Skip to main content

MUST READ for Those Processing a Provisional Wavier Application - USCIS Issues Memorandum on Guidance for Provisional Waivers

By


On March 4, 2013, U.S. Citizenship and Immigration Services implemented a new Provisional Waiver process for those individuals who are married to a United States citizen, or who have a USC parent or child, but the applicant is not legally eligible to file for a green card in the U.S. because they entered the country without inspection.  This new process allows applicants to file the waiver application in the United States and await a decision before having to depart the U.S. for a consular interview. 
Until now, if there was a reason to believe an individual that an applicant may be subject to grounds of inadmissibility related to any criminal issues at the time of their interview, the officer would determine they are automatically ineligible for the provisional unlawful presence waiver.  Today, USCIS issued a Memorandum providing field guidance that is mandatory for all USCIS officials.  The Field Guidance states the following key points that MUST be followed:
1.     USCIS officers should review all evidence in the record, including that which is submitted by the applicant or attorney of record.
2.     If the evidence shows the applicant falls within the “petty offense” or “youthful offender” exception to inadmissibility, or is not a Crime Involving Moral Turpitude (CIMT), the officer shall NOT find the applicant inadmissible at the interview solely on the basis of the criminal offense.
3.     The officer MUST continue processing the application to determine whether the other requirements are met for the provisional waiver, including a favorable exercise of discretion.
This new mandatory policy is extremely important and can be very helpful for those processing provisional waivers with a criminal history.  It is imperative that you speak with an experienced immigration attorney before starting or continuing this process, so that you can be sure any criminal issues are properly addressed with USCIS when submitting the provisional waiver.  
Please contact me at 404.949.8151, or Dconley@immigration.net with any questions.   
-        Danielle M. Conley
###
Labels:

Comments

Post a Comment

Popular posts from this blog

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

By
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...
231 comments
Read more

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

By
Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...
1 comment
Read more

Why is USCIS Taking So Long to Renew DACA Work Permits?

By
If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...
16 comments
Read more