We received two calls yesterday one from Southern California and the other from Northern California about a proposed “amnesty” by the Obama administration for illegal aliens. They wanted to know whether a “friend” of theirs one being the son of a deceased U.S. citizen and the other being the parent of a U.S. resident were covered by the “amnesty”. They said there were people saying that they could help obtain “amnesty”.
We told these folks that this is just another “hoax” or “palabas” of the Obama administration like the one we wrote about last year regarding a new policy of the Obama administration to review the deportation cases of innocent young children who were brought illegally to the U.S. in order to concentrate resources on criminal aliens. Only last week an innocent young son of an alien who was brought illegally to the U.S. was arrested by immigration officers and placed in detention. “Review,” indeed.
The news articles we read on the subject were in pro-Obama newspapers and the thrust was that Obama was seeking to “repair relations with a crucial voting bloc” obviously the Latino bloc to aid his reelection efforts. As we mentioned in a previous article, Obama is the president who has deported the most aliens in history apparently to show that he is not “soft” on illegal immigration which the Republicans are charging him with. Is he getting “soft” or is this just for election purposes?
Who are covered
The reported proposal by Obama subalterns in the Department of Homeland Security would allow undocumented aliens who entered the U.S. illegally and who have parents or spouses in the United States to obtain waivers without having to leave the country. If a waiver is granted, the alien can apply for a green card. According to the report under current law the undocumented alien must go back to his home country to apply for a waiver and suffer long delays and the possibility of rejection. Most of them are Mexicans and they go to the border town of Ciudad Juarez to apply for a waiver at the U.S. Consulate there. Many reportedly get a waiver. Have you heard anybody obtaining a waiver in Manila who entered the U.S. illegally previously?
What is a waiver
In the immigration context, to ask for a waiver is to ask forgiveness for an immigration violation, like having entered the country illegally. To obtain a waiver for lack of an immigrant visa, you must have a qualifying relative, such as a parent or spouse who is a U.S. citizen or lawful permanent resident. INA Section 212(i).
Extreme hardship
Additionally, you must show by clear and convincing evidence that your parent or spouse will suffer “extreme hardship” if you are removed or excluded from the U.S. Your hardship as an illegal alien is immaterial. “Extreme hardship” is a very high standard and is extremely hard to prove. I have read more than 500 cases on this issue in connection with a book I am writing on waivers and less than five percent were able to show extreme hardship. Not every hardship or the usual inconvenience suffered as a result of deportation and separation from family constitute “extreme hardship”. Remember, it must be “extreme”. Economic suffering is generally not recognized as “extreme hardship”.
In addition, you must show that your positive equities outweigh your negative ones. Even if you meet all the qualifications, granting a waiver is discretionary with the Attorney General.
When to get a waiver
There are three situations in which a waiver for an immigration violation may be obtained: (1) when you are abroad and are seeking to be admitted to the U.S. and you apply for a waiver in the U.S. Consulate; (2) when you are in the U.S. and you are applying for some benefit, like adjustment of status, before the USCIS; or (3) when you are in the U.S. and are being deported and you ask for a waiver from the Immigration Judge to avoid deportation. If you fall under any of the last two categories, you remain in the U.S. while fighting for your waiver.
Caution
Before hiring somebody to help you obtain “amnesty” or waiver, determine from what we have told you if you qualify for one. If you have been hiding and hiding do you want to come out in the open and apply for “amnesty” or waiver of which you might not qualify and instead land in jail?
_____________________________________________________________
(ATTY. TIPON has a Master of Laws degree from
Yale
Law
School
and a Bachelor of Laws degree from the University of the
Philippines
. He practices in
Hawaii
, specializing in immigration law and criminal defense. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. He is from
Laoag
City
and Magsingal, Ilocos
Sur.
He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, witty, and useful radio program in Hawaii on KNDI at 1270, AM dial every Tuesday at 7:30 a.m. and on KHBC at 1060, AM dial every Thursday at 8 p.m. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)
