DHS Giving Illegal Immigrant ‘Petty’ Criminals Second Chance in Waiver Application Process

Caroline May, Daily Caller, March 24, 2014

Are you an illegal immigrant whose waiver to stay in the country was denied because of your criminal past? Well, you’re in luck, because the Obama Administration may let you stay in the country anyway.

In a guidance distributed to congressional offices and obtained by The Daily Caller, U.S. Citizenship and Immigration Services announced that it is reopening cases in which applications for provisional unlawful presence waivers were denied to criminals.

According to the notice, USCIS had determined that applicants should not be denied an I-601A waiver due to a past criminal offense so long as it “falls under the petty offense or youthful offender exceptions or is not considered a crime involving moral turpitude.” Last week, USCIS began reopening waiver applications denied due ‘solely’ to a prior criminal offense before January 24, 2014, “in order to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible.”

The notice does not specify what types of crimes constitute a “petty offense,” and defines neither “youthful offender” nor “a crime involving moral turpitude.” Neither DHS nor USCIS responded to TheDC’s requests for comment.

The provisional unlawful presence waiver process allows illegal immigrants who are immediate relatives of U.S. citizens to overcome their inadmissibility due to their illegal status so long as they meet all the eligibility requirements outside of being in the country illegally. Prior to 2013, people had to return to their home countries to apply for these waivers.

{snip}

According to Rosemary Jenks, director of government relations for NumbersUSA, the administration’s announcement about the new guidance is surprising.

“The fact that they are announcing it is unprecedented. The fact that they are essentially putting up a sign that says ‘petty criminals welcome,’” Jenks said.

“This is part of the overall effort to see how few people this administration can actually deport,” she added.

Read the guidance to congressional offices:

Dear Congressional Staff:

We wish to answer a question the public has posed regarding how we at U.S. Citizenship and Immigration Services (USCIS) adjudicate an application for a provisional unlawful presence waiver, Form I-601A (the “I-601A waiver”). This message will be issued to the public later this afternoon.

The provisional unlawful presence waiver process allows immediate relatives of U.S. citizens (spouses, children, or parents) who are currently residing in the United States to apply for a provisional waiver while in the United States, provided they meet all eligibility requirements outlined in the regulations and warrant a favorable exercise of discretion. The law provides that USCIS can deny an I-601A waiver application if USCIS has reason to believe that the individual is subject to another ground of inadmissibility, in addition to the unlawful presence ground that is the subject of the I-601A waiver application.

The public asked us: when the possible additional ground of inadmissibility is a prior criminal offense, does the existence of any prior criminal offense trigger the automatic denial of the I-601A waiver application, or must USCIS have reason to believe that the prior criminal offense would actually render the applicant inadmissible? There are some criminal offenses, such as certain petty offenses for example, that do not serve as a ground of inadmissibility under the governing statutes.

In response, USCIS has determined that it should not find a reason to believe that the prior criminal offense would render the applicant inadmissible and deny an I-601A waiver application based on a prior criminal offense if the criminal offense falls under the petty offense or youthful offender exceptions or is not considered a crime involving moral turpitude. This answer is reflected in USCIS’s January 24, 2014 field guidance.

Starting on March 18, 2014, USCIS will reopen, on its own motion, all I-601A waiver applications that were denied prior to January 24, 2014, solely because of a prior criminal offense, in order to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible. USCIS will re-adjudicate the cases where applicants have not been issued an immigrant visa, consistent with the new field guidance. USCIS will notify applicants (and their legal representatives) of this action within 60 days. Once the case has been reopened and reviewed, USCIS will continue to process the I-601A waiver application and either approve or deny it or request additional information from the applicant.

Applicants may check the status of their case online. For more information, please visit www.uscis.gov/provisionalwaiver.

We hope you find this information useful for your constituents.

Topics: , ,

Share This

We welcome comments that add information or perspective, and we encourage polite debate. If you log in with a social media account, your comment should appear immediately. If you prefer to remain anonymous, you may comment as a guest, using a name and an e-mail address of convenience. Your comment will be moderated.
  • Luca

    Just how low can this administration stoop? They are whoring for future votes and I imagine that over 70% of the population, if given a chance, would vote this nonsense out of existence.

