversight and provide specific attention to detainee care. ICE also established two advisory boards of national and local stakeholders.  These working groups have met for nearly three years and provide feedback to ICE on a variety of detention issues. You can learn more about the numerous detention reforms implemented by ICE, by clicking here.
  • September 2009: ICE issued new protocols to increase transparency in the reporting and notification of detainee deaths.
  • January 4, 2010: ICE revised its policy for granting parole to individuals found to have a credible fear of persecution if they establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors weighing against release.
  • June 30, 2010: ICE Director John Morton issued a Memorandum entitled “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens” articulating ICE’s commitment to prioritizing the use of its enforcement personnel, detention space, and removal resources to promote national security, public safety, and border security—with the removal of aliens who pose a danger to national security or a risk to public safety constituting the highest enforcement priority.
  • July 2010: ICE launched the first-ever online detainee locator system enabling attorneys, family, and friends to find a detainee in ICE custody and to access information about the facility, including its location and visiting hours.
  • August 20, 2010: ICE issued a Memorandum entitled “Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions”—outlining a framework for ICE to request expedited adjudication of an application or petition (I-130) for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services (USCIS) if the approval of such an application or petition would provide an immediate basis for relief for the alien.
  • June 17, 2011: On June 17, 2011, ICE Director Morton issued a new memorandum that provides guidance for ICE law enforcement personnel and attorneys regarding their authority to exercise prosecutorial discretion where appropriate to ensure greater consistency in the treatment of individuals who do not fit within ICE’s enforcement priorities.
  • June 17, 2011: ICE, in consultation with the DHS Office of Civil Rights and Civil Liberties, developed a new policy designed to protect victims of domestic violence and other crimesand to ensure that these crimes continue to be reported and prosecuted. This policy directs all ICE officers and attorneys to exercise appropriate discretion to ensure that victims of and witnesses to crimes are not penalized by removal.
  • August 18, 2011: ICE initiated an unprecedented review of all immigration cases pending in the immigration courts and incoming cases. fact sheet
  • November 7, 2011: USCIS issued revised guidance on referral of cases to ICE and issuance of NTAs.
  • November 17, 2011: ICE issued further guidance on how they would conduct the case by case review.
  • January 4, 2012: ICE issued a new policy related to transferring individuals between detention facilities that established that if an individual has family-members or counsel nearby, he/ she will not be transferred absent extraordinary circumstances.
  • February 2012: ICE issued its detention standards, now known as the Performance-Based National Detention Standards 2011, to improve medical and mental health services, increase access to legal services and religious opportunities, improve communication with detainees with limited English proficiency, improve the process for reporting and responding to complaints, and increase recreation and visitation.
  • February 7, 2012: ICE announced the creation of their first Public Advocate to assist individuals and community organizations in addressing complaints and inform stakeholders of ICE policies and initiatives.
  • March 13, 2012: ICE opened its first-ever designed and built civil detention center in Karnes City, Texas. The Karnes County Civil Detention Center is a civil immigration detention facility for low-risk, minimum security detainees.
  • May 2012:  ICE, in collaboration with the DHS Office for Civil Rights and Civil Libertiescreated new trainings for state and local law enforcement on issues related Secure Communities. The goal is to provide actionable information to state and local law enforcement about the civil rights and civil liberties issues that may arise when ICE begins using federal information sharing capability through Secure Communities in their jurisdictions.
  • May 2012: ICE, after consultation with the DHS Office for Civil Rights and Civil Liberties, promulgated a new directive on Sexual Abuse and Assault Prevention and Response in order to comprehensively address and clarify procedures at the agency level relating to investigation, coordination, and response of sexual assault and abuse in immigration detention facilities.
  • May 17, 2012: DHS announced it would undertake its own rulemaking to apply the Prison Rape Elimination Act (PREA) to immigrant confinement facilities, building upon the zero tolerance policy for sexual assault and abuse in confinement facilities that DHS previously adopted.
  • June 15, 2012: Secretary Napolitano announces that effective immediately, certain young people who were brought to the United States through no fault of their own as children, do not present a risk to national security or public safety, and meet several key criteria will be eligible for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal. Click here for the press release.

Obama Offers Two Years of ‘Deferred Action’ to Illegal Immigrants

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Those who are in the U.S. illegally, but meet certain criteria, won’t face prosecution

Some young illegal immigrants living in the United States will be eligible for a reprieve from federal prosecution, according to a Friday announcement by the Obama administration.

It’s a move ripe with election year politics as both President Obama and Republican challenger Mitt Romney ramp up efforts to woo Hispanic voters ahead of the November presidential election.

Republicans have made hay out of the fact that Obama promised comprehensive immigration reform would be one of his top priorities in the White House and yet, in reality, he prioritized healthcare legislation instead. They say he never delivered for Latinos.

[See a collection of political cartoons on immigration.]

Friday’s announcement, made by Department of Homeland Security Secretary Janet Napolitano, is certainly aimed at placating disappointed Hispanic voters but also continues an effort her agency has made to change America’s deportation priorities.

Napolitano said the move is “consistent with our existing use of prosecutorial discretion” despite cries from some conservatives that it is unconstitutional.

