Los Angeles Immigration Lawyers Advise Clients About New Immigration Waiver Policy (http://www.thelosangeleslawyers.com/News-Articles/New-Immigration-Waiver-Law.shtml)
On January 2, 2013, the Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents (green card holders) of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013. Contact the experienced attorneys at Jacobson & Han LLP for more information about the filing process.
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"This final rule reduces the amount of time our clients are separated from their family members who want to obtain an immigrant visa," said Immigration Attorney Nikki Mehrpoo Jacobson.
"Our clients need to start preparing for this waiver NOW and be able to prove extreme hardship to their U.S. citizen family members," Immigration Attorney Susan S. Han said. "The change will have a significant impact on American families."
Prior to this provisional waiver being available, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa.
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In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.
Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State's National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives.
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