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