27 Feb Provisional Waiver now covers all immigrant visa applicants
By Atty. Crispin Caday Lozano
The Department of Homeland Security issued a memorandum on July 29, 2016, expanding eligibility for a provisional waiver of the 3 and 10 year bar for unlawful presence which takes effect on August 29, 2016.
Q. What has been expanded?
A. The provisional waiver of unlawful presence was expanded to cover all individuals who are eligible to apply for green card in the employment and family based preferences. Originally, only immediate relatives of U.S. citizens are covered by the provisional waiver. Under the new rule, all individuals are covered for as long as they have an approved immigrant petition that has a current priority date and the applicant can show extreme hardship to his or her U.S. citizen or Lawful Permanent Resident spouse or parents.
Q. What is the purpose of provisional waiver?
A. The purpose is to allow those who are qualified to apply for green card but could not adjust status in the U.S. because they are subject to the 3 and 10 year bar for unlawful presence in the U.S. Unlawful presence means the nonimmigrant visa of the alien has expired or the alien entered the U.S. without inspection. Once a provisional waiver is approved, the applicant can travel to his or her country of birth and have his green card process at a U.S. Consulate there.
Q. Who benefits from this provisional waiver?
A. The following individual may benefit from this provisional waiver rule:
- Seaman or Crewman (jump ships), who do not have Section 245(i) eligibility;
- Those who entered the U.S. without inspection (EWI), but do not have Section 245(i) eligibility or a close family member who is on active duty or US veteran;
- K-1 fiancée visa entrants, but did not marry the US citizen who petitioned them.
- What is the procedure to avail of this new rule?
- All individuals who have an approved I-130 or I-140 petition that is currently being processed under Visa Bulletin Chart A by the Department of State may file a Form I-601A with proof of extreme hardship to the U.S. citizen or Lawful Permanent Resident parents or spouse. Once approved, the applicant may travel to his or her country of nationality and process his or her visa at the U.S. Consulate there.
- What is not covered by the provisional waiver rule?
- If you have been deported, removed or excluded from the United States, you must first file the I-212 waiver and receive conditional approval before proceeding with the I-601A application. Approval of I-601A waiver does not eliminate any other grounds of inadmissibility the applicant may have accrued in the United States. The I-601A waives only the unlawful presence that is subject to the 3 and 10 year bar.
Note: This is not a legal advice. The Law Office of Crispin C. Lozano has successfully received approvals for many Provisional Waiver cases
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org