Obama’s Newest Immigration Reform

I-601A Provisional Waivers

In recent months, the Obama administration turned its attention to Immigration reform. Currently, there are a vast amount of individuals in the United States who have either Obamaentered the country illegally or have overstayed the allotted time on their visas. However, recent changes to the Immigration laws are creating new opportunities for those individuals.

On March 4, 2013, a new immigration law became effective to help many foreign nationals who are currently residing in the U.S.  This law allows persons who entered the U.S. without inspection and those who have accrued unlawful presence as a result of overstaying their visa,  to apply for an I-601A Provisional Waiver. This waiver, also known as a “Stateside Waiver,” aims to excuse such persons from their unlawful presence in the U.S.

Once a person’s waiver is approved by United States Citizenship and Immigration Services (USCIS), he/she should be able to comfortably attend his/her appointment for his/her immigrant visas in his/her home country without great fears of denial or excessive waiting times.  A critical requirement of these waivers is that the person must depart from the United States and return to a designated Embassy for completion of the process upon notification by the National Visa Center.  At the time of interview in the home country, a Department of State consular officer determine whether an approved waiver candidate is otherwise admissible to the United States and receives the immigrant visa.  The time spent abroad should be minimal in most cases.

In order to be eligible for a Provision Waiver, applicants must meet the following requirements:

  1. Must be at least 17 years old and an “immediate relative” of a U.S. Citizen. (This includes spouses, parents and children of U.S. Citizens only).
  2. Must be physically in the U.S. at the time the application is submitted, attend a biometrics appointment.
  3. If a person is currently in removal proceedings, then such proceedings must be administratively closed.
  4. Must be able to demonstrate that if you are refused admission to the United p

It is important to note that extreme hardship can be a variety of factors, including emotional, financial and medical components. The definition of “extreme hardship” is constantly changing and can vary depending on each person’s circumstances. It is absolutely essential that the evidence submitted clearly provides a basis for establishing such hardship.

These cases can be extremely complex as it takes time to gather and determine what qualifies as proper supporting documentation. Additionally, meeting the criteria is not a guarantee that you will be granted a provisional waiver. A qualified immigration attorney can guide you through the process.

Cynthia Waisman, attorney at law, focuses her practice in the area of Immigration Law. For more information, go to our web site http://www.immigrationattorneytampa.net
or Call Tampa (813) 279-6180 or Clearwater (727) 712-2299