Many thousands of people entered the US through a border, either Mexico or Canada, and many others entered with a visa but the entry permit (I-94) has expired. Now If any of these people are either married to a US citizen or Lawful permanent resident or is a son or daughter of a U.S. citizen or resident, he or she cannot adjust their status in the US. In other words, they must travel to the US consulate in their home country to make a proper entrance. Here’s where it all falls apart.
The 1996 Illegal Immigration Reform and Responsibility Act (IIRAIRA) created a three-year, ten year, and permanent bars on admission to the U.S. for an assortment of immigration status violations.
The three-year bar to re-entry into the U.S. applies to persons who have been unlawfully present in the United States for a continuous period of more than 180 days (6 months), but no more than one year, and who voluntarily depart the U.S. Departing the U.S. activates the bar, even if the trip is to a consular process to obtain an immigrant visa.
The ten-year bar to re-entry into the U.S. applies to individuals unlawfully present in the U.S. for a cumulative period of one year or more who depart voluntarily Unlawful presence begins to accumulate when the period of authorized stay elapses or after entry to the U.S. without inspection. In other words, you will not be permitted to return to the US for either 3 or 10 years.
Now, if you entered the United States illegally through the borders such as by sneaking in through Mexico or Canada, in almost every case, will not be allowed to receive your Green Card in the U.S. If you entered with a visa but overstayed your visa (except for immediate relatives), you will also not be allowed to receive your green card in the United States (adjustment of status).
In these cases, you will go through the process called Consular Processing. This process begins with the completion of form I-130 and filing it with the Immigration Service. After some months, if all the paperwork is correct you will receive a NOTICE OF APPROVAL. A copy of the NOTICE OF APPROVAL will also be sent to the National Visa Center. They will send you a package to complete the forms. It consists of a set of forms that sets forth the steps that you are to follow and a notice that you must establish that you will not rely on public assistance once you are in the U.S. and a form to be completed by the sponsor which is a biographical data form. You will complete the forms immediately and send to the consulate. You will then gather all the documents required and have them available when you are called for an interview.
There are limited Exception to this bar
1. If you or your parents (while you were under 21 years of age) filed a permanent visa application with the Immigration and Naturalization Service or Labor Department before April 30, 2001, you are protected from this law and will be allowed to receive your Green Card in the United States by paying a fine of $1,000. This is called Section 245(i) adjustment.
2. Children under 18 years of age;
3. Spouse children (under 21 years of age) and parents who entered with a visa;
4. Most people who filed a case with the Labor Department or the Immigration and Naturalization Service for Permanent Residency before April 30, 2001.
Understand this clearly. There is no waiver for a parent of US citizens or lawful permanent residents.
For those that fall into this category, there are limited waivers available for those that want to return in less time.
The 601 waivers are required to be submitted in order to overcome an inadmissibility bar for a prior visa overstay, misrepresentation, fraud, or certain crimes.
An immigrant visa applicant who is ineligible for a visa under INA 212(a)(9)(B) “Unlawful Presence” may not apply for a waiver unless he or she is the spouse or son or daughter of a U.S. citizen or lawful permanent resident (LPR). A waiver under INA 212(a)(9)(B)(v) will be granted in such a case only if the applicant can establish that denial of his or her admission would result in extreme hardship for the U.S. citizen or LPR.
Extreme Hardship is a vague concept and at times, difficult to prove.
The factors considered relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following: the presence of United States citizen or lawful permanent resident family ties to this country; the qualifying relative’s family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries; the financial impact of departure from this country; and, finally, significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. Matter of Cervantes, 22 I. & N. Dec. 560, 565-566 (BIA 1999).
To establish extreme hardship, it is required to demonstrate that the qualifying relative is suffering more than the usual or typical hardship that a family member would experience if their relative cannot return to the U.S. Establishing financial hardship alone is not enough. The U.S. citizen/permanent resident relative and not the non-citizen applicant must experience the hardship. It must go beyond that normally expected in cases of family separation. Successful applicants will have to demonstrate unusual hardships to the U.S. citizen/permanent resident relative, such as a major medical conditions (physical and/or mental); Relative is caring for an elderly, chronically ill, or disabled relative who needs constant care; Relative is the primary caregiver for his/her child(ren) from a prior relationship and the child(ren)'s other parent will not allow the children to be taken out of the country and the child(ren) have formed an emotional attachment to Alien lack of the U.S. citizen/permanent resident’s family ties to the applicant’s country of origin; ability to speak the applicant’s native language; financial considerations; loss of opportunity in applicant’s country of origin, etc
There are two types of I-601 Waiver:
1. I-601 Waiver is used when the beneficiary is living abroad. Learn more.
2. I-601A Waiver is used when the beneficiary is living in the United States. Learn more.
Many people, when confronted with having to file a waiver of inadmissibility, try to do it on his or her own, rather than seeking the advice or guidance of an attorney. While hiring an attorney does not “assure” approval, it certainly goes a long way in obtaining an approval; especially if the attorney has great experience in this area of the law. The determination and evaluation of extreme hardship can be a complex and complicated task. Putting together a successful presentation is also extremely important. The rewards are so high when applying for a 601-waiver applying for them because if a person is denied a fraud waiver, it could result in a lifetime ban. If the 3/10-year bar waiver is not approved, the relative may not be able to apply for a visa to enter the US for at least 10 years.
