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Gm520

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Week 2 Homework GM520
Joefred B Devicais

1. United States Citizenship and Immigration Services – The USCIS is the government agency that oversees lawful immigration to the United States. The agency provides accurate and useful information to customers granting immigration and citizenship benefits.

Proposed changes: USCIS Proposes Process Change for Certain Waivers of Inadmissibility.

I am a business owner in Daly City, California and this interests me and will impact my potential immigrant employees with the new USCIS regulation.
This will affect my employees emotional and financial stability due to family separation.

2. The change will reduce the time US citizens separated from their immediate relatives to include spouse, children and parents. If the relative can prove that being separated from their US citizen relative would cause extreme hardship, applying for a provisional waiver of the unlawful presence ground of inadmissibility while in the United States reducing the time separated from their relative.

3. My comment is that this provisional waiver would be very beneficial to the US citizen relative emotionally and financially. Most families live with dual income status and spouse support with childcare and other day to day functions and work at the same time. Therefore, shorter family separation lessens the burden of the US citizen’s hardship.

4. Comment period from April 2,2012 to June 1,2012.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)
(will provide after homework due)
b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.
(will provide after homework due)
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?
(will provide after homework due)
Answer all of these questions for #5 even if you are in favor of your proposed regulation. The response to question 5 should be a minimum of 2-3 paragraphs long. (25 points)

USCIS Proposes Process Change for Certain Waivers of Inadmissibility
Released: March 30, 2012
Proposal would reduce time that U.S. citizens are separated from immediate relatives
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.
“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.”
USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.
The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.
USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.
A detailed Web page addressing the proposed rule is currently posted to http://www.uscis.gov/provisionalwaiver. Additional details on the proposed process changes will be available at www.regulations.gov on April 2, 2012. For more information on USCIS and its programs and services, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e784875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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