    • Petronius

      Yes, just when you think they couldn’t sink any lower … they do.

      But I have to ask: How low can this country go? How much outrage and degradation will the American idiocracy continue to tolerate? Who knows? They seem to have absorbed the Liberal Death Wish, and not much else.

      • Hallie Eva [formerly IDNM]

        Were one to conduct a “man on the street” questioning, want to wager nine out of ten asked will have no knowledge of this treachery?

        • Petronius

          No bet, but they could probably name the hit song from the movie “Frozen.”

          http://cnsnews.com/mrctv-blog/matt-vespa/college-students-fail-name-single-us-senator

          • I’m not a huge fan of this Mark Dice character, the one that goes around sticking cameras into the snoots of half naked oblivious twits and ask them simple questions they can’t answer, as if half naked beach bums are representative of the whole country.

            But students at a university in Washington, D.C. should, to the very last one of them, know that an institution that is based right there in that city has two members per state and the identity of at least one of the 100 current members.

          • Hallie Eva [formerly IDNM]

            I would not know a single tune from the picture, “Frozen,” let alone the hit song.
            Hopefully, the cast has enough diversity. /sarc

    • Anon

      That’s a contradiction that should make you extremely suspicious about what is really going on.
      Whoring for future votes when its clear that, despite, overwhelming opposition today, people are unable to “vote” those who create policy this way out of office.
      There is no real “voting” going on. That should be EXTREMELY clear to everyone. We’ve had well over 100 years of extreme hostility to any immigration whatsoever and yet, immigration has gone from relatively closed, to whites only, to allowing in jews (who were banned from this country for good reason, interfering with several major wars including both the revolution and the civil war), to allowing in non-whites to allowing in basically, ONLY non-whites. At each level, 99% of people were rabidly opposed, yet it came to be.
      What is going on here is not voting. It’s a show. It’s gone from controlling all the choices (the illusion of voting) to outright rigged with a controlled media making up fantasies after the fact. In the last few years, nobody really believes it anymore.
      Immigration is, in no way, about importing votes. Rigged elections make this unnecessary. It’s in no way about making money either. Weath is resources + labor and non-white labor is worthless…..and has been since the invention of the cotton gin. Machines do simple labor, easily, and cheaply. Non-whites are completely unable to do complex labor and mental labor is just ludicrous. White people and only white people do these things. And we do them best in a white society, with our white culture.

      • Luca

        Democrats want future voters of the non-white variety because they are most easily swayed and duped by waving a few dollars or shiny objects in front of their faces.

        All politicians want an increased population because they view it as a cheap fix for Social Security and other Ponzi schemes that they can’t figure their way out of. They also think that more people equals more workers, equals more tax revenue. however, as usual, they haven’t connected the dots on that theory, it just sounds good.

        It is said Republicans want cheap labor, but I find this rather illogical when unemployment is high, most low-skilled jobs have moved offshore and there are a myriad of labor laws to contend with, minimum wage being just one.

        The Left also wants to flood the country with various ethnic groups to keep everyone fighting and busy while they dip their hands in our wallets. They want us distracted and endless immigration is only one tool in their arsenal.

        • r j p

          The SEIU.

  • Martel

    The democrat agenda is quite clear, they are desperate to change to USA into a country where whites no longer have a majority. Engelman specifically desires that the white population constitutes 40% of the US, and 40% orientals, I see no reason why other democrat pseudo intellectuals are any less irrational and dismissive of white Americans.

    • LovelyNordicHeidi

      If the desire to reduce Whites to a minority in their own homelands is not anti-White, then what is?

      • Ella

        They just want cheap labour so they can pile up millions to billions in their bank accounts. I really can’t imagine Germany, Denmark Or Austria doing these traitorous acts. Most of Europe has a long ways to go, except for England and France, and I only hope they wake up unlike Americans who will soon be displaced. What remains of the former colonies seemed to be a failure.

