Who says that the Department of Justice can not take a hint? Last week, Attorney General Eric Holder formally undid one of the worst legacies of the Bush administration’s immigration policy when he withdrew Attorney General Mukasey’s decision in Matter of Silva-Trevino. In Matter of Silva-Trevino, Attorney General Mukasey determined that immigration judges could take “facts” into account in determining an individual’s exportability even if those facts were never proven in a criminal proceeding.
Today, the US Citizenship & Immigration Service announced a fix to one of the more serious problems with the provisional waiver process for unlawful presence. As you may know, the CIS instituted the I-601A provisional waiver process last year to allow immigrants who are immediate relatives of U.S. citizens but are also ineligible to seek residence in the U.S. due to unlawful entry to seek a provisional waiver of inadmissibility in anticipation of seeking a visa at the U.S.