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...

Dec
27

Proving Extreme Hardship - Holding the Government to a Standard of Law

Extreme Hardship doesn’t have to be so hard.  On October 7, 2015, USCIS shared its draft "extreme hardship" policy memo, created with the goal of better defining the standard applied to various types of waivers.  The draft memo was happily received more than ten months after President Obama announced the endeavor with various other, more popular strides like the expansion of DACA and proposed creation of Deferred Action for Parents of Americans and Lawful Permanent Residents, or “DAPA.”

An extreme hardship waiver may be required where someone has been in the US unlawfully for more...

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...