Death Kiss -False Claims to US Citizen - Page 12

Extreme hardship standard would still be much much better then what we have currently, which is nothing.

I read from somewhere that the extreme hardship should be for the USC and not for the beneficiary. Hardship waivers look at financial and emotional aspects. And you really need to have a good lawyer that actually shows that.

Yes, we know that. Basically the change in law would allow you to waive a False Claim to Citizenship ban the same way you can waive unlawful presence, CIMT, Misrepresentation, and a whole lot of other bans.

The extreme hardship always has to be to a relative (USC/LPR Spouse/Parent, and in some cases children). With the sole exception of VAWA cases where you can get a waiver using hardship to yourself.

VAWA is the abuse against women?? Wouldn't that automatically get you an GC once you're cleared??

Usually yes since most bars to adjustment don't apply to VAWA and most people are not inadmissible. Take a random person and the thing that's preventing them from adjustment is usually INA 245(c)(2), with other parts of 245(c) also sometimes applying.

Those are bars to adjustment and not inadmissibilities. The two overlap in that a person who is inadmissible is barred from adjustment due to inadmissibility, but a person barred from adjustment doesn't have to be inadmissible. Take for instance 245(c)(1) which prevents alien crewmen from adjusting, these are C and D visas. An alien crewman cannot be inadmissible out of the virtue of being a crewman or otherwise he'd never get into US to begin with and you'd have an entire self-contradictory non-immigrant class that could never be admitted.

In a few cases it might be necessary to get a waiver e.g. multiple CIMTs, or entry via fraud since VAWA on its own does not overcome that. It overcomes most bars to adjustment, and it allows you to seek some waivers using hardship to yourself. For example 212(h) waiver which waives things like criminal inadmissibilities is basically split into 3 eligibility categories:

1. Extreme hardship to USC/LPR Spouse/Parent/Child
2. 15+ years since offense committed and you rehabilitated
3. You're a VAWA self petitioner and can demonstrate extreme hardship to (1) or to yourself.

Demise! Thank you for the full explanation! And may i ask what does an immigrant who gets 20k raped in taxes get?

If nothing, may I ask why even pay them? Just as a philosophical question???

It leads me to believe that America ,as a Nation, is nothing more than an abusive hipocrite nation.

Not going to prison for tax evasion would be one.

Thanks for the info. It's very informative.

Isn't the background check to get DACA the same one for adjustment of status?
So, if you have DACA that means you don't have a false claim of US citizenship. Unless you did it after receiving DACA.

No, it's not. DACA is not a adjustment to legal status. Hence, we don't have the question on our application forms.