Provisional Unlawful Presence Waivers (President Obama’s New Law):

March 4, 2013: Provisional Unlawful Presence Waivers (President Obama’s New Law):

Immigrant visa applicants, specifically the spouses, children and parents of U.S. citizens can benefit from the new law from President Obama’s White House. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States. This process will do away with the need for families to be separated for long periods of time. The process will undoubtedly shorten the period of time that the families will be apart as the only reason for departure will be for the immigrant to travel abroad to get their new visa.

Things to Keep in Mind:
1. You still have to leave the country in order to get your visa to return.
2. If the waiver is approved, it will only take effect after:

a. You leave the US and appear for your visa interview, and
b. An employee at the US embassy determines that you are otherwise admissible to the United States and eligible to receive an immigrant visa.
(CAUTION: Do not depart until the National Visa Center notifies you of your scheduled immigrant visa interview date and time with the embassy in your country).

3. If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.

Eligibility Requirements for the New Law:

1. Immigrant must be 17 years of age or older.
2. Applicant must be an immediate relative of a U.S. citizen. An immediate relative is the spouse, child or parent of a U.S. citizen.
3. Applicants must have an approved Form I-130.
4. Applicant must have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
5. Applicant must show that refusal of admission to the United States will cause extreme hardship to U.S. citizen spouse or parent.
6. Applicant must be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
7. Applicant must not have been scheduled for an interview by DOS before January 3, 2013.
8. Catch all: Applicant Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

You are subject to one or more grounds of inadmissibility other than unlawful presence.
DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after Jan. 3, 2013.

Contact Our Office on How to Apply for the Waiver:

Tel. (248) 649-1000 or Renis@Nushajlaw.com

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