What about the US Immigration Bureau exempting millions of illegal immigrants?

Many people have the American dream, but many people have taken a very tortuous road to realize this dream. Some stowaways lead a life of hell. Fortunately, on the 29th, the US Immigration Bureau announced that it would exempt millions of illegal immigrants! Even illegal immigrants can apply to become "Americans"! In addition, this policy affects many groups in China.

There are at least 200,000 illegal immigrants from China in the United States, and nearly 4,000 illegal immigrants from China are waiting to be repatriated in 20 13 years. China illegal immigrants belong to the bottom of the Chinese community in the United States. They are a "forgotten" group, unable to get social welfare and protect their rights.

Immigration official website screenshot

This expanded exemption rule is one of the executive orders issued by Obama in 20 14, which provides a new path for many illegal immigrants who have lost their legal status in the United States.

What is I-60 1A?

I-60 1A can only be exempted from entry ban because of illegal residence. In the past, when the Immigration Bureau tried the application of I-60 1A, if it thought that the applicant would be refused by the consulate if he violated other laws, he could refuse the visa first.

This extension of the temporary exemption I-60 1A cancels the authority of the Immigration Bureau, and the consulate directly decides whether the applicant has violated other laws.

I-60 1A temporary exemption allows applicants to submit their applications in advance in the United States, wait for the results in the United States, and then decide whether to go overseas for visa interviews. If visa-free passes, the applicant usually goes overseas, passes the visa interview and then returns to the United States.

For those foreigners who cannot successfully apply for immigration due to illegal residence, no matter whether the immigration project needs to be scheduled or not, as long as the applicant has a spouse or parents holding a green card or citizenship and can prove that the separation of relatives may cause extreme hardship.

Key problems in applying for I-60 1A

I-60 1A involves three main links:

I application I- 130. This must be completed by the applicant's immediate family (American citizen) I-60 1A, and can be submitted by the applicant's children, spouse or parents.

2. after I-130 is approved, the applicant submits an application for I-601a. When submitting the I-60 1A application, the applicant must prove that his departure will cause "extreme difficulties" to his spouse or parents.

3.I-60 1A will leave the country after being approved, get an exit visa, and then re-enter.

Key issues in the application process:

First of all, we must prove the "extreme dilemma."

Second, there can be no expulsion order. According to the Immigration Bureau's interpretation of the new regulations on family reunion, people with expulsion orders are not allowed to apply for I-60 1A, but some lawyers suggest that people with expulsion orders can file a case according to this policy, and if successful, apply for I-601A.

Third, there are risks. The risk of applying for I-60 1A is very small, because the ultimate goal of the Immigration Bureau is to let the applicant re-enter the country in a short time after leaving the country, and the risk will be reduced accordingly in a short time.

Risks of applying for I-60 1A:

1. In the process of applying for I-60 1A, if it is rejected, the Immigration Bureau may put the applicant in the deportation procedure.

2. After I-60 1A is approved, the embassy or consulate may find some problems that were not found when applying for I-60 1A, such as having cheated the United States and having a criminal record. Then you may not be able to enter the country immediately after leaving the country, and you need to apply for other corresponding exemption before entering the country, which will be very troublesome.

This measure will be officially implemented on August 29th. The Immigration Bureau will update the extremely difficult details in the next few weeks, and the application form of I-60 1A will also be updated before that. All changes will take effect on August 29th.

Prior to this, only immediate family members with American citizenship can submit an application for I-60 1A temporary exemption. If people submit their applications before August 29th, they may be rejected. So don't be too impatient!

Lawyer's problem solved! No matter how you enter the country, illegal residence is applicable.

● Q: What restrictions do I-60 1A extend the exemption to the beneficiary's entry mode? Is it limited to illegal immigrants? Can people who sneak into the country but are caught with I-94 cards at the border apply? Can people who legally enter the country with a non-immigrant visa and then overstay apply for I-60 1A visa extension?

