AILA makes recommendations to restore due process for Central American children, families, and adults seeking asylum and legal protection at our border. Read Report Today
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Representing Clients in Immigration Court, 4th Ed., Edited and Updated by Michelle N. Mendez
Please view updated versions of Appendices 24 and 25, located on pages 628 and 629 of Representing Clients in Immigration Court, 4th Ed.
Immigration Law and the Family, 4th Ed., Edited by Charles Wheeler
Shortly after Immigration Law and the Family was published, DHS, on July 29, 2016, issued a final rule expanding the availability of the provisional unlawful presence waiver to individuals who would be statutorily eligible for an unlawful presence waiver under INA §212(a)(9)(B)(v). The rule also made additional changes to the current provisional waiver process. Charles Wheeler, the book's editor, provides updated information on the provisional waiver program as a supplement to the section in Chapter 7 of the book entitled, "INA §212(a)(9)(B)(v) Waiver for Unlawful Presence."
Thereafter, on October 21, 2016, USCIS issued policy guidance in its Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance became effective December 5, 2016, and is controlling and supersedes any related prior USCIS guidance. In the final guidance, USCIS delineated a number of "particularly significant factors" that "often weigh heavily in support of finding extreme hardship." Charles Wheeler provides updated information to supplement the section in Chapter 7 of the book entitled "Extreme Hardship."
Kurzban's Immigration Law Sourcebook, 15th Ed., by Ira J. Kurzban