The Board of Immigration Appeals has finally given in to the overwhelming weight of the opinions of nine circuit courts of appeals (there are only 12 of them) and accepted the proposition that a permanent resident who received his residence through adjustment of status and was later convicted of an aggravated felony may seek a waiver of inadmissibility under Immigration & Nationality Act sec. 212(h). In Matter of J-H-J-, 26 I.&N.
Last week, we had another I-601A provisional waiver approved. This makes us 6 for 6, so far, with a few more pending. We have learned quite a bit in the past 18 months or so that we have done provisional waivers. Don’t underestimate your own hardship. We think that people endure a lot of hardship and have grown accustomed to it and accepted it as the normal state of affairs rather than recognizing that things could be better.
At a time of year when we honor togetherness and fresh starts, we are comforted to know that Benach Collopy clients, Kira and her four-year-old son Ricky, have finally been granted asylum and are reunited with their husband/father, Andre, here in the United States.* This family of faith was torn apart by targeted and systematic violence at the hands of the M-18 gang, the de facto government in Guatemala, all because they preached about peace and encouraged non-violence in their community – in the eyes of the M-18, a message of disloyalty and dissidence that needed to be eradicated.
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.
Another positive development included in the President’s administrative reforms to U.S. immigration laws is the proposed expansion of the provisional waiver program, which the President initiated in 2013. The provisional waiver, as initially introduced allowed the spouses and children of U.S. citizens to seek a waiver of inadmissibility for the three and ten year bars due to unlawful presence to seek a waiver in the U.S.
Nearly two years since the announcement of the provisional waiver of inadmissibility, known as the I-601A extreme hardship waiver, we have learned quite a bit about the people that need this waiver and the way the government is processing them. Here are the top five things we have learned: The process has transformed lives. We have witnessed families emerge from desperation and hopelessness to seize the opportunity to take charge of their lives.