New Rule Opens USCIS Provisional Waiver Process to Additional Applicants – Insights from a Atlanta Immigration Attorney
U.S. Citizenship and Immigration Services (USCIS) announced
on July 29 a final rule to expand the provisional waiver process to individuals
who meet the statutory requirements for immigrant visas, and whose family
members are lawful permanent residents or U.S. citizens.
According to USCIS,
the purpose of the provisional waiver process is to encourage family unity. It
enhances administrative efficiency and makes it easier for eligible individuals
to complete immigration processing while they are abroad and away from their
families.
The final rule is an extension of a process that was
established in 2013 to encourage family unity. It allowed eligible relatives of
U.S. citizens to apply for provisional waivers of the unlawful presence grounds
of inadmissibility, provided that the applicants’ U.S. citizen relatives would
suffer extreme hardship if the waiver was denied.
If you would like to speak with an Atlanta deportation
lawyer about family-based immigration, contact Kuck Immigration
Partners. Charles Kuck will evaluate your situation and explain you and
your family’s options for immigrating to the United States.
Call 404-816-8611 today to schedule a consultation. Until
then, read on to learn more about the USCIS expansion of the provisional waiver
process:
When Does the New
Rule Go into Effect?
The final rule was announced on July 29 and goes into effect
on Aug. 29, 2016. USCIS announced its intention to update its Policy Manual to
explain how it determines “extreme hardship,” as this is an eligibility
requirement for the provisional waiver application.
Before the new rule, it was only possible for spouses of U.S.
citizens to apply for the provisional waiver before leaving the United States
for processing of their immigration visas. The new rule extends eligibility to
all individuals who are statutorily eligible for the waiver. Many of these
individuals would have been denied the provisional waiver according to the
original 2013 rule.
In order for the application for the provisional waiver to
be successful, the applicant must prove that his or her lawful permanent
resident or U.S. citizen parents or spouse would face “extreme hardship” if he
or she could not return to the United States. Also, the final rule includes
modifications to the Application for Provisional Unlawful Presence Waiver (Form
I-601A). The modifications will be enacted with the final rule, and the new
form will be available on the USCIS website here
on Aug. 29, 2016.
If you intend to apply for the provisional waiver under the
new rule, then you should not submit your application until the rule goes into
effect on August 29. Otherwise, your application will be denied by USCIS.
If you have questions about family-based immigration,
contact Kuck Immigration Partners. Charles Kuck will evaluate your case and
explain your legal options. Mr. Kuck is the former National President of the
American Immigration Lawyers Association (AILA) and the former President of the
Alliance of Business Immigration Lawyers (ABIL).
Our firm has filed and won hundreds of provisional waiver
cases over the last 3 years. We also
represent people in the defense of ICE I-9 audits and Department of Labor (DOL)
Audits. Call 404-816-8611 today to schedule a consultation with an immigration
attorney in Atlanta.
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