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New immigration reforms in March 2013

Atlanta, GA |

Does the new immigration reform related laws in March 2013 especially related to I601 changes apply to non resident alien(L1) with lawful presence or does it apply only to those who have unlawful presence in the US.

Attorney Answers 4


  1. The latter. It applies to people who aren't eligible to adjust status in the U.S., and who must leave the U.S. to go through consular processing, but as soon as they depart to go through that process, they trigger a three or ten year bar to returning based on their accumulation of certain amounts of unlawful presence in the U.S. prior to the departure. There is a waiver for those unlawful presence bars, but processing of the waivers can take a significant amount of time. The new process allows certain individuals potentially subject to the bars to apply ahead of time for the waivers, before they leave the U.S. and actually trigger the bars.


  2. First, it is not a law ... it is a new way of 'running' an existing process of reviewing waiver requests from people that have been unlawfully present in the US and have immediate family members that would suffer extreme hardship if kept apart.

    Second, I think you are confusing this waiver process with proposals for Comprehensive Immigration Reform ... yes, many of us hope that there will be reform and encourage all US Citizens to let their congresspeople know that they believe that "The time is Now" for CIR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. One only needs a waiver if unlawfully present in the US. Why would you need a waiver if you are lawfully in the US?


  4. The new provisional waiver (I-601) is for individuals who entered the United States in unlawful status. I know that immigration laws and new regulations can be confusing. In order to answer these questions my firm is currently hosting an OPEN HOUSE at our office every Friday. There is no cost for your visit and you may come in and receive information about the waiver process and the latest news on the immigration reform proposal. You may contact us directly at 404-992-6506 or at sbyars@byarslawgroup.com.

    Disclaimer:. This answer is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this response should never replace informed counsel when specific immigration-related guidance is needed.

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