Skip to main content

USCIS- Moves Forward, Proposing a Change in the Process for Certain Inadmissibility Waivers

Just few days ago, on March 30, 2012, USCIS posted the Notice of Proposed Rulemaking (NPRM) changing the process for certain inadmissibility waivers in the Federal Register.

If you’re interested in reading the entire rule and all the other attachments …here’s the link, enjoy the 60 + pages…

So in a nutshell who qualifies and what does the proposed rule say?

First of all, the rule applies to certain immediate relatives of U.S. citizens who are eligible for a provisional waiver of the unlawful presence grounds of inadmissibility while they are still residing in the US. The immediate relative must show that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. This proposed rule doesn’t mean that USCIS has lowered or modified their standard of “extreme hardship”? The “extreme hardship” standard remains the same.

Ideally, the proposed rule would have created a “one-step” process. Whereby, the I-130, I-601 waiver, I-212 etc., would all be filed simultaneously and in the interim some form of work authorization would be issued. But that’s not the case. The new proposed rule provides that the underlying I-130 or I-360 must be approved before the I-601 provisional waiver is filed, processed and approved. If the provisional waiver is granted the foreign national MUST leave the US and attend their immigrant visa appointment at a US Embassy/Consulate.

Having a provisional waiver is not a guarantee that the foreign national will return to the US with his or her immigrant visa. If at the consular interview, the DOS consular officer determines that there are other grounds for inadmissibility the provisional waiver granted by USCIS will be automatically revoked. Only if a waiver is available for the other grounds of inadmissibility will the foreign national eligible to refile the I-601 waiver.

So what happens if the foreign national is ahead of the game already...in other words, he or she already have an approved I-130 and they even have an immigrant visa appointment abroad? This proposed rule is not in effect and will likely not be in effect until much later this year when the final rule is published; therefore, all those who have an immigrant visa appointment must still attend their interview abroad. They must continue with the process by filing their I-601 waiver as they had previously planned and wait to hear back from the consulate on the approval or denial of their waiver petition.

For those who choose to re-enter the US unlawfully after a provisional I-601 waiver has been granted, think again, re-entering unlawfully will automatically revoke the provisional approval and the individual may be permanently barred from the US.

As for those who are in removal proceedings who qualify for the I-601 waiver, well their future is still up in the air as USCIS is considering how this proposed rule will apply.

FYI- USCIS will be accepting public comments on the proposed rule from April 2, 2012 until June 1, 2012. Here’s where to go to submit your public comment on the proposed rule www.regulations.gov.

Be cautious out there are is often case whenever there is a proposed rule or the mention of a possible change in the immigration laws that could somehow help the immigrant community …

There are always those, who like sharks smell blood and start to create their own version of how the rule applies. This is a proposed rule and no one should be submitting a I-601 waiver with USCIS for a provisional unlawful presence waiver at this time.

Here is the link to USCIS’ Q&A on the proposed rule change HERE.

We’ll keep you posted!

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

The DOJ Raised The Penalty Fee for Immigration Law Violations--Including Employer Sanctions

The Department of Justice announced an increase in fines for violations of the Immigration and Nationality Act, as the pertain to those sections that account for fraud, document abuse, and unfair immigration-related employment practices. While this is only an adjustment for inflation, it brings home the point that that poorly or incorrectly completing immigration forms, like the Form I-9, can lead to very costly fines from ICE and the Immigration Court. If you have any questions or concerns about I-9s in your company, please call the attorneys and Kuck Immigration Partners.  We have decades of experience representing employers in the ICE and DOL immigration investigations.  You can reach us at 404-816-8611 or at ckuck@Immigration.net.  




U.S.C. citation

Name/description

CFR citation DOJ penalty assessed after 8/1/2016 ($) 1 DOJ penalty assessed after 2/3/2017 ($) 2 8 U.S.C.     IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated against).     …