Tuesday, July 9, 2013

Provisional Waivers Provide Some Relief from Separation for U.S. Citizens and their Foreign National Spouses

Provisional I-601A Waivers provide some relief to the long separation couples endured prior to President Obama's policy changes in the waiver process for spouses of U.S. Citizens. This weekend, NPR featured a couple enduring one of those separations. They filed a waiver application prior to the Obama administration's implementation of the "state-side" waiver which allows the foreign national spouse to wait for an interview notice while remaining in the U.S. Rather than having to leave prior to the interview notice and potentially waiting for over a year while the application is being processed, as the couple in NPR's story. You can listen to their story here. 

Courtesy of Caly Muniz Castro/NPR

Thursday, May 23, 2013

Twitter I-1601A Provisional Waiver Summary:

Randall Caudle has been tweeting on the new I-601A Provisional Waivers. For those of you not on Twitter or who missed the live tweets and do not wish to scroll down here is our summary:

There are a few groups of people who have historically been able to petition for their loved ones, but are not able to petition for their relatives in the case of provisional waivers. They are:
  • Legal Permanent Residents/ Green Card Holders (A good reason to naturalize)
  • U.S. citizen children.

In short only U.S. citizen spouses and U.S. citizen parents can petition for spouses or children.

USCIS will not make adjudication guidelines for provisional waiver officers public. Unfortunately that means we will have to learn about USCIS’s grey areas via test cases. At Caudle Immigration, we will not testing these grey areas with our clients because if a case is denied, no appeal will be accepted.

Some grey areas include criminal issues. There are some issues such as DUIs, which are not a problem if you are adjusting your status in the U.S. and are not grounds of inadmissibility, but may be sufficient to deny a provisional waiver application.

Solid reasons for why you or your loved one may not be eligible for Provisional Waiver are:

  • You agreed to voluntary departure (VD).
  • You are subject to one or more grounds of inadmissibility other than unlawful presence.
  • You are in removal proceedings.
  • Your NVC interview based on an I-130 petition was initially scheduled before January 3, 2013, even if scheduled for a later date.
  • You are currently in removal proceedings or have a deportation order.
  • You have a pending I-485 application.
  • You do not provide any reasons of hardship to your parents or spouse if you are not approved. On the bright side unlike DACA, USCIS will accept statements and affidavits as evidence for provisional waiver cases. 

Monday, February 18, 2013

I-601A Waiver Videocast by the Immigration Legal Resource Center

The  Immigration Legal Resource Center (ILRC) staff attorneys created a 20 minute informative video on the I601A Provisional Unlawful Presence Waiver. Click here to watch it.

Monday, January 21, 2013

USCIS Updates FAQs on I-601 Provisional Stateside Waiver & Randall is mentioned in San Jose Mercury News Article

I-601 Provisional Stateside Waivers are not yet in effect, but there is a lot of excitement surrounding the new policy that is expected to take effect on March 4, 2013. The San Jose Mercury News wrote a story featuring our very own Randall Caudle as well as Erika and Edgar Torres, a couple from Northern California who qualify for the I-601 Waiver. For more on the story read Foreign spouses, children to benefit from U.S. immigration policy change by Matt O’Brian of the San Jose Mercury News.

For Answers to Frequently Asked Questions about I-601 Provisional Waiver see:

USCIS Waiver Fact Sheet

Provisional Unlawful Presence Waivers: Questions & Answers

Thursday, January 17, 2013

6 Things to Know About I-601A Provisional Stateside Waiver

Six Things You Need to Know about Processing of I-601A Waivers written by Laura Lichter of The AILA Leadership Blog answers common questions families conferring applying for I-601A are asking.
Questions answered are:

  1. What is I-601A Provisional Waiver and how can it help me?
  2. Who can apply?
  3. What does it mean that the waiver is “Provisional”?
  4. When can I apply?
  5. What else do I need to know about I-601A Provisional Waiver?
  6. Do I need an attorney to apply?

Monday, January 14, 2013

Who is not eligible for a Provisional Unlawful Presence Waiver?

You are not eligible if:

  • You are not in the United States
  • You have not had your seventeenth birthday yet
  • You do not have  an approved I-130 petition filed by immediate U.S. citizen relative
  • You do not have an immigrant visa case pending with the Department of State
  • You have a pending I-485 Application with USCIS
  • You are in removal proceedings (with a few rare exceptions)
  • You have been deported from the U.S.
  • Your Iinterview with the Department of State was scheduled before January 3, 2013
  • Your denial of admission to the U.S. would not cause extreme hardship to your immediate U.S. citizen relative
  • The Department of State finds you inadmissible for a reason other than your unlawful presence.

Tuesday, January 8, 2013

I-601A Provisional Waiver Officially Announced!

Beginning on March 4, 2013, family members of U.S. citizens, who are ineligible to otherwise adjust their status, but are present in the United States, will be able to request provisional unlawful presence waivers before to departing the U.S. for consular processing of their immigrant visa applications. By obtaining their waivers within the United States, the risk of leaving the U.S. to go to the consular interview  and waiting for the waiver to return to the United States for months and even years, while away from their family in the United States  is taken away.

For more information on I-601A Provisional Waiver see:
Department of Homeland Security January 2, 2013 press release.
The Final Rule posted by the Federal Register