Immigrants who were brought to the United States before the age of 16, who have lived here for at least five years, are in school, have a high school diploma or GED, or were honorably discharged from the military and are younger than 30 are eligible for the “deferred action,” she said during a conference call with reporters. In addition to deferred action on deportation, many young illegal immigrants would be eligible for work permits.

Verifiable documentation must be provided, and those with felonies or extensive criminal records are not eligible.

[Romney ‘Still Deciding’ on Immigration Stance]

“Over the past three years, the administration has undertaken an unprecedented effort to transform our nation’s immigration enforcement system into one that focuses on public safety, border security, and on the integrity of the immigration system,” Napolitano said.

The Obama administration, which has already deported more illegal immigrants than did the George W. Bush administration, has focused its efforts on those who pose a danger to national security, are a risk to public safety, or those with serious or multiple criminal convictions, she said.

About 90 percent of last year’s deportations applied to those kinds of illegal immigrants, Napolitano said. Immigrations enforcement officials were also given the discretion to close low-priority cases last year so they could focus resources on dangerous individuals.

Napolitano was also quick to point out that this deferred action, which would initially be for a period of two years, would “not provide permanent lawful status or start them on a pathway to citizenship” and “is well within the framework of our existing laws.”

“This grant of deferred action is not immunity. It is not amnesty,” she said. “It is an exercise of discretion so that these young people are not entering the legal system. It will help us continue to streamline immigration enforcement.”

[Rubio’s DREAM Act Gamble]

Sheriff Joe Arpaio of Arizona, an outspoken critic of the Obama administration, said on CNN on Friday that the move amounted to a “first step towards amnesty.”

“I’m just more concerned about the politics of this,” he said. But, he added, if the president’s move prompts Congress to move forward with an immigration reform plan, it’s a good thing.

Arizona is one of several states to enact aggressive state policies on removing illegal immigrants because they feel the federal government has failed to adequately address the problem. The Supreme Court is expected to rule on the constitutionality of Arizona’s immigration law this summer.


STARS Act Highlights Potential Pitfalls of Rubio DREAM Proposal

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

When news broke yesterday that a Florida congressman introduced an alternative version of the DREAM Act, many assumed it was Sen. Marco Rubio, who has been promising for months to introduce such legislation. In fact, the bill in question—dubbed the STARS Act—was introduced by Rep. David Rivera, a member of the House who introduced similar legislation (the ARMS Act) last January. Although Rivera’s proposals would benefit fewer people than the original DREAM Act, they would put qualified applicants on a path that would ultimately lead to permanent residency. From that perspective, they differ significantly from the proposal Senator Rubio has been discussing, which reportedly does not include a dedicated path to permanent residency.

More..


Almost-deported valedictorian Daniela Pelaez helps introduce immigration reform bill

Posted on by Ruby Powers in DREAM Act, Immigration Law, Legislative Reform Leave a comment

By James Eng, msnbc.com

A little more than two months after she came close to being deported, high school valedictorianDaniela Pelaez joined a Florida congressman on Capitol Hill on Wednesday as he introduced a bill to allow undocumented students to remain in the U.S. if they get a college degree.

 

More..


Obama pledges immigration reform early in 2nd term

Posted on by Ruby Powers in Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Obama pledges immigration reform early in 2nd term

CARTAGENA, Colombia (AP) — In his most specific pledge yet toU.S. Hispanics, President Barack Obama said Saturday he would seek to tackle immigration policy in the first year of a second term. But he cautioned that he would need an amenable Congress to succeed.

“This is something I care deeply about,” he told Univision. “It’s personal to me.”

Obama said in the television interview that he would work on immigration this year, but said he can’t get support from Republicans in Congress. Obama also tried to paint his Republican presidential challenger, Mitt Romney, as an extremist onimmigration, saying that Romney supports laws that would potentially allow for people to be stopped and asked for citizenship papers based on an assumption that they are illegal.

“So what we need is a change either of Congress or we need Republicans to change their mind, and I think this has to be an important debate during — throughout the country,” Obama said.

Romney aides have said that the former Massachusetts governor supports laws that would require employers to verify the legal status of workers they employ.

“President Obama only talks about immigration reform when he’s seeking votes,” said Romney spokeswoman Andrea Saul. “Then-candidate Obama promised to tackle immigration reform in his first year. More than three years into his term, America is still waiting for his immigration plan.”

Hispanics are an increasingly important voting bloc in presidential elections. Obama won a sizable majority of the Hispanic vote in the 2008 election and his campaign is hoping for similar results this November.

Obama spoke to Univision, a network widely watched by Latinos in the United States, while in Colombia for the Summit of the Americas.


Foreign-Filed I-601 Waivers: New Procedure starting late Spring/Early 2012

Posted on by Ruby Powers in Consular Processing, I-601 Waivers, Immigration Law, Immigration Trends, Legislative Reform, Processing of Applications and Petitions 2 Comments

In a teleconference on March 9, 2012, USCIS announced plans to transition all usually foreign filed I-601 applications for unlawful presence, criminal, misrepresentation, and other kinds of inadmissibility waivers to one central Lockbox filing location in the U.S. The practice now is to submit the waiver filing with the USCIS office connected to the foreign consulate. The current process has resulted in a lot of delays and longer wait times for a final decision at certain consulates who have less adjudicators available to decide the waivers. In theory, this will be better for applicants if they can reduce the average wait time and the efficiency of adjudication.

