The Extreme Hardship Waiver May Have a Change Made So That 601 Waiver Applicants Will Have a Provisional Waiver Before Leaving the United States

SAN DIEGO, CA, March 01, 2012

The immigration department, also called the CIS or USCIS (U.S. Citizenship and Immigration Service) is considering making a major change to the way 601, also called I-601 or I601 waivers are dealt with. The change, if implemented, will have profound and significant ramifications for thousands of people.

A 601 waiver is used by someone who cannot be admitted into the United States for one reason or the other, and there are many. As it stands now, when a person is in the United States unlawfully by entering illegally or overstaying a nonimmigrant visa, that person has to file a waiver in order to be considered for entry. A waiver is a complex legal document that is filed along with a form I601 in order to waive, or overlook, the ground of inadmissibility. However, in the case where someone has overstayed ( a visa ) or entered illegally, he or she has to fly to their country of origin in order to have that waiver adjudicated.

The problem with the law as it stands today is that it creates unpredictable hardship for many people. Not everyone who is here illegally got into that situation intentionally. In many cases, the person entered as a child with his or her parents and remained here, in many cases, not knowing that he or she was here illegally as the person spent most of their life in America. However, once that child passes the age of 18, another section of the law called IIRIRA kicks in. If that person overstays by 6 months, he or she is subject to a 3-year bar from the United States; if the person overstayed by 1 year, he or she is subject to a 10-year bar. The same applies to a person who overstays their visa.

When the 601 waiver is adjudicated, he or she will have to fly to their country of origin in order to have an interview at the US embassy in his or her country. If that person is denied, he or she will be stuck outside the country. Let's consider the case of someone who came here as a child with his parents, who didn't ever bother to explain that they did not Adjust (=get a Green Card ) the child's status. Assume it is a male who is now 25 with children and a spouse (who may even be a US citizen). Further assume he is the sole wage-earner and his wife is caring for the kids. When he has to go for the interview, he may be stuck outside the United States for months. In the interim, his company cannot wait for him, so he is replaced, therefore losing his job and source of income. His wife may not have work skills. Even if she does, she may not have family who can watch the young children and everything she would earn could go towards day-care. In addition, she has to maintain the household alone, without a source of income or a partner. This is the problem with the law as it sits today.

The CIS is considering changing this situation by allowing the spouse, children, or parents of a US citizen who can show extreme hardship to a US citizen spouse or parent to receive a provisional waiver of the unlawful presence bars (mentioned above) before they have to leave the United States.

As of today, this step has not taken place. A lot of firms are taking on clients, telling them that they can apply for and receive this provisional waiver. However, it is not in effect now but we can only hope this change takes place soon. We all understand if the trip outside the US is removed from the equation, many people will get lost in the system when they are denied. However, this middle ground is a great first step because when a spouse is denied abroad, a family, often with children, is left stranded in the United States, having to wonder where the next payday is coming from, and often having to sell the house, car, and all of their assets in a hurry before the money runs out.

Steven Riznyk has been an immigration attorney for 24 years and his web sites are www.MyImmigrationAttorney.com, and for those with hiccups in their past, www.WaiverStrategy.com. He deals with entrepreneurs worldwide and his business law web site is www.SanDiegoBizLaw.com. He is a well-known business attorney, having served clients in 54 countries and has created the first firm in the country that is equal parts business law firm and management consulting firm. His firm is equipped to fly all over the country to help clients launch their new business from either a legal or consulting standpoint. His firm is a member of the San Diego Better Business Bureau. With one of the highest success rates in the country, his firm does not take on cases it does not feel it can win, which translates to only one of ten potential cases being taken on by the firm.

FOR IMMEDIATE RELEASE
Contact: Steven Riznyk
SR@SanDiegoBizLaw.com
(619) 793-4827 10-4 PST