Differences between American immigrants 60 1 and 60 1A

Hello, the Citizenship and Immigration Service (USCIS) of the US Department of Homeland Security (DHS) announced the rule of "expanding temporary exemption for illegal immigrants" on the 29th (referred to as I-60 1A extended temporary exemption rule), which will take effect on August 29th.

According to the "I-60 1A Extended Temporary Exemption Rule", all illegal immigrants who are eligible to apply for immigrant visas in the United States, if their parents or spouses are American citizens or permanent residents, can apply for temporary exemption from illegal residence in the United States for three to ten years and are not allowed to re-enter.

Therefore, applicants for this rule must now be in the United States, and their parents or spouses are American citizens or permanent residents. After submitting the application in advance in the United States, the applicant can wait for the result of the immigration office in the United States. Immigration requires applicants to prove that separation will cause extreme hardship if relatives cannot enter the United States, and then applicants can decide whether to go overseas for visa interviews. If you pass the test-free, the applicant usually has to return to his own country, pass the visa interview and then return to the United States. The consulate checks to determine whether the applicant has violated other laws. If so, the visa may be refused.

It should be noted that I-60 1A can only be exempted from entry ban because of illegal residence, and the applicant's father, mother and spouse must be American citizens or permanent residents.

I-60 1A is just an improved version of I-60 1, which belongs to an upgraded version to reduce risks.

According to the immigration law of the United States, if an undocumented foreigner illegally stays in the United States for less than half a year, the consulate will not embarrass him when he enters through legal channels after leaving the country. However, if you stay illegally for more than half a year, you will face a three-year ban on entry when you apply for entry again. If you stay illegally for more than one year, you will face a penalty of not entering the country for ten years.

If American citizens apply for I- 130 for their immediate family members and pass it, their immediate family members who go to the consulate for visas will face the threshold of not being allowed to enter the country for 3 years or 10 years if they are found to have stayed illegally for more than half a year.

I-60 1 was introduced to avoid the waiting period of 3 years or 10 years. There are two conditions for applying for I-60 1: the application must be abroad, and the eligible immediate family members applied for I- 130 and were approved.

Because I-60 1 requires to apply after leaving the country, and applying for a visa after leaving the country is also risky, illegal immigrants will not take the initiative to apply for I-60 1 unless they are deported.

I-60 1A is to reduce the risk of reapplying for a visa after leaving the country and shorten the waiting time for returning to the United States after leaving the country. Therefore, allowing the immediate family members (spouses or children) of American citizens to submit an application for exemption in the United States and leave the country after the application is approved can not only reduce the risk of unsuccessful application, but also shorten the time for family separation.

The history of "expanding the temporary exemption for illegal immigrants who are not allowed to enter the country"

The executive orders on immigration reform issued by President Obama on June 20 14/1expanded two items, namely "Deferred Repatriation of Young Undocumented Immigrants" (DACA) and "Deferred Repatriation of American Citizens' Parents" (DAPA), which suffered setbacks in the Supreme Court, but other items were not blocked, including the expansion of temporary exemption.

On July 22 last year, USCIS published a draft to expand the temporary exemption, and opened it for 60 days to solicit public opinions. The final details were announced on July 29th.

Compared with the previous 20 13 temporary exemption rule (only illegal immigrants whose parents or spouses are American citizens can apply for exemption), the revised expanded temporary exemption rule is extended to all relatives of illegal immigrants whose parents or spouses are American citizens and permanent residents.

The amendment still retains the requirement that applicants must prove that separation will cause extreme difficulties if their relatives cannot enter the United States.

In addition, I-60 1A can only be exempted from entry ban because of illegal residence. In the past, when the Immigration Bureau tried the I-60 1A application, if it thought that the applicant would be rejected by the consulate if he violated other laws, he could refuse the application 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 Form and its filling instructions can be inquired at the Immigration Bureau in official website, but the official form will not take effect until August 29th, so those who meet the requirements should not apply in advance:

Main steps of applying for I-60 1A:

The application for 1.I- 130 must be completed by the applicant's immediate family members (American citizens or legal residents) of I-60 1A, and can be submitted by the applicant's 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, apply for an exit visa and re-enter.

Main points of applying for I-60 1A:

1, which is extremely difficult to prove. If you can't enter the United States, separation will cause extreme hardship.

2. 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.

Risks of applying for I-60 1A

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. However, everything is risky. There are two main risks in 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, when the applicant returns to China for visa interview, the embassy or consulate may find some problems that were not found when applying for I-601A, such as having cheated the United States and having a criminal record. Then he may not be able to enter the country immediately after leaving the country, and it may be very troublesome to apply for other corresponding exemptions before entering the country.

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.

Hope to adopt thank you! Our skilled immigrants in Canada are RMB 300,000, and there is no charge for failure! !