- The latest policy memo from USCIS on how they are going to treat denials
- Our latest hardship waiver success story
First let’s start off with the good news: I want to share one of our latest approvals for a J1 hardship waiver. Both of our clients were on J1 and J2 : their child was aU.S.citizen. We were able to show is exceptional hardship based off of the child’s safety health and education. Based off of those factors, among other factors, if theirU.S.citizen child had to go back to the home country they would face exceptional hardship. Our client is from South Asia and in this specific country there’s political unrest, a shortage of daily necessities and lack of education that the child would face – There is also an economic crisis. So by discussing and creating an argument and providing documentation that demonstrates what was occurring in our clients home country, we were able to get an approval. Now we’re going to talk about one of President Trump’s latest policies that has trickled down to USCIS where they’ve issued a memorandum talking about how USCIS will issue what’s called a notice to appear in removal proceedings if your case is denied. Unless you’re able to maintain status when you apply for an application (for instance if you apply for a marriage-based greencard and you’re on an H1B Visa) it’s important to maintain your lawful status because if you’re not maintaining lawful status, now USCIS is going to issue the notice to appear for Removal Proceedings if their case is denied unless you are in some form of lawful status. If you’re applying for citizenship or a greencard renewal this would not apply unless, when you’re applying for citizenship, you’re not having a good moral character because of a criminal situation. If they find that you don’t have a good moral character because of a criminal issue they could also issue a notice to appear as well. We are very disappointed by this memorandum: this is one of the worst things that I’ve seen since I’ve been practicing for over 16 years. We know it’s very stressful during this time so I welcome you to contact our office at (916)-220-3137. I want to thank you for tuning in and ask your questions below or call us at 916-220-3137 see you next Wednesday – Thank you and have an awesome day