That is why when you have something as difficult as a waiver of inadmissibility, you should seek the advice and support of an immigration attorney, instead of doing it on your own. Trying to figure out how to prove “extreme hardship” by attempting to prepare the waiver on your own could have lifetime problems for your relative.
“If you want to know what color is fashionable this season, just look at this river.” A popular saying in the Zhejiang Qiantang river area of China.
Pollution is not a seasonal problem Each year that passes, the textile industry leaves a large footprint in the water in the production of about 80 billion garments. “ Mills can use up to 200 tons of water per ton of dyed fabric , which in turn only produces about 1400 pieces of clothing. Add everything together and roughly 17 to 20% of industrial water pollution is owed to fabric dyes and treatments. No one piece of fabric or clothing is to blame for dye pollution. Rather, it’s the estimated 8,000 synthetic chemicals used to bleach, treat, and brighten our clothes that pose the problem.”
A blatant example of this world-wide problem was shown vividly in the documentary “RiverBlu .” Roger Williams, the executive producer exposed the fashion industry’s effect on freshwater, and the pollution witnessed during production. "We came across a satellite photo from China, and it was just this big stain of blue coming down into the ocean,” he said. "They're just letting the dyes run right into the rivers.” RIVERBLUE demands for significant change in the textile industry.
According to Greenpeace , the most frequently used additives in the dyeing and finishing process are toxic to aquatic life, remains in the environment and can continuously accumulate.
We should use our imagination to address and solve these pressing problems.
Friends from AFFOA (Advanced Functional Fabrics of America) joined me at Change fashion.
Recent advances in color-change fiber technology will soon be available to enable color changes in fabrics, without the need for industrial water pollution created by the traditional fabric dyes process.
From my point of view, we can reduce the damage done to our environment and at the same time be part of the evolution of the future of fashion by methodically modifying the color dying process, to include color-change fiber technology. It can take some time for this to happen, like changing from combustion engine cars to electric vehicles. But it will happen.
Affoa’s color change technology differs from previously available color-changing fabrics, which contain light-emitting diodes (LEDs) that produces light of various colors. Instead, each thread is equipped with a micro-wire and a color-altering pigment. “When weaved into a garment, the aggregation of the fibers gives the illusion of a fabric that changes color.” (affoa.org)
Color-changing material can alter our lifestyle in very positive ways. With garments that change color, consumers can radically pare down the number of garments in their closets, as well as, reduce the dyes that are costly to our health and wellbeing. I am excited about the prospect of being able to change the color of our wardrobes without the dangers to human health, marine life, and our environment.
From my point of view, the use of advanced textiles will provide a radically new solution to a dangerous and recurring problems.
Veronica at Genspace Bio Lab NYC
THE FABIC REVOLUTION
As a fashion designer, my vision for the future of apparel is clothes that does more than just protect you from weather conditions or have you look fashionable. The use of advanced textiles provides new solutions to reoccurring problems.
The time has come for the indisputable connection between fabric and technology to change the way we dress and live.
“Our clothes help define us yet the fabrics we wear have remained functionally unchanged for thousands of years. Recent breakthroughs in fiber materials and manufacturing processes will soon allow us to design and wear fabrics that see, hear, sense, communicate, store and convert energy, regulate temperature, monitor health and change color — heralding the dawn of a fabric revolution.” (www.affoa.org)
Fashion designers, scientist and engineers are a unique combination of “Change Makers” with the inherent power to pave the way for the future of our fashion industry.
Congress created the U non-immigrant in 2000 to protect non-citizen victims of crime, regardless of their immigration status. The requirements for granting a U visa encourages them to cooperate with law enforcement officials. Regrettably, there is a limit of 10,000 U visas available per fiscal year.
USCIS (United States Citizenship and Immigration Services, recently published statistics on it U Visa programs. These statistic crystalizes the enormous delays in resolving these cases and the increasing back log.
