The President’s executive reforms to the U.S. immigration system make a number of very positive changes that have the potential to help millions of people. Although we have written about various components of the reforms individually, we have summarized six major portions here in one place. Benach Collopy will be offering several free community meetings throughout December and will be offering reduced fee consultations for people who may benefit from these reforms.
In June 2013, Immigration Briefings, a West publication serving lawyers, published Dree Collopy’s article entitled “I-601A Provisional Unlawful Presence: A Practitioner’s Guide for Preserving Family Unity.” (June2013_IB) Intended to help attorneys navigate the new legal landscape of the I-601A provisional waiver, Dree’s article demonstrates Dree’s expertise in hardship waivers and skill in getting the most for her clients. (PS- That’s Dree in the middle, getting an award!) The article identifies the problems that the I-601A provisional waiver was meant to solve and the practical step lawyers should follow to ensure that they prepare a proper application.
The optimism and hope that have been generated by all of the hype around immigration reform has been intense. Every day, a new prominent political figure comes out in favor of immigration reform. Look, Sean Hannity! Condoleeza Rice! Was that closet really big enough for Fox News Chairman Roger Ailes? Eric Cantor and John Boehner now support the DREAM Act after voting against it in 2010!
Over the last few weeks we have answered dozens of questions about the provisional waiver. One group of questions keeps appearing- questions about how people in removal proceedings or with a removal order can qualify for the provisional waiver. Whereas, the initial rule announced by the Department of Homeland Security indicated that the provisional waiver would be unavailable to people in removal proceedings, the final rule is somewhat more forgiving.
Today, the USCIS finally published the much-awaited rule on the unlawful presence waiver (I-601A), which will take effect on March 4, 2013. We previewed this development in this blog in October 2012. This is an enormous development. The so-called stateside waiver process will allow thousands of immigrants to take the steps to regularize their immigration status. The new waiver provisions do nothing to change the substantive requirement that an immigrant demonstrate that the denial of her permanent residence would cause extreme hardship to her U.S.