Tuesday, March 12, 2013

The Administrative Amnesty Has Many Facets

The Obama Regime Administrative Amnesty has many facets, and one of those is the abuse of provisions of law and the legal process.  In this case the provision of waivers for illegal aliens who are living in the United States.  These waivers refer to the 3 and 10 year bars to those aliens who have lived various amounts of time in the United States unlawfully.  The 3 year bar is for those aliens who stayed illegally for less than one year and the 10 year bar is for those who have been in the U.S. for more than one year.

There is, however, a waiver for the bar.  And the standard for the waiver is extreme hardship for the petitioning U.S. citizen spouse or parent.  The law requires that the waiver be applied for at an American diplomatic post abroad and be adjudicated by the Department of State.

However, as reported by this blog, the lawless Obama Regime has flouted the law and has begun accepting applications for the waiver submitted by aliens currently living unlawfully in the United States and U.S. Citizenship and Immigration Services (USCIS) is accepting and adjudicating those applications submitted on USCIS Form I-601, Application for Waiver of Grounds of Admissibility.

True to for, further information is coming out about the ongoing Waiver Amnesty concocted by the Obama Regime from the Treason Bar:

ILW.com March 8, 2013 by Alan Lee
Notes From The 2/26/13 U.S.C.I.S. Teleconference on I-601A Provisional Unlawful Presence Waivers

In an unprecedented move, the Regime has redefined the waiver law, where the hardship must be experienced by the petitioning U.S. citizen, and extended that to other U.S. citizen relatives of the petitioning U.S. citizen.  In this case USCIS stated that the grandparent of a petitioning U.S. citizen can be experiencing extreme hardship in place of the petitioning U.S. citizen.

Specifically they were confused as to whether parents qualify for the waiver - how a U. S. citizen petitioner could petition for his or her parent and have the parent gain an I-601A waiver since the child could not be a qualifying family member for the hardship finding (must be U. S. citizen parent or spouse). Clarification was given in an example in which the U. S. citizen child could petition on the I-130 for the parent, and the parent could show extreme hardship to the parent's U. S. citizen parent - in other words, the petitioner's grandparent. The answer illustrated the rule that the qualifying U. S. citizen for extreme hardship does not have to be the same person as the I-130 petitioner.

To facilitate illegal aliens, the whole process will be paperwork only, there will be no interviews of the illegal aliens or the petitioning U.S. citizen.  All petitions will be approved at a central office.  This is a process specifically designed to facilitate fraud.  The theory behind the waiver is that the petitioning U.S. citizen is wholely dependent on a spouse or child who is an illegal alien, such as some extreme mental or physical disability and the illegal alien must remain to care for the stricken U.S. citizen.  

The National Benefits Center (NBC) will review the applications and can send out Requests for Further Evidence (RFE's) if needed. The NBC will inform the National Visa Center (NVC) of I-601A receipt and decision. In the event of denial, applicants will only have the recourse of filing another waiver application.

That is the theory, but in practice USCIS will accept any lie and not interviewing the U.S. citizen and the alien face-to-face is purposefully designed to prevent information about possible fraud to come to the attention of the officer adjudicating the petition.  No reasonable decision can be reached without face-to-face interviews, so the adjudicators will be blindly adjudicating a piece of paper, not people.  It is the "Get To Yes" management imperative, which is approval, not denial, policy of any and all applications.

As further evidence of the fraud tolerant policy, the Department of State will be prohibited from reviewing the waivers for fraud indicators, which would in many cases become readily apparent when the alien and petitioner arrive at the American diplomatic post for their immigrant visa interview:

A questioner was also concerned that the extreme hardship finding by U.S.C.I.S. would be revisited at the consulate and whether applicants could rely upon the U.S.C.I.S. decision - to which the Department of State representative responded that only U.S.C.I.S. has authority to make a finding of extreme hardship and that is part of the I-601A adjudication; that consular officers have no authority to review I-601A adjudications.

There it is, defy the law and Congress and accommodate fraud.  The latest facet of the Obama Regime Administrative Amnesty.


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