Archive | January, 2015

Five Things We Have Learned about the I-601A Provisional Waiver Program

12 Jan

<p><a href=”http://vimeo.com/39267368″>Don’t Think Twice It’s Alright [Bob Dylan 1962]</a> from <a href=”http://vimeo.com/user8051179″>Dan Pick</a> on <a href=”https://vimeo.com”>Vimeo</a&gt;.</p>

Last week, we had another I-601A provisional waiver approved.  This makes us 6 for 6, so far, with a few more pending.  We have learned quite a bit in the past 18 months or so that we have done provisional waivers.

  1. Don’t underestimate your own hardship.  We think that people endure a lot of hardship and have grown accustomed to it and accepted it as the normal state of affairs rather than recognizing that things could be better.  We think that many people living with an undocumented spouse have come to accept the anxiety  surrounding the risk of separation, financial ruin and uncertainty.  Of course, this is a common human coping mechanism.  As Bob Dylan sang, “I’ve never gotten used to it, I just learned to turn it off.”  Many people that come into our office states that they can not point to any specific hardship that they would suffer if their spouse were forced to remain in their home country; they just know it would be bad.  We have found that the sense merely scratches the surface and that by digging, speaking, and, most importantly, listening, the details of the hardship can be identified.  Extreme hardship may be financial, emotional or health and safety related.  It can be a combination of these factors or it can be the presence of a single form of hardship.  The bottom line here is that too many people wrongly assume that they do not have the hardship to meet the standard and a honest and open conversation with an attorney can reveal hardship that an individual may have learned to turn off.
  2. The availability of the provisional waiver changes the game in removal proceedings. Many cases where the only relief has been a long-shot cancellation of removal are now strong provisional waiver cases.  We have found that the government is willing to terminate and reopen cases where a good claim to a provisional waiver case can be made to ICE.  These practices change from office to office, in fact, from ICE attorney to ICE attorney, but, as a general rule, we have found tremendous flexibility in removal proceedings for people who qualify for provisional waivers.
  3. The family is alive and well.  Back in 2012, when DACA came out, we were heartened to see all the young people who came to our office with their parents to discuss how DACA could change their lives.  The parents were always apprehensive and elated simultaneously to see the possibility that the dreams they had for their children being realized, if only partially.  we decided then that the family is alive and well in America.  With the provisional waiver, we are meeting all sorts of people who are raising families under the trying circumstances of one of the spouses lacking legal status.  The lives that people have been able to build despite this challenge are impressive.  However, the opportunity of obtaining lawful status opens up so many doors for families and removes the anxiety and stress of uncertainty over immigration.
  4. The National Visa Center remains a hold-up.  The NVC has been good at putting a hold on immigrant visa processing where a provisional waiver has been filed.  However, once the Visaprovisional waiver is approved, the NVC reverts to its standard practice of being an impediment, rather than a facilitator of orderly processing of immigrant visas.  For example, one challenge we have seen relates to police clearances from El Salvador.  According to the State Department, those police certificates must be obtained by the applicant in person in El Salvador.  That’s fine, except for the case of provisional waivers, where the applicant is in the U.S.  Since the NVC will not schedule an appointment until it has all the documents, this issue could force an applicant to return to El Salvador and wait several months for an interview, undermining the benefit of certainty that the provisional waiver is supposed to provide.  We are working on this specific issue and will update this blog as circumstances merit.
  5. There is nothing better than solving this situation.  When an individual goes to the Embassy, gets the visa, and returns to the U.S. as a permanent resident, we are lucky to be the first ones called.  We share the joy and relief of our clients and can immediately see the reduction in tension in their lives.  Getting to be a part of and a witness to that transformation is one of the great things about being an immigration lawyer.

Think you or someone you know may qualify for the provisional waiver? Contact us at consults@benachragland.com or 202-644-8600.

BR Clients of the Month- January 2015

5 Jan

Irma and Kenny

At a time of year when we honor togetherness and fresh starts, we are comforted to know that Benach Ragland clients, Kira and her four-year-old son Ricky, have finally been granted asylum and are reunited with their husband/father, Andre, here in the United States.*  This family of faith was tornapart by targeted and systematic violence at the hands of the M-18 gang, the de facto government in Guatemala, all because they preached about peace and encouraged non-violence in their community – in the eyes of the M-18, a message of disloyalty and dissidence that needed to be eradicated.

In 2010, Kira and Andre, a deacon in the local church and the M-18’s main target, decided that he should flee in an attempt to save the family and protect their unborn son Ricky.  They believed and hoped that Andre was the gang’s only target; they were wrong.  Immediately following Andre’s escape to the United States, the gang began its relentless pursuit and persecution of Kira and their son because the gang believes that families breed disloyalty.  They threatened her with rape and murder, restrained her and beat her face bloody on multiple occasions, threatened to cut her unborn son out of her belly, threatened to kidnap Ricky after he was born, and grabbed and held Ricky at knifepoint on multiple occasions.  The gang made their reasons clear: Andre, a man of faith who preaches his message of peace and non-violence against their way of life, is their enemy who must be targeted and punished for his disloyalty and dissidence.  Since Andre was no longer available to target and punish, Kira and their young son Ricky would be his proxy.  By harming them, the M-18 could continue to harm Andre and punish him for his message of peace and non-violence – his disloyalty and dissidence.  Kira went to the police twice, begging for help, but they turned her away, refusing to provide meaningful protection.  After first escaping to her sister’s home, the gang pursued and found Kira there, held her four-year-old son Ricky at knifepoint, and threatened them again.  With no place to hide, Kira and Ricky fled to the United States in search of safety.

After four years filled with horrific and nearly daily violence, followed by a harrowing journey to the United States, Kira and Ricky sought help from a U.S. immigration ofIMG_1537ficer to beg for protection.  Instead of help, these refugees were among the first to be detained at the Federal Law Enforcement Training Center in Artesia, New Mexico, a makeshift detention facility in the middle of the desert, hidden out of sight and out of mind as the Obama Administration sanctioned a series of procedures meant to deport them as quickly as possible right back to the danger from which they had fled.  But the arrival of the American Immigration Lawyers Association’s pro bono project halted the deportation of Kira, Ricky, and the hundreds of other mothers and children detained in Artesia.  Benach Ragland Partner Dree Collopy spent a week volunteering in Artesia to provide pro bono legal services to women and children.  While there, she met Kira and Ricky and was inspired by their courage and strength.  She took their case pro bono, demanding compliance with U.S. and international law and due process on their behalf.

Ricky's additions to Dree's notes.

Ricky’s additions to Dree’s notes.

After five months of detention in inhumane conditions, two lengthy bond hearings, one status hearing, three hearings on the merits of their asylum claim, generous donations to secure an expert witness, Dree’s several trips to Denver and Artesia, and hundreds of pro bono hours by Benach Ragland and the volunteer AILA attorneys on the ground in Artesia, Kira and Ricky have been granted asylum and released from detention.  They are finally safe and have been reunited with Andre in the United States.  2015 is going to be a good year.