        • me

          Well, good luck retraining these ignorant Mestizos. They’ll have a heck of a time trying to teach them basic math, hygiene, table manners, basic English, and not to rape anyone under the age of sixteen….

        • WR_the_realist

          In Germany they imported large numbers of Turks as cheap labor.

      • Petronius

        Deep in his twisted soul every Liberal feels that our race is a Bad Thing. And that we deserve to be beaten and kicked about, bitch-slapped and spat upon by every two-bit savage immigrant and nasty little terrorist.

        Philo-immigration is really a form of betrayal. Loyalty is first and foremost loyalty due to one’s own children, family, kin, and race, forwards and backwards across the generations. It means we do not treat them as fungible and replaceable, whether as individuals, neighbors, communities, or countries.

        Loyalty is what allows our neighbors and our people to exist. Take away that loyalty and their existence –– their special place both as individuals and as a unique people in history and holding a particular place in the world’s glorious-mosaic-of-diversity –– is lost.

    • Romulus

      It would be beneficial for both of us ( J. E. And I) that he remains in his little corner of America and the internet. Face to face conversations can, at times, deteriorate rapidly.
      As much as I detest his gushing support for Asians and the Shaitan , I will concede that the latter’s ability to use their intellectual prowess to become the west’s overlords is an astonishing achievement.

      • me

        Yes, they use our own altruism and sense of justice against us….what an ‘astonishing achievement’….

        • Romulus

          I cannot post everything I truly feel and know, as it would surely truly in permanent exile, like our infamous Romanian commentator.
          *sigh* It has been a theme of mine to drop little bread crumbs here and there about the wests history over the last 2000 yrs to try and help readers discover the truth about how they came to be our overlords .

        • Alexandra1973

          That’s what he thinks.

          I’m guessing that’s what he was told to say.

        • David Ashton

          Did Kol Israel deny broadcasting this?

  • Ograf

    Sometimes I get to the point where I say to hell with it. They voted these commie traitors in , so this is what they get. I feel sorry for anyone who has grandkids though.

    • mobilebay

      I was just thinking about that very thing, Ograf. I am so sorry for the world I’ll be leaving to the four little blond great-granddaughters I have. For years, I’ve written, phoned, faxed and done everything I could to help stop the destruction of our country, but sadly, nothing has changed. It only gets worse.

      • WR_the_realist

        Buying your politician is infinitely more effective than writing him letters. The elites figured that out long ago. To think that we drop depleted uranium munitions on countries to force them into the kind of system we have.

  • Jesse James

    Yes because you just can’t get enough petty criminals.

    • Laura Dilworth

      The feds don’t seem to mind the felons either.

  • David Ashton

    This is transparently a trick to achieve a result undesirable for a stable predominantly white law-abiding society. In Britain there are slightly different tricks such as the “right” of dangerous convicted criminals, who are illegal immigrants, to a “family life”. Common purpose is beginning to shout at the victims – us.

    • Martel

      Recently the Obama adminstration stated Muslims who have “only” provided limited material support to Islamic militants are welcome in the USA.

      • David Ashton

        What does resident Anglophobe D. B. Cooper think about that?

        • saxonsun

          For me, the words “Anglo” and “phobe” are mutually exclusive.

  • dd121

    Let’s give them a free drivers license for the first felony and free college tuition for the second. After all if we don’t try to improve their lives they’ll just become a burden on society.

    • r j p

      Third felony: Section 8 and EBT for life?

  • IstvanIN

    Are there any non-white nations with this sort of insane thought process going on? That bad behavior should be rewarded? That we are no longer a nation of laws, that we are no longer a representative nation? The water was boiled so slowly.

