EXPANDED Provisional Waiver in Effect on August 29, 2016!
Posted on January 21, 2013
PROVISIONAL WAIVER (I-601A) NOW EXPANDED TO INCLUDE MORE IMMIGRANTS!
CONTACT OUR LAW FIRM TO EVALUATE YOUR CASE.
Immigration Service has expanded eligibility for a Provisional Waiver. NOW MORE relatives of American citizens AND permanent residents who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States.
This new law will help people who entered the United States without inspection or otherwise cannot adjust status.
- What is the new rule and how can it help my family?
Under current law, immigrants who enter the country illegally or certain immigrants who overstayed their visas cannot apply for permanent residence (a “green card”) in the U.S., and instead must finish the immigration process abroad. Unfortunately, just leaving the country – even to pick up a visa sponsored by a family member—automatically makes the intending immigrant subject to a penalty for their “unlawful presence,” potentially separating them from their family for up to ten years.
For some, the penalty can be waived. Before this new rule, immigrants were required to leave the U.S. and could be waiting outside of the country for many months or even years while their cases were decided. Many immigrants were unwilling to take the risk and chose to remain in the shadows.
The new rule is also called a “a state-side waiver ” and it means that the waiver application is filed while the applicant is in the U.S. without the need to leave the United States first. If the waiver is approved, many additional immigrants can leave the United States, knowing in advance that their return will most likely be approved, and they could be back with their families—as a legal resident—in a matter of days or weeks.
- Who can apply under the new rule?
If an immigrant has a US citizen OR PERMANENT RESIDENT spouse or parents he/she can apply for a waiver if the applicant can demonstrate extreme hardship to his US citizen or Permanent Resident spouse or parent(s). Another major expansion of the rules now allows that the basis for the immigrant visa can be family based visa, employment-based visa, the diversity lottery (“green card lottery”), or a special immigrant classification.
The applicant must be physically present in the United States to file a waiver. Also, the provisional waiver is only available for unlawful presence. Other issues, such as other violations of laws, may disqualify an applicant. For other situations please call our office. Some other forms of relief may be available to you.
- What does it mean that the waiver is “provisional?”
Even if a waiver is granted, the approval is “provisional”. This means that the government has reviewed the case and believes that the waiver should be granted, but there is no guarantee that a case will be successful if facts change or new information comes to light. For example, if an applicant had previous immigration violations or criminal history, the provisional waiver will be revoked.
- When can I apply?
The new expanded rules are effective form August 29, 2016. Starting from that day filings will be accepted. You must file an immigrant petition before you can only apply for a provisional waiver.
- Do I need to work with an attorney?
Iti s in your best interest to work with experienced immigration attorney. The immigration process is complicated and may take months or years if not done properly. Government filing fees and other expenses are significant—it is best to know your options before investing time and money. Experienced attorney will evaluate all aspects of your immigration history to find the best solution for your family.
CALL BOKSHAN LAW FIRM to scheule an evaluation: (860) 756 0940.