Requests to Expedite Processing Form I-601, Extreme Hardship Waiver

June 2012

Recently, USCIS submitted new guidelines on how to process requests to expedite the adjudication of Forms I-601 filed by individuals outside the U.S. This policy states that in extraordinary circumstances, USCIS managers may exercise discretion on a case-by-case basis to approve a request to expedite adjudication. The following applicants may be eligible for expedited I-601 extreme hardship waivers: the applicant has critical medical needs, the applicant’s family member in the U.S. has a serious medical condition, the applicant or their family member is vulnerable due to age, serious medical condition, or disability, death or serious illness of a family member, or it would be in the U.S.’s national interest to have the applicant in the U.S. Effective June 4, 2012, individuals outside the U.S. generally will be required to file their waiver applications with a USCIS Lockbox. All requests to expedite will be reviewed within five business days of receipt of the request and if the decision is to approve the request to expedite, the applicant will be notified within ten business days of receipt of the request. [See Full Article]

Deferred Action by Obama Executive Order For Young DREAMers who Entered Illegally or Brought by Parents

On June 15, 2012, the Department of Homeland Security formally announced that it will offer deferred action to young aliens who entered the country illegally, referred to as "DREAMers." This policy was implemented through an executive order by President Obama. Under the new deferred action policy, the USCIS will exercise prosecutorial discretion to permit those undocumented aliens to receive work authorizations that will last a period of 2 years. Such work authorizations will be renewable for two-years upon expiration. The relief also applies to those illegal aliens already in deportation or removal proceedings in front of an immigration court or judge.

To be eligible, such aliens must:

1. Have arrived in the U.S. when they were under the age of sixteen

2. Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012

3. Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces

4. Not have been convicted of a felony offense, a “significant misdemeanor offense, three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety

5. Have been under thirty-one years old on June 15, 2012 [See Full Description]

USCIS Issues Memo on Deferred Action And Prosecutorial Discretion for Dreamers

June 15, 2012 - The USCIS has issued a memorandum that contain the guidelines for the executive order for deferred action issued by the president for Dreamers who entered illegally as children or with their parents. The Department of Homeland Security explains how prosecutorial discretion is to be applied and enforced for people who came in illegally under the age of sixteen (16) and extend to those who are thirty (30) years of age.

The memorandum outlines the qualifications for the application, the procedures for those in removal or deportation proceedings, the effective date of implementation which is approximately 60 days (August 15, 2012), acceptance of applications qualifying undocumented aliens, and qualifications for work authorization and EAD cards by illegal aliens who qualify. [Read The Memo Regarding Prosecutorial Discretion for Those Who Entered As Children].

USCIS Issues Press Release On Deferred Action For Young Immigrant Children To Become Legal and Get Work Permits

June 15, 2012 - The USCIS issued a press release which announces the creation of deferred action for young children who entered illegally. The deferred action process permits qualifying aliens to remain in the country and apply for work authorizations which may be renewed every 2 years. To qualify, undocumented illegal aliens must have entered the United States by the age of 16, have no serious criminal convictions, are in school or members of the military. Applicants must also prove that they have been in the United States for at least 5 years. [Read The USCIS Press Release on Deferred Action].

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