There is a great deal of confusion about the new provisional waiver regulation published by the Obama administration. Let's be clear, this new regulation is nothing more than a locational change in waiver processing, with the benefit being a much shorter separation time between loved ones. Now, let's get into the details! What Does It Mean? The waiver we are talking about is the waiver that is needed to be forgiven of the immigration offense of "unlawful presence." Unlawful presence occurs when someone is not in lawful status in the United States, regardless of their mode of entry. Typically, individuals who come into the US with a visa, retain a right to process for permanent residence in the United States, IF they are married to a U.S. Citizen, or have U.S. Citizens children over the age of 21. Those individuals who entered the U.S. without inspection (those who came illegally), cannot obtain permanent residence in the United States, even if they are marri...
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