Thomas K. Brown Immigration

Current Events in Immigration Law

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.

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