    • me

      Well, since the ‘laws’ are used primarily to punish and financially rape Whites, why should we obey them? Since the ‘laws’ are written by a criminal element that has infiltrated our ‘jewdicial’, educational, informational, and financial systems, and we have ‘laws’ written without the consent of the majority of White people, why should we comply? Isn’t this why we fought for our independence from another tyrant, George III, and his unjust ‘laws’? We are living in a Plutocratic dictatorship–a nest of vipers that have stopped at nothing to ruin White countries and White lives. There is no USA anymore. What we have is an occupied ‘government’ that is illegal in every sense of the word. We also have a bunch of hypnotized Whites that are so mind raped that they can’t see what’s in front of their own eyes. Time to think about secession and segregation.

      • Who Me?

        We obey laws because we are White people, and for the most part we view laws as a guideline for the peaceable getting along with others. We do not commit violent crimes because as White people we find violence in most cases abhorrent. We do not assault or kill others over trivial slights. We do not rape those who are unwilling to copulate with us. We do not force children who are under the age of consent into sexual acts. We do not take things things that belong to other people. We do not abuse others who are smaller and/or weaker than ourselves, just because we can. We are White people and we realize innately that these things are wrong. In other words, we are a civilized (for the most part) people.
        Now as for all the little annoying laws that are mostly made up to infringe upon our personal rights and responsibilities, I think that if we examined our lives in a cold, hard light we would surely find SOME law we had broken. There are too many of them to live a normal life without accidentally breaking one or more. This sort of over-legislating our every move is what the constitution was supposed to guard against. These laws are also used against us, as White people, to try and equalize the scales in favor of the savages and the invaders. to give our hard-earned wages to the noble dark folk, who just can’t be expected to obey our laws.
        If you fudge on your taxes, or defend yourself from someone intent on entering your home and doing harm to yourself or loved ones, YOU will be the one hauled into court and forced (at great cost) to defend your actions as if you, not the criminal, were guilty of some heinous act. THESE are the laws used against us in our (former) homelands.
        I cannot for the life of me understand why so many people are willing to see their freedoms being stripped away on a daily basis and stand idly by and do nothing.
        Once upon a time, we as natural-born, free, American-born White persons stood up, and said, “No more!” We staged a revolution, overthrew the yoke of foreign rule, and declared ourselves a free and sovereign nation.
        Well, apparently we haven’t got the stones to do it again, even though the tyranny now is actually far greater than the tyranny imposed on us by England some 240 years ago.
        Our Founding Fathers could never have dreamed, even in their worst nightmares, that Americans would allow their government to be taken over by hostile elites, who would import millions of savage, third-world people with no regard for the native-born citizenry, and hand the land, goods, freedoms and very lives of the people they fought for over to the whims of those savages.

      • saxonsun

        “Unjust laws” doesn’t work. England owned this nation at the time. You have to see their point of view.

  • sbuffalonative

    Catch and release.

    • PvtCharlieSlate

      OK by me if they do it the way it’s done with feral cats: castrate/spay first, then release.

  • Greg Thomas

    This administration does not want to deport a single illegal invading mexican.

    • me

      Why would they, when the fraud in the White House is illegal?

      • mobilebay

        Where is this bio from? It clearly says Obama was born in Kenya. Is this authentic?

        • me

          Yup. Go to breitbart dot com and read all about it! We have a Constitutional crisis on our hands….but, what’s new?

        • Martel

          Its from the Harvard law review. I believe he was the first president to never publish any of his own work, if this in fact existed. It may simply be too radical to put it in the media, his mentors being Marxists. There is a lot of ‘birther’ evidence out there, this particular item has been out quite a while, I would not be surprised if its true.

          • While WND are controlled narrative neocon warmonger spinmeisters, they appear to have come up with legit research, through Corsi, and later by Zullo and others under Arpaio. His professed father was technically British, as a citizen of the British protectorate of Kenya, that would make him a dual citizen at birth which is mutually exclusive with the concept of a natural born citizen. Lefties can come here and yell birther for years and might but the fact is they’ve blurred the definitions of natural born and native born in the minds of most to where so few understand that there is a distinction, and are used to nodding to anything the newscasters tell them, that it really doesn’t matter anymore. “JustiaGate” is a good search. But a dual citizen at birth cannot be a natural born citizen, and a natural born citizen needs both parents of his nation-state.