The lawyer replied: There are two main types of beneficiaries. One is illegal immigrants who came to the United States without inspection. The other category is people who have legally entered the United States after inspection (such as business, tourism, student visas), but have overstayed, and are not close relatives of citizens (spouses, parents, children under 2 1 year). They are not eligible for a green card in the United States, so they need to leave the country. However, due to a 10-year ban on entry,

It should be noted that eligible relatives when applying for temporary exemption and American applicants in immigration applications (that is, relatives holding green cards or citizenship) can be different people. For example, an American citizen (petitioner) submitted an immigration application for his brother B. His status expired several years ago and he is scheduled to arrive now, but B is not eligible to apply for adjusting his status in the United States. However, because his parents are permanent residents of the United States and his parents are eligible relatives, his brother B is eligible to apply for a temporary exemption from I-60 1A and return to the United States with an immigrant visa after the exit interview.

For those who legally enter the country with a non-immigrant visa and then overstay, if they are close relatives of American citizens, they can apply for a US green card, and if they are not close relatives of American citizens, they can apply for I-601A. People who enter the country illegally but are caught at the border and have I-94 can also apply for I-601a.

If a person meets Article 245(i) of the Immigration Law, that is, he was the beneficiary of the immigration application before 200 1 and lived in the United States on February 2 1 2000, he can also apply for a green card directly in the United States without applying for temporary exemption from leaving the country.

Extreme difficulties are not directed at the children of the parties concerned.

● Once the applicant referred to in the expanded version I-60 1A cannot return to the United States, his family members will face "extreme hardship". Can you explain what "extreme hardship" means? Do relatives facing extreme difficulties have to be relatives who apply for adaptation, that is, citizens who apply for green cards or their spouses or parents? Will other relatives consider the extreme difficulties?

Lawyer A: When applying for exemption, you will consider the impact of your departure on your eligible relatives. Although the law only considers the extreme difficulties faced by the applicant's spouse or parents, their children are also indirect considerations (if the applicant has to go back to China and leave the applicant's spouse to raise the children alone in the United States, then difficulties will arise).

There are two extreme difficulties. First, if the applicant returns to China, what difficulties will his relatives have in staying in the United States, such as economic difficulties and mental difficulties; Secondly, if the applicant's spouse and parents can't be separated from the applicant, they will go back to China with them, and then they will face problems such as insufficient domestic medical care and medical conditions, which will have a great impact on their relatives. The connection of eligible relatives outside the United States (such as the national conditions of the country and the degree of connection between relatives and the country) is also a consideration.

In some cases, the adjudicator will also consider the overall situation of the case. Some related factors, if considered separately, may not be extremely difficult, but if considered as a whole, may be extremely difficult. The extreme difficulties of other relatives are not considered.

In addition, when granting the exemption, the law authorizes the immigration officer to have great discretion, so the applicant should provide extremely sufficient and detailed supporting materials, and include all the favorable factors in the application materials as far as possible.

You must go back to the American consulate for an interview.

● After applying for I-60 1A visa-free in China and getting approval, you can leave the country and apply for an immigrant visa at the US embassy or consulate, right? Is it necessary to return to the applicant's home country? China applicants can only go to the US Consulate General in Guangzhou? With the exemption of I-60 1A, can I 100% guarantee to return to the United States? Is it possible that you won't come back? What will cause I-60 1A not to come back?

Lawyer A: After the Immigration Bureau grants the applicant I-60 1A visa exemption, he will return to his own country to apply for a visa interview. For China applicants, he can only go to the US Consulate General in Guangzhou (Guangzhou Consulate General is the only consulate in China dealing with immigration issues). Since I-60 1A is only exempted from overstaying in the United States, I-60 1A cannot be exempted if the applicant violates other immigration laws or criminal laws, including holding false documents or having a criminal record, and it is necessary to apply for a regular I-60 1 exemption instead. The application time of this procedure is relatively long, and it takes half a year. I-60 1A only needs three or four weeks to return to China and wait for the application. Therefore, applicants who violate other rules must talk with lawyers in detail to find out whether it is suitable to apply for I-601A.

