Legomsky on New Unlawful Presence Waivers


Stephen H. Legomsky, chief counsel for U.S. Citizenship and Immigration Services (USCIS), was the keynote speaker at this year’s Immigration Law Teachers Workshop at Hofstra University from May 31-June 2.

One issue that was on a lot of people’s minds was when guidance on filing hardship waivers (“601 Waivers”) in the US for spouses and children of US citizens will begin. Formerly, people who had been in the US unlawfully and were not eligible to adjust their status in this country had to go home to apply for a waiver. In January, the Obama folks announced that these waivers would be adjudicated here in the US, creating some joy in the immigrant community, but as of today there is no new policy in place.

Legomsky said that guidelines will be out by “the end of the calendar year.” I know most of us would like to see them as soon as possible.

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Patrick Young blogs daily for Long Island Wins. He is the Downstate Advocacy Director of the New York Immigration Coalition and Special Professor of Immigration Law at Hofstra School of Law. He served as the Director of Legal Services and Program at Central American Refugee Center (CARECEN) for three decades before retiring in 2019. Pat is also a student of immigration history and the author of The Immigrants' Civil War.