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
Thomas Brown |
waivers |
no comments
The link is here.
Here’s the family table:
| Fam-ily |
All Charge- ability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIPP-INES |
| 1st |
22JUN04 |
22JUN04 |
22JUN04 |
01OCT92 |
01MAR94 |
| 2A |
01APR06 |
01APR06 |
01APR06 |
01JUL04 |
01APR06 |
| 2B |
01FEB02 |
01FEB02 |
01FEB02 |
15JUN92 |
22AUG98 |
| 3rd |
22MAY01 |
22MAY01 |
22MAY01 |
08OCT92 |
01MAR92 |
| 4th |
15JAN00 |
15JAN00 |
15JAN00 |
08DEC95 |
01SEP87 |
And here’s the employment table:
| |
All Charge-ability Areas Except Those Listed |
CHINA- mainland born |
INDIA |
MEXICO |
PHILIP-PINES |
| Employ-ment -Based |
|
|
|
|
|
| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
08JUL05 |
01FEB05 |
C |
C |
| 3rd |
15DEC02 |
15DEC02 |
01JUL01 |
01JUL02 |
15DEC02 |
| Other Workers |
01JUN01 |
01JUN01 |
01JUN01 |
01JUN01 |
01JUN01 |
| 4th |
C |
C |
C |
C |
C |
| Certain Religious Workers |
C |
C |
C |
C |
C |
| 5th |
C |
C |
C |
C |
C |
| Targeted Employ-ment Areas/ Regional Centers |
C |
C |
C |
C |
C |
| 5th Pilot Programs |
C |
C |
C |
C |
C |
February 11th, 2010
Posted by
Thomas Brown |
visa bulletin |
no comments
An article in the Christian Science Monitor clarifies exactly what Temporary Protected Status (TPS) is. I agree with the author — the United States is the leading western hemisphere democracy and in the best shape to assist with the unfolding humanitarian crisis gripping Haiti right now. TPS is one of many tools at our disposal. Here’s a link to the article.
February 3rd, 2010
Posted by
Thomas Brown |
tps |
no comments