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Petitioning USCIS-Western Region and 17 others

I-601 Waiver violates US Citizen's constitutional Rights

One would think that the U.S. government cares about families and would not create laws that would separate them.  Unfortunately, this is not true, everyday millions of families are fighting to keep their families together.  This is the case for millions of U.S. Citizens married to undocumented immigrants.  They are being punished for having said "yes" and entered into a marriage.  Many of these couples have children born in this country.  The immigration laws are illogical and unconstitutional. They violate the right to due process and the pursuit of happiness to US Citizens who are married to undocumented immigrants. For this reason, we are organizing a class  action law suit that will challenge the laws pertaining to U.S. Citizens, in this case, the I-601 waiver.

The I-601 waiver, is the only form of relief for those who entered without inspection and have not lived more than 10 years in hte US and came after 2001, to be admitted to the United States.  This waiver does not necessarily excuse the immigrant from entering without inspection. It simply allows that immigrant the opportunity to apply though consular processing for a visa number which will then allow him to seek permanent residence in the United States. Without this waiver, the immigrant would not be given a visa number, and therefore would be unable to seek legalization. A person who is illegal in the US and is deported from the US is banned from re-entering the US for 3-10 years if you overstayed less or over 180 days.  You cannot re-enter the US, unless you seek a 212 waiver after deportation.  Most immigrants in deportation proceedings are advised by thier legal counsels to ask for "voluntary departure", which will allow the immigrant to leave on their own terms and be given between 60-120 days to depart the US and without the stigma of having being "deported" but you cannot seek any other relief if choose this option.

Regardless of how you leave the country, the immigrant still needs a I-601 waiver if they plan to re-enter the US legally.  If granted, the 601 waiver will excuse or pardon any reasons for excludability which includes overstaying more than 180 days, criminal convictions, associations with terrorist organizations, infectious diseases and other forms of exclusion. 

In order to be granted a I-601 waiver, the US Citizen, petitioner, has to prove to the US Citizenship and Immigration Service (USCIS) or the U.S. Attorney General that the U.S. Citizen will suffer "extreme hardship".  This is where the problem starts because the definition of "extreme hardship" is vague and your life can depend on whom defines this test of hardship.  They will not take into account the hardships or suffering of the illegal immigrant but rely solely on the evidence provided by the U.S. Citizen.  If the Immigration Officer, does not grant this 601 waiver, then the immigrant relative will have to wait outside of the US for whatever period their bar , which is usually 10 years.   Ten years, or a decade is a long time to wait for a US Citizen spouse, specially those with children.  The Ciitizen spouse has to choose whether to follow their spouse to a strange country or to stay without them and suffer in the US. Whatever choice they make they are directly being punished for simply marrying an undocumented immigrant.  For this reason, we challenge the current immigration procedures and ask for the I-601 waiver to be decided by a jury not an Immigration Officer because it directly affects a US Citizen.  The US Citizen is being denied due process and the pursuit of happiness. 

We ask those US Citizens who have been affected by the 601 waiver to join us.

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