REALLY Great Immigration News! You guys are gonna love this! - Page 6

I wrote this in another thread

The actual memo.

Alas..

This looks to be aimed at people who are actually EWI, not for people like us

Although wait.. Being EWI is grounds for inadmissibility.

So this memo would help.. whom exactly?

+ Not children under 21 of USC since they don't need a waiver because they are immediate relatives and their overstay is forgiven already.
+ Not visa overstay spouses of USC since they don't need a waiver because they are immediate relatives and their overstay is forgiven already.
+ Same with parents.

Just who is this memo going to help?!

Edit:

Yeah, looks like it'll help those who are EWI..

Meh, lame memo is lame.

long time lurker here.
idk but i actually think this memo might help me, if i can figure out what the heck it's actually trying to say.

I petitioned for a visa before i turned 21 (i'm 23 now). my dad had recently become a citizen at the time of my petition. we both ewi, but he mananged to get his green card after lucking out with some dumb lawyer who recommended he claim asylum. i have been debating for years now whether or not to risk being stuck in mexico because of the ban. i was planning on getting a lawyer and going to the ciudad juarez consulate and seeing if they would accept my hardship waiver, but it just sounds too risky. now apparently my understanding is that i can apply for the waiver here in the good ol us of a instead of going to mexico and triggering the 10 year ban. i think since i applied before i turned 21, my priority date will show that i am an immediate relative of a us citizen (my dad). what I don't understand is whether or not this new rule is actually in effect or just a "proposition" by obama.
any ideas? i'd rather get pointed in the right direction now before investing in an expensive lawyer.
thanks for posting this article though.

Your dad would have to have been a US Citizen BEFORE you turned 21.

It's not in effect just yet. It's just a proposed regulation, which means it will enter into effect later this year, probably right before elections. Don't do anything too risky; once you're outside the United States, you have very, very few legal rights when it comes to immigration.

I think you have to time it just right. But yeah probally good to speak to a lawyer about it.

Exactly! Instead of making "changes" as they intend to do for "immediate relatives" of US Citizens (who already have the best advantage out of those of us with family petitions); how about making changes to help the NON-IMMEDIATE relatives of US Citizens, since no one wants to work on the Dream Act/CIR?

For example, how about those of us whose petitions (or who are beneficiaries of petitions), were filed WHEN WE WERE MINORS and when our parents/the petitioner were still permanent residents? The petitioners are now US Citizens but DUE TO SLOW IMMIGRATION PROCESSING TIMES, we aged out, are NOT covered under 245i, and are now STUCK with nothing, DESPITE "GETTING IN LINE" and trying to do the "right thing."

Most of us in these situations are the only undocumented ones in our families, and we do not have any family that we know well enough in our home countries, seeing that our families are here.

When will something be done to finally help those adults whose petitions were filed for them when they were minors, yet after years of waiting, are told that nothing can be done for them, or will the Obama administration continue to allow us to fall through the cracks?

This is correct. Also, the proposed regulation change indicates that it will only apply to waivers filed after this regulation becomes effective. There's no retroactive, NOR prospective benefit under the proposed regulation. It's main purpose is to promote immediate family unity of U.S. citizens (spouses, minor children and parents). I think this is meat to encourage those who are only LPRs to become citizens so that they can keep their families together. And, of course, because nothing is done without some personal interest involved, citizens = votes.

It is expected to be expanded to other family preference categories, but I don't thik it will happen this year.

Oh? Where have you heard this?

Also, this memo may not be good news for any hopes at CIR,etc. All it's going to do is antagonize the GOP/etc to be more anti-immigration because the administration is taking potentially extralegal steps to legalize people who are here illegally. I know that the law says that the DHS has some flexibility in how they interpret the law, but for what seems to be such a minor benefit to a minor section of illegals in the country, the administration may have just pissed off the GOP even more.

So its all legal bullshit yet it will only benefit a tiny fraction of all dreamers out there. Way to go Obama ; )

It was originally planned for both citizens and LPRs; for sooome reason - actually, I know the reason, but one of my new year's goals is to be more cheerful, *cough*, *cough*- they backtracked from it. I read it in USCIS and DHS memoranda, and if their policy strategists (aka, lawyers) were discussing it, it is because it is viable within existing laws. They just have to carefully write the regulation so that it doesn't apply to outrageous individuals (ie, criminals). Someone who is already subject to the 10-year bar because of a prior departure and return (like multiple visa overstays), and can meet the extreme hardship standard, can be re-admitted with advanced parole filed concurrently with the waiver.