Category: Extreme Hardship

Deferred Action for Parents (DAP) Program Announced by President Obama

11/24/2014

Go to comments Leave a comment Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. The goal is to have this program up and running within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.

Categories: extreme hardship, I-601A, immigration reform, provisional waiver

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Obama’s new immigration policy: I-601A Waivers

11/21/2014

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As part of President Obama’s new immigration policy, the I-601A provisional waiver process will be expanded to include spouses and children of LPRs. Additionally, the definition of extreme hardship will be expanded and clarified.

Categories: extreme hardship, I-601A, immigration reform, provisional waiver

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Immigrant Visa Approved in Ciudad Juarez based on I-601A Waiver Approval

7/11/2014

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One of our clients from Idaho re-entered the United States today as a lawful permanent resident after years of living here in unlawful immigration status. He has lived with his wife and children in Idaho for over a decade. They contacted us a couple years ago asking how they might legalize his status. He entered the US without inspection (EWI) over a decade ago. He married his wife many years ago and they had children together.

At the time I advised him that we could pursue the I-601 process if we could prove that it would cause his US citizen wife “extreme hardship” if he were not allowed to live in the US. When they were finally ready to start the process, the new I-601A waiver had become available. We filed the I-130 visa petition for him and it was approved. Then, we filed the I-601A unlawful presence waiver with USCIS. In our waiver packet, we argued that his wife, who has had medical problems for many years, would not be able to care for their children without him. She would not be able to care for herself without him. We provided substantial evidence. The I-601A was approved by USCIS.

Then, we proceeded to file for the immigrant visa through the Department of State. Our client went to Ciudad Juarez to process the immigrant visa and he returned to the US within a week. Everything went smoothly at the consulate and he re-entered the US at El Paso, Texas today. He will fly back to Idaho later today.

If you are in the US illegally and are married to a US citizen of lawful permanent resident, contact Nelson & Nuñez to see if we can help. Nelson & Nuñez will personally meet with you and help you better understand your options.

Categories: ciudad juarez, El Paso, EWI, extreme hardship, i-601, I-601A, Idaho, immigration lawyer, marriage-based, Orange County, permanent resident, USCIS, waiver

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Deferred Action for Parents (DAP) Program Announced by President Obama

Obama’s new immigration policy: I-601A Waivers

Immigrant Visa Approved in Ciudad Juarez based on I-601A Waiver Approval

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