These statistics show that in the year 2009, the USCIS received a total of 10,937 petitions and approved 8,663, Statistically 79% was approved. In the year 2017, they received 61,686 and approved 17, 726. A 28.7 % approval rate. Along with this decrease in approval rates, there are currently 208, 813 pending cases as of the end of the 2nd Quarter of 2018. Extrapolating from the most recent yearly approval numbers (2017) of 17,726, it appears that it would take some 11 to 12 years for the USCIS to catch up on its work load. It’s no wonder that its taking years for U visa applicants to obtain their first work permit
QUALIFYING CRIMINAL ACTIVITIES
Abusive Sexual Contact
Female Genital Mutilation
Fraud in Foreign Labor Contracting
Obstruction of Justice
Unlawful Criminal Restraint
Other Related Crimes*†
*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
While an applicant is approved for a U visa and is in line for a visa, s/he is eligible to apply for a work permit. Under the new guidance, USCIS advises that applicants submit two Applications for Employment Authorization (I-765) with any U visa petition. The first application would give the U visa petitioner work authorization for two years under the deferred action status. The second application would give work authorization to the U visa petitioner for the duration of the U visa, once a U visa becomes available.
A work permit application based on an application for U-Nonimmigrant Status (Form I-918) cannot be approved until the application has been reviewed and the individual has been granted deferred action. This has been taking roughly 3.5 years recently.
According to the USCIS, from the date of receipt of the U visa application, it can take about 46 months to process the case.
It’s important to appreciate that this type of application is different from other work permit applications. This is so, because of the U Visa cap of 10,000 per fiscal year, has created a large back log as noted above. But even if there is not a visa available for a case to be approved, USCIS can grant that person “deferred action” which is similar to permission to remain in the United States. It also makes that person eligible for a work permit. It is at this juncture, that a work permit application will be approved. A work permit application should be submitted simultaneously with the original I-918 application.
The U visa category is truly a life save for undocumented aliens that were victims of a crime and cooperated with the authorities to imprison the perpetrator(s), albeit the process takes a long time.
A most important part of the U visa program is that those granted the U visa may be eligible to apply for a Green Card (adjustment of status/permanent residence) if you meet certain requirements, including:
You have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and
You have not unreasonably refused to provide assistance to law enforcement since you received your U visa.
NOTE CAREFULLY: Any qualifying family member who does not have a derivative U visa when the principal U non-immigrant receives a Green Card is no longer eligible for a derivative U visa, but may still be eligible to apply for lawful permanent residence.
Source: APSAN LAW OFFICES
Juan Rodriguez (name changed for privacy) entered the U.S. in 2013 from Guatemala. He applied for protection though Political Asylum. After more than 3 years of fighting in Immigration Court, the Judge denied his application and ordered him deported to Guatemala. But as life would have it, by the end of his case he was engaged and soon married an American citizen. Shortly after he became the father of twin boys,
Believing that since he married a U.S. citizen, he went to a lawyer and discovered, to his dismay, that since he entered illegally and was actually ordered deported , he cannot be granted legal residency in the U.S. unless he leaves and remains out of the country for 10 years. A nightmare of a thought. At that time there was no solution for this family.
Everything changed in 2016, when President Obama expanded the 601A waiver law.
Now undocumented immigratns in removal(deportation) proceedings are allowed to participate in this new provisional unlawful presence waiver process if their removal proceedings are administratively closed and have not been re-calendared at the time of filing the Form I-601A. Aliens whose removal proceedings are terminated or dismissed are covered in the general population of aliens who are eligible to apply for a provisional unlawful presence waiver. Note that if you failed to appear and received an in absentia order of removal, then you will need to make a motion to reopen your case, before you can apply for the 601A waiver.
However, undocumented immigrants, who have already been ordered deported or removed. May also qualify. However in these cases the immigrant needs to apply for 2 different waivers, one for being ordered deported (I-212) and the other for having remained in the U.S. illegally. (I-601A)
Under the final expansion of the I-601A Waiver executive order, those subject to final orders of removal, deportation, or exclusion may now apply for the provisional waiver (601A) , provided, of course, that certain eligibility requirements are met..
What is a I-212 Waiver?
The I-212 is the application that requests permission to reapply for admission into the US after Deportation or Removal. If the person is in the U,S, he is applying for a conditional approval of the application. The person still must the depart the US in order for the approved I-212 to take effect. This waiver is specifically used to permit a person to return to the U.S. after a deportation or removal.
Understand that when you are deported the following punishment applies :
10 years from the date of departure or removal, if only removed once
20 years from the date of departure or removal, if removed two or more times
Forever, if convicted of an aggravated felony.
So, once a person departs the US, the deportation or removal order goes into effect. If a person leaves the U.S. without an approved I-212 waiver, he or she will not be allowed to return to the U.S. for the specified time.
How does the I-601A waiver interact with the 212 waiver?
After the I-212 waiver is approved, the individual still needs to get an I-601A waiver approved to avoid the 10 year punishment for his overstay.
