Waivers and Relief from Deportation

Challenges for Visa Waiver Program Overstays

Challenges for Visa Waiver Program Overstays

A young DACA recipient named Daniela Vargas was detained in Mississippi by Immigration and Customs Enforcement (ICE) after speaking out earlier this month about her fear of being deported under the Trump Administration’s immigration policies. Officials arrested Daniela immediately after she spoke at a press conference organized by the Mississippi Immigrants’ Rights Alliance and put […]

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DHS Secretary Johnson Discusses Border Security, Executive Action, Refugees and PEP

DHS Secretary Johnson Discusses Border Security, Executive Action, Refugees and PEP

On Thursday, Secretary Jeh Johnson of the Department of Homeland Security (DHS) addressed the 12th Annual Immigration Law and Policy Conference, covering a wide-range of topics, from border security to the new Priority Enforcement Program (PEP) to executive action and refugees. Secretary Johnson began his remarks calling attention to misinformation around border security. He clarified […]

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Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?

This week, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on what constitutes “extreme hardship” for purposes of an immigration waiver. The much anticipated guidance is a component of the Administration’s executive actions on immigration announced in November 2014. Many had hoped that the guidance, and its potential to make waivers available to more […]

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Immigration Appeals Court Reverses Position on Deportation Waivers

Immigration Appeals Court Reverses Position on Deportation Waivers

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause extreme hardship to their U.S. […]

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How New Guidance Improves a Waiver Program to Limit Family Separations

How New Guidance Improves a Waiver Program to Limit Family Separations

When President Obama announced his executive actions on immigration in November, much of the focus was on the new temporary immigration protections, namely the deferred action programs (called DACA and DAPA). Of all of the announced reforms, DACA and DAPA certainly will affect the greatest number of people, with potentially 5 million individuals eligible to […]

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What Does More Discretion and Less Deportation Look Like?

What Does More Discretion and Less Deportation Look Like?

Following President Obama’s announcement that administration officials will review enforcement policies to see how to make them more humane, NBC News reports that the Congressional Hispanic Caucus has compiled a list of recommendations for Homeland Security Secretary Jeh Johnson on what actions could be taken to slow deportations. According to NBC News, the caucus will […]

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Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h) of the immigration statute)—permits permanent residents […]

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Putting the White House Immigration Reform Proposal into Perspective

Putting the White House Immigration Reform Proposal into Perspective

Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations.  There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come […]

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DHS Publishes New Provisional Waiver to Help Some Families Stay Together

DHS Publishes New Provisional Waiver to Help Some Families Stay Together

Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving […]

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Standardizing Guidelines Would Improve USCIS’s Proposed Family Unity Waiver Rule

Standardizing Guidelines Would Improve USCIS’s Proposed Family Unity Waiver Rule

Earlier this year, USCIS proposed a new waiver rule that would allow some unauthorized immigrants (mostly direct family members of U.S. citizens) who are applying for a green card to apply for a waiver to the 3 and 10 year bar from within the United States,  minimizing the amount of time they would have to […]

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