April 10, In the past two weeks, DHS has finally put the pedal to the medal in releasing much anticipated draft regulations on the proposed provisional waiver program.
An individual may be inadmissible due to unlawful presence, fraud or misrepresentation, criminal record issues, or medical issues. If the waiver is approved, the applicant is no longer inadmissible for the issue that has been waived. It is possible to apply for a waiver of multiple grounds of inadmissibility on the same application.
Depending upon the reason for the waiver, it may be necessary that the applicant prove that failure to approve the waiver would cause a qualifying U.
Currently, individuals who entered the United States without a visa are ineligible to adjust status become a permanent resident from within the U. Therefore, most people who entered without inspection are required to apply for an immigrant visa at a U.
Unfortunately, anyone who has been in the U. The bar requires the individual to remain outside the U. Under the regulart process, individuals must first leave the U. He or she must then wait outside the U. If the waiver is approved, the consulate will process the immigrant visa application. If denied, the applicant must remain outside the U.
The new stateside provisional waiver will allow certain relatives of U. If the provisional waiver is approved, the individual may then submit immigrant visa applications and schedule an interview at the consulate.
So long as the consular official approves the immigrant visa application, the applicant will then re-enter the United States as a permanent resident. The eligibility requirements for the stateside waiver are: I petitioner must be an immediate relative U.
Children are not considered qualifying relatives for purposes of the provisional waiver. Must have no additional grounds of inadmissibility — NOTE: If the consular official determines additional grounds of inadmissibility, the provisional waiver approval becomes void. Demonstrate extreme hardship to the qualifying relative Not have an outstanding order or removal, or have previously been removed Extreme hardship requires proof that the hardship experienced by the qualifying relative would be different or more extreme than that experienced by other people in the same or similar situation.
Each hardship case is different, and factors are determined by the qualifying relative's specific lifestyle and issues. These may include financial, emotional, medical, education, employment, and other factors. Hardship waiver applications are extremely labor-intensive, require extensive documentation, and have a high evidentiary requirement.
Kelli Y Allen Immigration Law will work with you to determine all possible relevant factors, and present a comprehensive waiver application packet to maximize the chances of approval.
Call to schedule a consultation to determine whether you may benefit from the new stateside provisional waiver.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. The rule announced today, which goes into effect on Aug.
29, , expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. The new Form IA is now available on the U.S.
Citizenship and Immigration Services website.. Instructions for the form are also available on the site as well as a new Provisional Waiver website..
Some key points about the Provisional Waiver from the website are excerpted below. Jan 07, · A provisional waiver is not a legal status, and even an approved waiver doesn’t provide work authorization, a social security number or a driver’s license. Having a provisional waiver will not protect you from deportation or any other consequences of being in the country illegally.
The new provisional waiver, also called the “stateside waiver,” allows certain immediate relatives of U.S. citizens to apply for a waiver of inadmissibility within the U.S. rather than have to wait out the pendency of the waiver outside of the country.
February 10, April 29, admin I, I Waiver, Immigrant Visas, immigration law. ASK ME YOUR LEGAL QUESTION FOR FREE Immigration law is Federal and not State law practice.
I am able to represent clients in dealings with USCIS around the country though I am a Boston based Immigration Attorney.