This only changes a very small flaw. It does not signify a change to who is applicable, just that they would be able to apply for the waiver and go to their foreign country to start the petition waiver in hand, rather than go to the country, be banned, start the petition and then apply for the waiver.

If the waiver got denied in the previous way of doing things, the person was barred entry for 3-10 years, and depending on who is petitioning, and which foreign country it was, the process could take as long as 20-25 years.

With such odds, there are certainly bound to be a lot of people with extreme hardship that where not willing to take such a huge risk, specially considered that they would face extreme hardship if the petition was denied.

What I wonder is what they would do if an extreme hardship waiver was denied? Would it just be denied and they would still be able to stay in the country hope for a CIR or DREAM Act, or would ICE do what they have been doing recently with failed asylum cases and attempt to deport those people.

Umm.... it is still a good attempt at fixing a flaw that currently exists, but ICE is out of control, they have taken the 400,000 limit as a quota for deportations, and in doing so will attempt to deport everyone, criminal background or not, to reach that quota.