 

Please note: This new process Foreign-Filed Waiver Lockbox procedure has nothing to do with the provisional waiver process that should be in effect by late 2012 and proposed earlier in the year.

 

What this new process would do:

 

Procedural change

 

Waiver applications can only be submitted to the Lockbox in the US after the applicant has attended the immigrant visa interview abroad at the consulate and the consulate officer determines that the applicant is eligible to file a waiver. The waiver would be filed with the Lockbox, in Phoenix, which forwards the petition to the USCIS Nebraska Service Center for adjudication. USCIS expects to train 26 officers on waivers to handle the expected increased workload.

 

Proposed Benefits to this new process:

 

  • Should be faster for applicants – Goal is adjudication in 6 months.  They also hope a new centralized place to submit the foreign filed waivers should stop great variations on processing times at different consulates; overseas offices cannot grow easily – some USCIS offices abroad only have one officer to decide these case and the backlogs created are inevitable.  In contrast, service centers are huge (can pull staff from other units) and can respond quickly to increases in receipts of applications to avoid backlogs. 14 officers will start at NSC and will add more for a total of 26 to handle over 23,000 waivers submitted each year.  Right now there are 4 adjudicators in Mexico and in some cases 1 in other offices.
  • Case status info will be available online through USCIS’s website once the application is filed and receipted. This is a great addition and only available currently with some offices.
  • All cases will be adjudicated in order of being received.
  • Process applies to all I-212s (Advance Permission to Reapply After Removal Packages) filed with Inadmissibility Waivers as well. I-212 waivers can be sent to the Lockbox or still filed with the local offices.
  • E -notification will be available – if you provide email address – can get receipt number emailed to you.
  • Implementation of this new policy is expected in late spring, early summer 2012, around Memorial Day.

 

Other important notes:

  • Estimates of 23,000 waivers per year with 26 adjudicators allows 885 waivers to be reviewed per adjudicator per year. 885 waivers in 252 business days in a year is an average of 3.5 waivers per day, per adjudicator, or about 2.5 hours spent on each case. A great improvement on certain offices now with 1 adjudicator.
  • Concurrent I-130 and I-601 filing is not available.
  • The concurrent I-485 and I-601 filing procedures will not change – Follow the local filing instructions.
  • Applicants cannot apply from Havana – must file with intrasection there (only 10 cases a year)
  • There could be certain situations overseas where USCIS offices are available and could be faster for expedites than lockbox decisions which are expected to take no more than 6 months on average.
  • Transition period for CDJ (Juarez) cases – between 75-79% are filed at CDJ. Now takes two months to review if instantly approvable. If not, the case referred to another office to adjudicate.  For the first six months of this new process, the applicant will have the choice to file at a Lockbox or at CDJ. After this, will then all go to Lockbox filings. So the CDJ Pilot Program will be over within 6 months of this procedure coming in effect.
  • As of today’s teleconference, USCIS is not sure if it will be transferring pending cases from consulates at the time the new procedure becomes effective or if USCIS offices abroad will continue to decide those pending cases.
  • Refiles as the Lockbox if the NBC denies the case will be available if the applicant chooses this route instead of appealing the denial to the USCIS Administrative Appeals Office which could take over a year.
  • LockBoxSupport@dhs.gov – for questions and to inquire about the lockbox status.
  • The main reason the waivers will be rejected will be for lack of signatures (must be original), lack of proper fees, and missing information like name, address, and DOB.  Must follow directions for submitting form with most recent directions.
  • Do not file the waiver before the interview or it will be denied.  An applicant may not file the waiver until they are given permission at the visa interview.
  • Officers conducting the visa interview will send inadmissibility and case information visa an electronic database to the Nebraska Service Center (NSC) so adjudicators will have the case information readily available.
  • If waiver submissions are duplicated (ex: one foreign filed and one US filed), the duplicated waiver will be sent to NSC so one officer will adjudicate the two waivers.
  • Additional evidence should be sent to the NSC, not to the Lockbox.
  • Not all of the officers are experience adjudicators, but they will be receiving training. If outside support is necessary, the support team will also receive training before they start adjudicating.
  • Applicant will receive decision by mail.
  • If waiver is denied and person chooses to refile instead of appeal, they applicant will not need a second interview but will be able to send a new waiver to the Lockbox.

 

 

Expedites:

 

  • Requests need to be made in writing and sent to the Lockbox.
  • Expedite request requirements will be the same as before.
  • No notification will be provided if denied
  • Cases needing immediate attention to adjudicate the I-601 will have to be discussed with eh consulate interviewing officer.

This is a positive step in streamlining how waivers are adjudicated and we hope that the decreased wait time will allow families to be unified faster than before.

 

Ruby L. Powers – I-601 Waiver Attorney – Houston Immigration Attorney

www.RubyPowersLaw.com

 


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