            Also, his birth certificate is fake. It’s an electronic document, Frankenstein-ed from other documents. So, there’s that. But I hardly think logic allows him to escape the lack of natural born citizen status on the basis that the papers that back that up are forgeries. That just would not wash at all.

            Frankly, he does look a hell of a lot like Frank Marshall Davis and FMD did spend time with lil Barry as a boy, a lot of time, and did in fact, apparently, have nudie pics of Barry’s mom, taken on his very own couch. So, there’s that too.

            Most of his backstory is false. He probably never attended Columbia or Harvard. His credentials are too good for his low achievement, though most people seem to be focused on whether he applied for financial aid, there or as an undergrad, as a foreigner.

            It’s a tangle and no judge or agency will touch it, so this golem is made in the U.S.A. He’s a child of the Agency so to speak, me thinks.

          • Martel

            I believe an Iranian American judge did touch the eligibility issue, he agreed with the notion that he was not fit to be President, then without explanation altered or withdrawn his judgement.

          • The usurper’s own attorney argued in a New Jersey court that the birth certificate cannot be used to determine his ineligibility because it’s a fake.

            So brazen is this fraud. All armed services personnel and secret service defy their duty by not arresting this usurper immediately.

  • MBlanc46

    Midterm elections this year. Dems are desperate to get the Hispanics to turn out in November.

  • Who Me?

    I know everyone is going to scream “NAZI” at this, but hold on. Every illegal alien should be tattooed “ALIEN” right across the face, and then shipped back to their country of origin the first time they are caught. If and when they are caught the second time, they are summarily executed, whether guilty of what they were apprehended for or not, because they are most undeniably guilty of sneaking back in across our borders. Talk about living in the shadows, THAT will certainly let them know what it’s like. Now, you may start screaming…

    • PvtCharlieSlate

      Sometime recently someone posted something very similar and I added this comment:
      Forget the tattoo – they’ll only take it as something to be proud of. Remove a body part instead. An eye or a hand.
      OK, now scream …

      • Tattoos can also be concealed with more tattoos around them. Moreover a lot of these Greaseritos already have tattoos on their faces: MS-13, for example.

  • This is great! Allow illegal alien “petty” criminals back in so they can work their way up to violent felonies! They won’t be coming back any better educated or more suited to life in a developed nation than they originally were, so of course they’ll return to crime.

    I also believe it fair to point out that in this case “juvenile offender” is code for “gang-member”.

  • Martel

    They are either blinded by their hatred, or they have some romantic notion of being considered ‘the generous one” who will be loved by the coloured hordes for being different from his fellow whites. I don’t think they are able to think rational when it comes to race, but you are correct, increasingly they will be tossed aside for black and Hispanic representatives.

  • Reverend Bacon

    Forget the obvious issues with the fact that all the immigrants look the same. Focus on the fact that there are millions of people around the world who’d like to live here. And we don’t have infinite room. It’s not like we need to recruit, or lower the bar. But that’s what we’re doing.

    Have an unpaid parking ticket? Get out. Can’t speak English? Get out. No means of support, or will need the public dole? Get out. Do those things, and those things only, and we’d still have way too many low-wage invaders knocking on our doors to the south, and we’d still spend way too much on incarceration, bilingual education, free medicare, losses from property crime, lost wages and human capital from crimes against person, etc. To fail to do at least this is just nuts. And if we implemented John Derbyshire’s ideas, we could set the bar at a certain IQ level (probably over 100) and still get all the immigrants we could handle.

  • Katherine McChesney

    Redistribution of Wealth originated with the Vatican. It’s outlined in Rerum Novarum.

  • mobilebay

    How about just having some Community Organizer stand at the southern border and hand our citizenship papers? No sweat, just sign your “x” and you’re home free.

  • dcc2379

    When man is above the law, there is no constitution.

  • dcc2379

    We need more Obamacare enrollees, so I say YEAH! We don’t spend enough on people who don’t pay taxes or work.

  • Caniac Steve Henderson

    what a crock or crapola that is…