Cases requiring administrative closure before repatriation procedures.

● At present, there is a serious backlog of cases in immigration courts. For those who are still waiting for lawsuits or appealing to the Immigration Appeals Board (BIA), can people with green card spouses apply for the expanded version of I-60 1A? Before I-60 1A, some people got stuck in the process of closing the expulsion order, and the processing time was very slow. Does the extended I-60 1A apply to people who have not yet made a final expulsion order?

Lawyer A: People who are in the process of repatriation can also apply for I-60 1A if they meet the requirements, but they need to "close the case administratively" before applying for I-60 1A temporary exemption. After approval, the court case should be completely closed before returning to the country for visa interview. Because there is no final removal order for such people, there is no need to apply for exemption from I-2 12.

Due to the backlog of court cases, some applicants cannot submit I-60 1A in time when applying for administrative closure. In this case, they should contact the government prosecutor to try to make them not object to the motion, or communicate with the government lawyer first and ask the joint motion to be reopened so that the court can make a quick decision. Those who have not obtained the final expulsion order cannot directly submit the form I-2 12 to apply for exemption from the expulsion order, because without the expulsion order, there will be no 10 year ban on entry based on the expulsion order, so there is no need to apply for this exemption.

Repatriation has been suspended. I-60 1A is not applicable.

● Q: If a holder of A 10 card has a green card, can he apply for the expanded version of I-60 1A exemption?

Lawyer's answer: Although I-60 1A extended exemption is applicable to people with expulsion orders, because the expulsion order of A 10 card holders has been suspended, they are not eligible to apply for I-60 1A extended exemption. Perhaps in the future, the Ministry of Internal Security (DHS) will further expand the scope of I-60 1A exemption applicants, but so far, holders of A 10 cards, even if their spouses have green cards, cannot apply for the expanded I-60 1A exemption.

Only domestic undocumented guests were deported.

● Q: Those who have been deported, or those who have overstayed, now live outside the United States, can apply for I-60 1A exemption to return to the United States?

Lawyer A: Both I-60 1A exemption and the expanded version of I-60 1A exemption are only for undocumented immigrants currently living in the United States. For those who have left the United States, they can only apply for I-60 1 visa exemption. Because according to the regulations, foreigners who are not allowed to enter the United States once they leave and want to apply for returning to the United States for whatever reason, they need to apply for I-60 1 exemption at the American embassy or consulate in their country of origin. Compared with I-60 1A, I-60 1 has a low success rate and takes a long time, but it is the only way for undocumented immigrants to return after leaving the United States.

If you escape from the court, you can also apply.

● Q: Can a person who has escaped from the court and has an expulsion order on his back directly apply for exemption from the expulsion order without applying to the immigration court or the Immigration Appeal Board, and then apply for the expanded version of I-60 1A exemption? If yes, can I-2 12 form be submitted at the same time as I-60 1A exemption extension?

The most important thing in the expanded version of lawyer A:I-60 1A's exemption is that undocumented guests ordered to be deported can apply for temporary exemption without waiting for the court to file a retrial, and even people with a history of escaping from court can enjoy this right. However, the applicant must first submit the form I-2 12 to apply for exemption from the expulsion order, and then submit the temporary exemption I-601A. After being approved, he can go back to the consulate of his home country for an immigration interview.

The audit standard remains unchanged and the forecast is moderately relaxed.

● Q: The original I-60 1A was subject to harsh examination conditions, and background investigation was taken into account. Will the expanded version relax the review conditions? Will the background check be handed over to the visa officer of the overseas consulate in the future?

Lawyer A: Expanding the conditions of use will not change the audit standard of I-60 1A exemption. However, I predict that the expanded version will make the success rate higher, mainly because both the approver and the applicant have a clearer guidance plan, which also means that the time of the whole application process will be shortened. However, background checks on criminal records, immigration records, etc. It is still all done by local authorities in the United States, and overseas visa officers only decide whether to issue visas based on the results of the investigation.

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