Supreme Court Live Blog - Page 3

Worse scenario is a 4-4 tie but that actually keeps it alive but most likely nothing can be done until next President.

Yeah, I'm for all for DAPA but Its kinda weird that so far E-DACA hasn't been mentioned WTH

Why is it sad?. I think this is actually quite the opposite . By default extended DACA is in good shape if Dapa is good, so extended Daca not being questioned is pretty good. It all comes down to Dapa. Also there is not much to discuss on extended daca, it is simply daca, just extra time.

DACA/DAPA are two different things. Far more than EDACA and DAPA or even EDACA and just DACA so I can see why they would just group eDACA with DAPA

They lumped together all things announced that day aside EADs for H-4 holders.

Few people remember that one of the planned things was to expand the provisional waiver to all applicable family categories (F1, F2A, F2B, F3). It got tied up with DAPA and no one ever mentions it.

My parent is a U.S. citizen and I believe I'm in one of those categories, I have an approved I-30 but the visa wait is ~20 Years, my priority date is summer/2005. What's that waiver attached to DAPA you're talking about?

Also, I've been wanting to ask you. I vaguely remember, long time ago, a lawyer told me that if I've been waiting X period of years I can apply for some sort of protection, maybe through court, even if the priority date for my I-130 hasn't been met. Do you know anything about that?

For something that important, it might be worth the $150 to talk to a lawyer and present him with all your paperwork.

One of the questions the justices were asking was whether Obama could just give this out to any illegal and the SG answered no and that this was narrow and kept talking about parents of citizens or LPR. I think they should have at least mentioned that the other part was for extending DACA, a program that's already been in place so at least maybe there would be some sympathy but I guess forever a child being brought here will be lumped with an adult coming here and popping out babies.

I'm not quite sure how the supreme court process work, so oral arguments were yesterday and we just wait now for a ruling sometime in June?

Basically, the hardship waiver (I-601) is available for anyone with a US citizen or Lawful Permanent Resident, Spouse or Parent. That includes every family category aside F4 (siblings of US citizens). However, no one really tries with the waiver with those cases because proving "extreme hardship" to a parent that their adult child will not be allowed into US is at best an uphill battle and at worst just plain impossible (some people like to say that there's always a case, but let's be honest - sometimes there just isn't). So you take that shot, and your I-601 is denied, and you're basically exiled for 10 years...

With the I-601A you could apply for the waiver while in US once your priority date becomes current, of course you'd still have to prove that your parent would suffer "extreme hardship" from your absence, but you get the better deal anyways.
I-601A is approved - you leave US, go to the US consulate, pick up your immigrant visa and return legally as a permanent resident.
I-601A is denied - you're still in US and can try re-filing or just continue living in US illegally.


There is no relief for spending x number of years in US, not directly or automatically at the very least. There's 2 things that do fit here somewhat:
1) Registry Adjustment of Status (INA 249), which requires you to have lived in US continuously since January 1st 1972, in good moral character.

2) Cancellation of Removal. Cancellation of removal is a bit of an unusual and HARD benefit to get, probably second hardest of them all, right after convention against torture relief. Anyways COR requires the following:
1) 10 years in the US. Measured from your date of entry to the day you get an Notice To Appear before an immigration judge.
2) Good moral character during at least the past 10 years.
3) No convictions that would make you inadmissible or deportable.
4) Exceptional and extremely unusual hardship to a US Citizen or Lawful Permanent Resident, spouse, parent, or child.

Now, the level of hardship here is much much higher than that for I-601 and I-601A waivers. In addition COR can only be sought from within removal proceedings. A failed attempt at COR equals a removal order and possible actual physical removal from US. So for example if your parent is disabled and you're the primary caretaker that'd work. Otherwise this is really a question for an attorney and most of them will tell you that trying this will be a bad idea.