Oh well, it simple. Obama made it a priority for ICE to remove people that either had criminality or serious immigration violations. There was a case that we did that involved a family that had previously overstayed for 15 years in Seattle. ICE found the family but did not remove them because of the Obama directive. This was based on the fact that the family only had an overstay issue and no criminality. The family came back to Canada afterwards and came in for a waiver. I told them that they could either wait out the 10-year ban or we could file a waiver. They already had 1.5 years to go and I said that it would save them money to just wait out the time. Well, they waited and went back to the USA. Mr Archer got them an E-2 visa and now they are in the USA still on the E-2 and do not need a waiver.
Anyway, the point is that Obama was very pro-immigration and this includes waiver cases. They were not as hard on trafficking cases as much. However, they were very hard on Fraud and those cases took much longer to get cleared. Trump got in and was harder on Overstays, and Trafficking cases but not as hard on Fraud offences. Hence, I suspect that Biden will do the same as Obama and certain waiver cases may not be as hard to clear under his administration. This ties into waiver cases in the fact that certain offences may not be as hard to clear under this new administration. This ICE memo is just the starting point.
Also, we may soon be getting access to some additional material from certain in-house sources that can be used on waiver cases. I will be happy to share certain parts here on this forum if we are successful in gaining access to the information. It is information that is not open to the public.
Also, note that we do much more than just waiver cases.
Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213