USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

Individuals outside the U.S. who have been found inadmissible by a U.S. consular officer  for an immigrant visa or a nonimmigrant K or V visa, must now (since June 4, 2012) file their waiver applications directly to U.S. Citizenship and Immigration Services (USCIS) by mailing the application to a USCIS Lockbox facility in the United States instead of filing at their foreign location. These waiver applications are adjudicated at the USCIS Nebraska Service Center (NSC).  The change affects waiver filings for:

1. Form I-601, Application for Waiver of Grounds of Inadmissibility,
2. Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if filed together with a Form I-601), and
3. Form I-290B, Notice of Appeal or Motion (if filed after a denial of a Form I-601 or Form I-212 by the NSC).

The waiver filing location changes afford several advantages:

§ Faster filing: Applicants can file a waiver application immediately after the consular interview. An applicant who files with the Lockbox does not need to wait for an appointment at a USCIS Field Office to file the waiver application and will not need to travel to the USCIS office.

§ Shorter processing time: The NSC’s goal is to process the waiver applications within 3 months.

§ Ability to track the progress of an application: Applicants who file waiver applications through the Lockbox can view the progress of their application online. This service is not available to applicants who file their waiver applications at USCIS international field offices.

Individuals in Mexico still have the option to file their waiver applications with the local USCIS Field Office in Ciudad Juarez, Mexico, in addition to the Lockbox, until Dec. 4, 2012 (transition period). However, those who choose to file their waiver applications at the Lockbox will experience certain advantages.

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Change of Filing Location for Certain I-601 and I-212 Waiver Applications

As of June 4, 2012, foreign nationals abroad who have applied for certain visas (immigration visa, or nonimmigrant K or V visa) and who have been found ineligible for inadmissibility by a U.S. Consular Officer may file their requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility in the U.S.

This change of filing location will shorten processing time and faciliate consistent adjudication of waiver cases.

The affected filings include:

• Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
• Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)

Immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez for a limited six-month transition period.

This change of filing location is separate from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

May 23, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship.

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Provisional Extreme Hardship Waiver is Not Yet in Effect

Not too long ago, the U.S. Citizenship and Immigration Services (USCIS) has made a proposed change to allow certain immediate relatives (spouse, parent and/or children of a US citizen) who can demonstrate the required extreme hardships to apply for a provisional extreme hardship waiver for unlawful presence prior to departing the United States of America (US).   The provisional extreme hardship waiver for unlawful presence, if eventually implemented, will reduce separation of many families.

Extreme Hardship Waivers

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need waivers (such as I-601 and/or other waivers) OR other filings to be allowed to enter, remain or return to the U.S.  These certain histories include, but are not limited to: (a) commission of certain crime, or possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law.

At present, the wait-time for an I-601 extreme hardship waiver varies widely. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Proposed Provisional Waiver Procedures Are Not Effective Yet

The provisional extreme hardship waiver for unlawful presence procedures are not yet in effect until the USCIS publishes a final rule in the Federal Register specifying the effective date, which may be the end of this year.  Prior to it becoming effective, any applications to the USCIS for provisional waivers for unlawful presence will be rejected.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
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Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
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Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!