As we all know, in 2013, USCIS implemented the I-601a Provisional Waiver Program, which allows the spouses of U.S. citizens to file their waiver applications requesting forgiveness for their unlawful presence here in the United States, await an approval, and then depart for their scheduled interview only after the waiver is approved. This was a significant change in the law …
Why proving “extreme hardship” in a Provisional Waiver is a hardship in itself.
Provisional Waivers of Unlawful Presence (Forms I-601A) are used by a foreign national who is the spouse, child, or parent of a U.S. citizen and who has been living unlawfully in the U.S. but could otherwise obtain a green card. The main requirement to get an application approved is to show that your U.S. citizen relative will suffer “extreme hardship” …
Detained and Not Eligible to File Any Applications With the Judge to Remain in the U.S.? Think Again!
Immigration Court can be a very tricky proceeding, made even more complicated when an individual is detained. Typically when someone is detained, in order to obtain a bond from a judge, move forward in court, or have a case reopened, a detainee must be eligible to file an application seeking a green card, asylum, or some other permanent form of …
MUST READ for Those Processing a Provisional Wavier Application – USCIS Issues Memorandum on Guidance for Provisional Waivers
On March 4, 2013, U.S. Citizenship and Immigration Services implemented a new Provisional Waiver process for those individuals who are married to a United States citizen, or who have a USC parent or child, but the applicant is not legally eligible to file for a green card in the U.S. because they entered the country without inspection. This new process …
The New Provisional Waiver – A Promising Program Foundering
For a year we waited for USCIS to put into effect changes it had discussed in processing the needed waiver for the 10 year bar found in INA § 212(a)(9)(B) for those people married to U.S. Citizens who had entered the United States without inspection. The announcement of the change to a “provisional” waiver program brought with it much anticipation …
The New Provisional Waiver–What it Means and Who Can Use It.
There is a great deal of confusion about the new provisional waiver regulation published by the Obama administration. Let’s be clear, this new regulation is nothing more than a locational change in waiver processing, with the benefit being a much shorter separation time between loved ones. Now, let’s get into the details! What Does It Mean? The waiver we are …
USCIS- Moves Forward, Proposing a Change in the Process for Certain Inadmissibility Waivers
Just few days ago, on March 30, 2012, USCIS posted the Notice of Proposed Rulemaking (NPRM) changing the process for certain inadmissibility waivers in the Federal Register. If you’re interested in reading the entire rule and all the other attachments …here’s the link, enjoy the 60 + pages… So in a nutshell who qualifies and what does the proposed rule …