23 May Provisional Waiver now covers Family Based and Employment Based Preferences
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.
Q. What is the procedure to avail of this new rule?
A. 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.
Q. What is not covered by the provisional waiver rule?
A. 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 April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
- On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
- On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
- On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.
- On March 2, 2017 we received an approval of Dismissal of Criminal Case for a client who is in Removal Proceedings.
- On February 23, 2017, we received an approval of Naturalization of a client whose spouse had a prior misrepresentation.
- On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.
- On December 28, 2016, we received an approval of adjustment of status for a client who entered without inspection but has Sec. 245(i).
- On December 21, 2016, we received an approval of I-601A waiver for a seaman to qualify to apply for green card
- On December 19, 2016, we received an approval of petition by a Dental office for green card.
- On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
- We have more success stories at our website at crispinlozanolaw.com
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 Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org/ 1-877-456-9266)