Law Office of Thomas K. Brown, LLC

Immigration and Family Law in Maryland

NYT: A Fatal Ending for a Family Forced Apart by Immigration Law

This is a really sad story.  In some cases, out of status immigrants can legalize inside the US without leaving.  For many, this isn’t an option.  Instead, they must leave the US and hope to return legally.  Usually this involves seeking a “hardship waiver” — a form of relief where immigrants can return to the US despite being required by law to wait outside for 3 or 10 years.  It involves a showing of some kind of extraordinary hardship — not the usual hardship (if there is such a thing) associated with separated families.  Consular posts have a huge amount of discretion in these cases and there’s really no effective path to appeal an adverse decision.  Faced with that, Mr. Encalada took his own life.

February 12th, 2010 Posted by | waivers | no comments

New Hardship/Inadmissibility Waiver Form Coming

Yesterday’s Federal Register contained the following from DHS regarding a proposed new I-601 Waiver of Grounds of Inadmissibility.  The text is below for your enjoyment.

[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Page 4968-4969]
From the Federal Register Online via GPO Access []



U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-601, Revision of a Currently Approved Information Collection; Comment Request

ACTION: 30-Day Notice of Information Collection Under Review: Form I- 601, Application for Waiver of Grounds of Inadmissibility; OMB Control No. 1615-0029.


The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on September 3, 2008, at 73 FR 51502, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection.

The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until February 27, 2009. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at, and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at

When submitting comments by e-mail please make sure to add OMB Control Number 1615-0029 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

[[Page 4969]]

(2) Evaluate the accuracy of the agencies estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Overview of This Information Collection

(1) Type of Information Collection: Revision of a currently approved information collection.

(2) Title of the Form/Collection: Application for Waiver of Grounds of Inadmissibility.

(3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-601. U.S. Citizenship and Immigration Services.

(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or Households. The information collected on this form is used by U.S Citizenship and Immigration Services (USCIS) to determine whether the applicant is eligible for a waiver of excludability under section 212 of the Immigration and Nationality Act.

(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 17,500 responses at 1\1/2\ hours per response.

(6) An estimate of the total public burden (in hours) associated with the collection: 26,250 annual burden hours.

If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: http://

If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529-2210, (202) 272-8377.

Dated: January 23, 2009.
Stephen Tarragon,
Deputy Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services.
[FR Doc. E9-1798 Filed 1-27-09; 8:45 am]


January 29th, 2009 Posted by | waivers | no comments