27 Sep What is waived in Provisional Waiver?
By Atty. Crispin Caday Lozano
The Provisional Waiver process where an applicant is applying for a green card waives the unlawful presence only. Other inadmissibility offenses are not waived. An individual accrues unlawful presence when he or she is “present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.” Generally, unlawful presence happens when an alien came to the United States on a visitor visa and has overstayed their visa or authorized stay as allowed in the I-94 arrival departure card. It can also happen when an alien entered the United States without inspection like “jump ship” or crossing the border.
What are the Statutory Exceptions to Unlawful Presence?
The statute recognizes six categories of individuals who do not accrue unlawful presence:
a) Those under 18 years of age;
b) Applicants for asylum during the pendency of the application, provided the applicant did not work without employment authorization;
c) Those who have been granted Family Unity during the authorized period;
d) Battered spouses and children, provided there is a substantial connection between the abuse and the unlawful presence;
e) Victims of a severe form of trafficking in persons if the trafficking was at least one central reason for the unlawful presence; and
f) Nonimmigrant’s who have made a timely, non-frivolous application for an extension of stay or change of status, during the 120-day period after filing the application.
- The most important exception is for children under 18 years of age. For purposes of the three and 10-year bars, unlawful presence begins accruing the day after the child turns 18.
Note: This is not a legal advice.
2. News from USCIS
The USCIS announced that passport photos will not be required for submission of N-400. All applicants for naturalization will be fingerprinted and photographs and signatures will be taken regardless of age.
USCIS also announced that the Application Filing dates may be used for the month of October 2016, except for EB4 and EB5.
- SUCCESS STORIES
- On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
- On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
- On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
- On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
- On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
- On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
- On June 15, 2016, we received an approval of I-601 waiver for a client who made a misrepresentation when she entered on an A2 visa under another person name.
- On May 25, 2016, we received an approval of green card for a client who used a different name from her birth certificate. We proved that she has been using her different name since she was in grade school.
- On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
- On April 19, 2016, we received an approval from USCIS for naturalization of a client who has a criminal record that happened five years ago.
- On April 11, 2016, we received an approval from USCIS for adjustment of status for a client who used a different name on her passport.
- On April 5, 2016, we received an approval from USCIS for petition by son to a father. The son was born out of wedlock and the father’s name was not on his birth certificate.
- On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
- On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
- On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
- On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
- We have more success stories at our website at crispinlozanolaw.com