Immigration INFO: Immigration News For Our Community

Jul 12, 2015 News

Update & Roadmap to Filing Provisional Waiver for Unlawful Presence and Unlawful Entry

By Attorney Gail S. Seeram,
[email protected]

Beginning March 4, 2013, certain immediate relatives of U.S. citizens who were physically present in the United States were allowed to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. Thousands of immigrants illegally in the United States filed for the provisional waiver benefit.
During the period of March 2013 to September 2013, the National Benefits Center has issued the following decisions:
3,497 approvals (59%)
2,292 denials (39%)
103 admin closures in immigration court
Although applications have been denied for various reasons, the highest number of denials – 1,093, or 48% of all denials – is for “reason to believe.” The second highest number – 937 or 41% of all denials – is for failure to establish extreme hardship.
Other reasons for denial include abandonment, applicant in proceedings, pending adjustment of status application, lack of qualifying relative, pre-2013 consular interview scheduled, and applicant subject to existing or final order of removal.
If a provisional waiver is denied, there is no appeal process. Rather, an applicant can re-submit another provisional waiver application. Also, a denial of a provisional waiver request does not result in deportation or removal from the U.S. unless the applicant already has a deportation/removal order from an immigration judge.
Our office has received many I-601A provisional waiver approvals for our clients and copies of these approvals can be found under the “Client Case Approval” tab at www.MyOrlandoImmigrationLawyer.com.
When the provisional waiver process was first announced by President Obama, a clear roadmap was not provided, since it was a new process. However, since we have successfully completed processing of over a dozen cases, we can provide the following roadmap or steps to the provisional waiver process:
1. Obtain I-130 approval as immediate relative of a U.S. citizen (spouse of U.S. citizen, parents of U.S. citizen or child under age 21 of U.S. citizen)
2. Pay visa fees at the National Visa Center
3. Prepare and submit Provisional Waiver to U.S. Citizenship & Immigration Services
4. Upon approval of Provisional Waiver, file returned to National Visa Center for submission of affidavit of support, police clearance, DS-260, photos, and original civil documents
5. Upon denial of Provisional Waiver, consider re-filing with supplemental evidence
6. Interview
The following individuals are eligible to file a provisional waiver:
1. crewman (or jump ships) who married US citizens, but do not have the benefit of Section 245(i);
2. people who entered the US without inspection (EWI), who married US citizens, but do not have the benefit of Section 245(i); and
3.people who entered the US on a K-1 fiancée visa, but did not marry the American who petitioned them, but instead married a different American; and
4.immediate relatives of U.S. citizens with an approved Form I-130 found ineligible to adjust status in the U.S.
Before deciding to proceed with the “provisional unlawful presence waiver” process, speak with an experienced immigration lawyer who can assess your unique situation and conclude if you will benefit from this new law and new process.
For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com. FREE in-office consultation – FREE Live Chat