Apr
9

It Might Take a Little Longer Than Expected to Get a Decision on Your Provisional Unlawful Presence Waiver. Here’s Why.

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will reopen Provisional Waiver of Unlawful Presence cases that were denied because of the applicant’s criminal history.  This means hundreds of previously denied cases will be reopened and re-adjudicated.

A Brief Background:

The stateside Provisional Unlawful Presence Waiver allows applicants to remain inside the U.S. while USCIS adjudicates their applications.  Because the Provisional Waiver only waives unlawful presence, applicants that have any other factors that might render them inadmissible, like prior...

Apr
21

Immigration Fact Check: Your U.S. Citizen Child Can’t Help You Apply for an Unlawful Presence Waiver

If you have a U.S. citizen child over the age of 21, he or she may petition for you to immigrate to the United States as an immediate relative. Before asking your child to file a petition on your behalf, you should make sure that you are eligible to adjust status after USCIS approves the petition.

If you are living in the United States and you entered without inspection, you will have to consular process from abroad to obtain your green card after your child petitions for you. If you have been unlawfully present in the United States for more than 180 days, your departure from the United...

Jun
16

Fact or Fiction: Can my U.S. Citizen Son or Daughter Apply for Me to Become a Permanent Resident?

Wilson Law Group is separating fact from fiction in a series of blogs clarifying some common misconceptions in immigration law.  We hope you find our clarifications helpful.  One common misconception is that a parent becomes automatically eligible for permanent residency once his/her child turns 21 and files a petition for the parent.  We wish it were that simple, but it is more complex.  To be clear, having a U.S. citizen son or daughter - even if s/he is 21 years old - does not automatically mean the parent is eligible for permanent residency in the U.S.  A parent certainly may be...

Sep
28

Expanded Provisional Waiver Program: the Good, Bad, and the Uncertain

The final rule expanding the I-601A provisional waiver process went into effect on August 29, 2016.

The most significant and most publicized change in the rule allows applicants with U.S citizen or lawful permanent resident (LPR) spouses and parents to qualify for provisional waiver processing. Accordingly, USCIS estimates that an additional 44,061 newly eligible provisional waiver applicants and their family members will benefit from this expansion of this rule within the next ten years. While this is a positive development in provisional waiver processing, other provisions in the final...