DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
March 10, 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Extreme Hardship Waivers
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Extreme Hardship Waivers: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.lawsc...
Extreme Hardship Waivers
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
A. Overview
Waivers of inadmissibility generally authorize U.S. immigration authorities to balance competing policy considerations when determining whether a foreign national should be admitted to the United States despite his or her inadmissibility.
On the one hand, the foreign national has engaged in conduct that Congress considers serious enough to render the individual inadmissible to the United States. On the other hand, Congress specifically authorized waivers of these grounds of inadmissibility for those cases in which the refusal of admission “would result in extreme hardship.” To meet this “extreme hardship” requirement, the applicant must show that refusal of admission would impose more than the usual level of hardship that commonly results from family separation or relocation. Congress clearly intended the waiver to be applied for purposes of family unity and with other humanitarian concerns in mind.
B. What is Extreme Hardship
The term “extreme hardship” is not expressly defined in the Immigration and Nationality Act (INA), in Department of Homeland Security (DHS) regulations, or in case law (although DHS regulations and certain Board of Immigration Appeals (BIA) decisions have provided some relevant guidance with respect to what may constitute extreme hardship in certain contexts). As the U.S. Supreme Court recognized in INS v. Jong Ha Wang, “[t]hese words are not self-explanatory, and reasonable men could easily differ as to their construction. But the [INA] commits their definition in the first instance to the Attorney General [and the Secretary of Homeland Security] and [their] delegates.”
Therefore, “[t]he Attorney General [and the Secretary of Homeland Security] and [their] delegates have the authority to construe ‘extreme hardship’ narrowly should they deem it wise to do so.” Conversely, “[a] restrictive view of extreme hardship is not mandated either by the Supreme Court or by [the BIA] case law.”
USCIS recognizes that at least some degree of hardship to qualifying relatives exists in most, if not all, cases in which individuals with the requisite relationships are denied admission. Importantly, to be considered “extreme,” the hardship must exceed that which is usual or expected. But extreme hardship need not be unique, nor is the standard as demanding as the statutory “exceptional and extremely unusual hardship” standard that is generally applicable to non-lawful permanent resident cancellation of removal.
January 31, 2017
2017 BULLETIN VISA
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589
(973)621-9300
Website: www.lawschell.com
This bulletin summarizes the availability of immigrant numbers during February for: “Final
Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants
should be notified to assemble and submit required documentation to the National Visa
Center.
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
A. FINAL ACTION DATES FOR FAMILY-SPONSORED
PREFERENCE CASES
PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22FEB10 | 22FEB10 | 22FEB10 | 08MAY95 | 01DEC05 |
| F2A | 15APR15 | 15APR15 | 15APR15 | 01APR15 | 15APR15 |
| F2B | 08JUL10 | 08JUL10 | 08JUL10 | 08NOV95 | 08APR06 |
| F3 | 22MAR05 | 22MAR05 | 22MAR05 | 15DEC94 | 08SEP94 |
| F4 | 08FEB04 | 22JAN04 | 15JUN03 | 22MAY97 | 22JUN93 |
| 22MAR05 |
| 22MAR05 |
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN11 | 01JAN11 | 01JAN11 | 01JUN95 | 01MAY06 |
| F2A | 22NOV15 | 22NOV15 | 22NOV15 | 22NOV15 | 22NOV15 |
| F2B | 08FEB11 | 08FEB11 | 08FEB11 | 01JUN96 | 01FEB07 |
| F3 | 22AUG05 | 22AUG05 | 22AUG05 | 01MAY95 | 01JAN95 |
| F4 | 01JUL04 | 01JUL04 | 01MAY04 | 01DEC97 | 01APR94 |
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
A. FINAL ACTION DATES FOR EMPLOYMENT-BASED
PREFERENCE CASES
PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
| Employ- ment based | All Charge- ability Areas Except Those Listed | CHINA- mainland born | EL SALVADOR GUATEMALA HONDURAS | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 15NOV12 | C | 15APR08 | C | C |
| 3rd | 01OCT16 | 01OCT13 | 01OCT16 | 22MAR05 | 01OCT16 | 15OCT11 |
| Other Workers | 01OCT16 | 01DEC05 | 01OCT16 | 22MAR05 | 01OCT16 | 15OCT11 |
| 4th | C | C | 15JUL15 | C | 15JUL15 | C |
| Certain Religious Workers | C | C | 15JUL15 | C | 15JUL15 | C |
| 5th Non-Regional Center (C5 and T5) | C | 15APR14 | C | C | C | C |
| 5th Regional Center (I5 and R5) | C | 15APR14 | C | C | C | C |
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
VISA APPLICATIONS
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01MAR13 | 22APR09 | C | C |
| 3rd | C | 01MAY14 | 01JUL05 | C | 01SEP13 |
| Other Workers | C | 01AUG09 | 01JUL05 | C | 01SEP13 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) | C | 15JUN14 | C | C | C |
| 5th Regional Center (I5 and R5) | C | 15JUN14 | C | C | C |
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