The Biden Administration has put forward a proposed rule that, if accepted, would make it significantly harder for some asylum seekers to obtain asylum when they come to the U.S. This rule would prevent anyone who traveled to the United States after passing through another country from seeking asylum, unless they also first sought asylum in those other countries. For many asylum seekers, this “transit ban” could have a negative impact on their ability to obtain asylum and remain in the U.S. legally.
In a ruling passed down on November 15, a district court judge struck down Title 42, a pandemic-era policy intended to make it harder for many immigrants to seek asylum in the United States. According to the ruling, the policy was not passed in accordance with the Administrative Procedures Act, making it illegal under federal law. This means that asylum seekers will have an easier time pursuing legal protections when they cross the border into the U.S.
U-visas are an important tool for many immigrant victims of crime as a way to help them obtain legal immigration status. For some, a U-visa can offer an opportunity to potentially pursue permanent residency or citizenship in the future. But what are U-visas, and how do you become eligible to obtain one?
On April 2, 2012, the U.S. Citizenship and Immigration Services (USCIS), with great fanfare, published a proposed rule to allow immigrants who have approved Immediate Relative petitions (i.e. U.S. citizen spouse, son or daughter over 21 years of age) to apply for a waiver of the 3/10 year unlawful presence bar “in the U.S.” The conditional approval of the I-601A waiver by the USCIS would then make visa processing a very quick process-the time frame stated was one month. What the USCIS did not state is how difficult it would be to get the I-601A waiver approved. There are a number of reasons why this I-601A does not live up to its billing. Continue reading “The Misleading I-601A Waiver”