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