January 10, 2012

Today’s stakeholders meeting was primarily to get comments from the public, rather than to answer questions, though they did provide some new information. Reporters were not permitted to ask questions during the meeting. The majority of questions and comments were from attorneys, though some members of the public who are not attorneys also participated. The meeting started about 20 minutes late and ran for an hour and 40 minutes, which is longer than most stakeholders meetings. Among the information provided by the government is the following:

January 9, 2012

Comments on common questions I am getting from clients regarding the new waiver procedure:

1. How likely is this to happen?

Friday, January 6, 2012

Today USCIS announced that it intends to change the I-601 waiver process. The spouse or child of a US citizen will be able to file the I-601 from within the US for unlawful presence grounds of inadmissibility only (INA 212(a)(9)(B)(v)) and have a decision in hand before proceeding to the consulate abroad.

The announcement makes clear that misrepresentation and criminal history will not be waived under this procedure and applicants with these grounds of inadmissibility must apply at the consulate as they do currently. The new procedure will also not apply which the qualifying relative is a permanent resident or when the qualifying relative is a US citizen fiancé (e). Such applicants will also still need to apply at the consulate.

January 6, 2012

Below are some of my comments to news articles.

From the Daily Freeman:

“The waiver shift is the latest move by President Barack Obama to make changes to immigration policy without congressional action.”

Response: Congress created the waivers, not the President. Congress delegated to the President the authority to decide how the waivers are to be adjudicated.