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ResourcesVisa & Immigration LawUS Immigration LawCould We See Improvements to the I-601 Waiver Process in the Trump Administration?

Could We See Improvements to the I-601 Waiver Process in the Trump Administration?

Transcript of the above video: 

I don't talk about I-601 Waivers all that often. For those who are unaware, if you are found inadmissible to the United States - things like overstay, we oftentimes see issues involving crimes involving moral turpitude, certain matters pertaining to drugs or narcotics as defined in the United States, and then also we sometimes see matters pertaining to prostitution here in Thailand - look there are a number of ways that one can be deemed inadmissible to the USA. 

The remedy for some findings of inadmissibility is what's called an I-601 Waiver. You petition basically the Department of Homeland Security to waive the finding of inadmissibility. And as we have discussed in other videos, depending on the underlying facts in the given case, you may be able to petition the Department based on different sections of the Immigration Act. 

That being said, the question posed by this video, 'are we going to see at least some improvement in the I-601 process?' I did another video recently where I discussed the most sickening case I have seen and it's been in the I-601 context because I've seen one client particularly, where they wouldn't even adjudicate his I-601 petition. They said, "oh well we revoked the underlying petition, so we won't adjudicate the I-601", except for the fact that the 601 was filed prior to the revocation of the underlying petition which procedure dictates, you need to adjudicate to 601. Their reasoning for denying the 601 was "we revoked the petition". Well, it's circular nonsense BS is basically what it is. In that particular case, we then turned around and filed a motion to reopen citing, "hey, we filed this timely, you never adjudicated the 601". To which they then turned around and just said, "well because we say so again". The client in that case is now having to utilize litigation services over in the United States; I don't know how that's all going to play out. We are not really able to interact with the Courts in the same way Immigration Attorneys in the USA are, although we are able to interact with Embassies in ways that folks in the United States maybe are not necessarily able to do, especially here through Thailand, in terms of just being on the ground. 

That being stated, I'm really hopeful that we will see some sort of return to rule of law type of adjudication when it comes to I-601s under Trump. I do get what he's doing with respect to securing the Southern Border. I think it's absolutely necessary, but we also have to adhere to our legal frameworks and I-601 Waivers are a legal remedy at law under our Immigration System as it stands and I'm hoping under this Administration, they will adhere to the relevant rules and regulations regarding adjudication of I-601 waivers.