[Transcript]
There are many people who are present in the United States that will have some difficulties when they apply for adjustment of status. Residency can be denied for several reasons if you have had a prior immigration violation or, if at the time you entered the United States you provided some false or misleading information. Under section 2.12 many people are allowed to remain in the United States even if they have committed an immigration violation such as this. The immigration service will look at the family contact that the person has and if the applicant can demonstrate that their family members (spouses or parents) in the United States that have either residence status or citizenship status will suffer an extreme hardship, then they will be allowed to remain in the United States with residency status even though they have committed a prior immigration violation. The Immigration Service will look at several factors, including economic factors, health factors, and the emotional impact of having this person in the family removed from the United States. And after they review those factors they will make a decision thinking about how a deportation or a denial will affect the family members who have residency or citizenship status. There have been several appeals court decisions in the last two yeas that have been extremely favorable. And this is an avenue that anyone who is concerned with their prior immigration history should investigate.
Learn More About the Immigration Pardon and Expansion of the I-601A Waiver
- Read more about the immigration pardon or 601A waiver [1] in effect since March 4, 2013
- Read more about the expansion of the I-601A waiver [2] in effect on August 29, 2016