Once the immigrant can establish extreme hardship to a USC/LPR spouse or parent, an approved I-601A waiver would remove the 3 or 10-year unlawful presence bar. This conditional approval removes a major part of the pressure in returning to the home country for the immigration interview.
Simply stated, the I-212 speak to the removal (deportation) order and the I-601A speaks to the unlawful presence bar. These two waivers remove major impediments that would normally prevent a person from immigrating for at least 10 years.
It is important to remember that even if you were ordered deported and never left you have a way to resolve the problem.
In Absentia Deportation/ Removal Orders
If the person failed to show up at an immigration court hearing, then there is another significant problem. Under the current law, anyone who fails to appear for any court date is deported in absentia. What this means is that , the person must remain outside the U..S. for a period of 5 years BEFORE he can make use of the 601A waiver. This problem requires additional legal work.
FOR MORE INFORMATION GO TO: 601WaiverLawyers.com
Sanctuary city is a name given to a city in the United States that follows certain police procedures that shelters illegal immigrants. These procedures can be by law (de jure) or they can be by action (de facto). The term most commonly is used for cities that do not permit municipal funds or resources to be applied in furtherance of enforcement of federal immigration laws. These cities normally do not permit police or municipal employees to inquire about one's immigration status. The designation of Sanctuary City” has no legal meaning.
However, anti-immigrant groups are constantly rallying around Sanctuary Cities, claiming that they breed a host of problems caused by undocumented immigrants. Donald Trump, spearheads this anti-immigrant sentiments and Attorney General Jeff Sessions supports it. Donald Trump signed the executive order that proclaimed that cities and states would only be eligible for certain grants from the Department of Justice if they obeyed federal immigration laws.
On Wednesday, August8, 2017, the 9th Circuit ruled against a provision of the executive order that limited funding to jurisdictions that don’t collaborate with federal immigration enforcement. This executive order was aimed directly at sanctuary cities.
The Court ruled that President Donald Trump’s executive order curbing federal funding to “sanctuary cities” was unconstitutional.
The 9th U.S. Circuit Court of Appeals said that federal funding could be suppressed through congressional authorization. The appeals court also noticed that the U.S. District Court went too far by obstructing the policy nationwide, and sent back the case for “reconsideration and further findings.”
“We conclude that, under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization,” a three-member panel of the 9th Circuit held in its 2-to-1 ruling.
A current list of Sanctuary Cities obtained from The Center for Immigration Studies dated July 27, 2017 follows:
Sanctuary Cities List
California Colorado Illinois Massachusetts New Mexico Oregon Vermont
Cities and Counties
Alameda County Berkley Contra Costa County Los Angeles County Los Angeles Monterey County Napa County Oakland Riverside County Sacramento County San Bernardino County San Diego County
San Francisco San Francisco County San Mateo County Santa Ana Santa Clara County Santa Cruz County Sonoma County Watsonville
Arapahoe County Aurora Boulder County Denver Denver County Garfield County Grand County Jefferson County Larimer County Mesa County Pitkin County Pueblo County Routt County San Miguel County Weld County
East Haven Hartford
Alachua County Clay County
Clayton County DeKalb County
Benton County Cass County Franklin County Fremont County Greene County Ida County Iowa City Iowa City, Johnson County Jefferson County Marion County Monona County Montgomery County Pottawattamie County Sioux County
Chicago Cook County
Butler County Harvey County
Amherst Boston Cambridge Concord Lawrence Newton Northhampton Somerville
Baltimore Montgomery County Prince George's County
Hall County Sarpy County
Middlesex County Newark Ocean County Union County
Bernalillo County New Mexico County Jails San Miguel
Albany Franklin County Ithaca Nassau County New York City Omondaga County St. Lawrence County Wayne County
Baker County Clackamas County Clatsop County Coos County Crook County Curry County Deschutes County Douglas County Gilliam County Grant County Hood River County Jackson County Jefferson County Josephine County Lane Countyn Lincoln County Linn County Malheur County Marion County Marlon County Multnomah County Polk County Sherman County Springfield Tillamok County Umatilla County Union County Wallowa County Wasco County Washington County Wheeler County Yamhill County
Bradford County Bucks County Butler County Chester County Clarion County Delaware County Eerie County Franklin County Lebanon County Lehigh County Lycoming County Montgomery County Montour County Perry County Philadelphia Pike County Westmoreland County
Providence, Rhode Island Rhode Island Department of Corrections
Arlington County Chesterfield County Fairfax County
Burlington Montpelier Winooski
Chelan County Clallam County Clark County Cowlitz County Franklin County Jefferson County King County Kitsap County Pierce County San Juan County Skagit County Snohomish County Spokane County Seattle Thurston County Walla Walla County Wallowa County Whatcom County Yakima County