Tag Archives: U.S. consulate

Five Things We Have Learned About I-601A Provisional Waivers

18 Nov

Nearly two years since the announcement of the provisional waiver of inadmissibility, known as the I-601A extreme hardship waiver, we have learned quite a bit about the people that need this waiver and the way the government is processing them.  Here are the top five things we have learned:

  1. The process has transformed lives.  We have witnessed families emerge from desperation and hopelessness to seize the opportunity to take charge of their lives.  Freed of the fear that a trip to a consulate abroad would mean a lengthy separation, families are empowered and made optimistic that their dreams can be realized and that the law and the U.S. recognize their value.
  2. CIS has gotten better at this.  When the program started in April 2013, I-130 petitions became very backlogged, with delays of over a year.  Since then, the government has significantly reduced the processing time for I-130 petitions to about five months, as of the time of this blog.
  3. People should never presume that their hardship is not enough.  This point reminds us of the Bob Dylan line “I have never gotten used to it, I just learned to turn it off.”  People who live with many forms of pain have become so used to it that they think it is normal or appropriate.  Detailed conversations with compassionate counsel can elicit many factors relevant for an extreme hardship determination.  Extreme hardship is never the same from one person to another.  There is no substitute for taking the time to learn about people and what makes them tick.  Documenting extreme hardship is the most personal of tasks and requires the time and compassion necessary to understand where people are coming from.
  4. We are reminded why we love our job.  Facebook has given us a front seat view of the process.  We now can watch through photos, videos and status updates the thrill that a client has when they return home after several years of not seeing their family.  We can see the happy reunions and the good luck wishes from friends in the U.S.  We see grandparents meeting their grandchildren for the first time.  We share the client’s nerves as they prepare to enter the Embassy.  And we get to see the moment that they return to the U.S. on their immigrant visas.  It does not end there however.  We get to hear about their lives, buying a house, changing jobs,having a baby, and returning home for the holidays for years to come.
  5. Expanding the provisional waiver would be great.  The provisional waiver only applies to the immediate relatives of U.S. citizens.  Expanding it to be available for the spouses and children of permanent residents, for example, or the adult children of citizens, as has been suggested in some reports, would multiply the benefit that has been given through the provisional waiver.

Visa Granted at U.S. Embassy in Brazil after I-601A Provisional Waiver Approved!

22 May

First, let us state outright: the inclusion of this Motley Crue video was done only at the suggestion of the client.  Benach Ragland is not, and never has been, a fan of Motley Crue.  But, as dedicated counselors, we will tolerate hair metal for the needs of the client.

 

We are happy to report that today we received our first visa at a U.S. Embassy abroad for an individual who required an I-601A provisional waiver.  Our clients received the passport with the immigrant visa in the mail from the U.S. Consulate in Rio de Janeiro.  The clients left the U.S. last month for the visa application after we obtained approval of an I-601A provisional hardship waiver.  This required the leap of faith that they would be able to return.  While inadmissibility due to unlawful presence had been waived, if the consulate were to find any other inadmissibility, our client would not be able to return.  we carefully scoured his record and determined that there was no other ground of inadmissibility.  The clients then took the risk based upon our advice.  Gulp.  After some typical bureaucratic miscues, such as the physician failing to deliver the report and a request for a document that the consulate had returned, the visa was issued today.

Our client got to see his family for the first time in over a decade.  His parents met their U.S. citizen granddaughter.  Husband, wife and child will return after a month spent reconnecting with family in Brazil solid in the knowledge that U.S. immigration law should never require their separation again.

Congratulations dear friends.