Immigration resource news magazine for United states of america» Provisional Waiver https://immigrationresource.net Immigration Magazine Thu, 22 Aug 2019 16:34:11 +0000 en hourly 1 New Executive Actions on U.S.A. Immigration https://immigrationresource.net/new-executive-actions-on-u-s-a-immigration/ https://immigrationresource.net/new-executive-actions-on-u-s-a-immigration/#comments Thu, 20 Nov 2014 17:00:35 +0000 Tiyalaw https://immigrationresource.net/?p=1901

New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014. 

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA).   On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014.  Among other things, such parents must have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers.  It is including those who  have resided in the U.S. for at least 180 days; and who are spouses or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

These executive actions have not been implemented yet.  The government will provide guidelines in the coming months.  The guidelines may provide for additional criteria.  Please stay tune and sign up for our eNewsletter for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.

 

 

 

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]]> https://immigrationresource.net/new-executive-actions-on-u-s-a-immigration/feed/ 0 The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet https://immigrationresource.net/the-new-provisional-extreme-hardship-waiver-for-unlawful-presence-is-not-effective-yet/ https://immigrationresource.net/the-new-provisional-extreme-hardship-waiver-for-unlawful-presence-is-not-effective-yet/#comments Mon, 09 Jul 2012 20:16:41 +0000 Tiyalaw https://immigrationresource.net/?p=1672

The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet

Not too long ago, the U.S. Citizenship and Immigration Services (USCIS) has made a proposed change to allow certain immediate relatives (spouse, parent and/or children of a US citizen) who can demonstrate the required extreme hardships to apply for a provisional extreme hardship waiver for unlawful presence prior to departing the United States of America (US). The provisional extreme hardship waiver for unlawful presence, if eventually implemented, will reduce separation of many families.

This Proposed Provisional Waiver Procedures for Unlawful Presence Are Not Effective Yet

The provisional extreme hardship waiver for unlawful presence procedures are not yet in effect until the USCIS publishes a final rule in the Federal Register specifying the effective date, which may be the end of this year. Prior to it becoming effective, any applications to the USCIS for provisional waivers for unlawful presence will be rejected.

Extreme Hardship Waivers

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need waivers (such as I-601 and/or other waivers) OR other filings to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) commission of certain crime, or misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law.

At present, the wait-time for an I-601 extreme hardship waiver can be quite long and family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

July 9, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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