Immact 1990

[Bebeau]

I am getting ready to start work on my waiver. I have heard so much about -
permanent rules, transitional rules and IMMACT of 1990. I understand that the waivers are all about prior immigration violations, so it is important to know when the violation(s) occurred and file the waiver under the correct rule. Does anyone know about IMMACT 1990 or the pre-IIRIRA rules governing 601 waivers especially in terms of hardship, extreme hardship and extreme and unusual hardships? Who qualifies under these rules? US citizen or permanent resident only? Hoa about children and the alien ?

[sunnysol]

Hi Goderich--Nice to see you posting--I read something on the ilw.com website posting by a man named Mohan who wrote that it was critical for people who write the HSL to be sure to note the date that the violations occurred--Perhaps someone else could chime in, but I think that before 1996 the qualifying relative was still the USC spouse but I think that only "hardship" had to be proven. If you have a chance, would you read my HSL under HSL review--and let me know what you think. I will try to research IMMACT of 1990.

[sunnysol]

I just found this little snippit
[4] Prior to its amendment in 1996, an alien was not required to make a showing of extreme
hardship. Also, an alien could obtain a waiver if he or she could show that the fraud or
misrepresentation occurred at least ten years before the date of application for a visa, entry, or
adjustment of status, and that her or his admission would not be contrary to the welfare, safety, or
security of the U.S. See, INA § 212(i), as first amended by the Immigration Act of 1990.
<http://www.maggio-kattar.com/practice/waivers/articles/EXTREME-HARDSHIP-FOR-WAIVERS-OF-INADMISSIBILITY.pdf>

[Bebeau]

Sunnysol, hello again I will read your letter right away. Can you move this posting to 601 -all countries so it can get more exposure

[sunnysol]

Thanks--I really appreciate your insight!