Happy New Year 2013-The Long Awaited Provisional Stateside Waiver Is Here!
Posted by: ScottMond Law Firm
January 02, 2013
Topic: U.S. Waivers
We are writing this short blog to provide our clients and foreign nationals in the United States, who entered illegally (“EWI”), an update on the long awaited Provisional Stateside Waiver. U.S. Citizenship and Immigration Services (USCIS) has been true to its word, and “today” grace has been extended to you and your families! We are delighted to publicize the latest stakeholder meeting below, and the actual date, which USCIS has now released, it will begin accepting Provisional Waivers filed on behalf of EWI applicants who qualify.
It is important to note, that in our experienced legal opinion, an individual in EWI status should NOT apply for the provisional waiver unless represented by an Immigration lawyer who is an active member of the American Immigration Lawyer Association (AILA).
We are delighted for this immigration relief that is now coming available to our EWI clients and friends who have lived an anxious fearful existence due to their illegal unlawful status. We look forward to serving and representing you in using this powerful Waiver tool to increase the likelihood that you may finally realize U.S. Permanent Resident Status, and no longer fear separation from your U.S. Citizen spouses and children. As US CIS clearly states below, the logistics of how this Waiver will be used along with the necessary procedures and guidelines are still under discussion. So no one yet knows for certain.
See Quoted Excerpt Below from USCIS:
Final Rule: Provisional Unlawful Presence Waiver Process
Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern)
U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a stakeholder teleconference to discuss the final rule posted in the Federal Register today, establishing a new process for certain individuals to apply for provisional unlawful presence waivers within the United States. The teleconference will provide an overview of the provisional unlawful presence waiver process and eligibility criteria. Following the overview, officials will respond to questions related to procedural and operational matters.
This process change allows certain immediate relatives of U.S. citizens who are physically present in the United States and are seeking permanent residence to apply for and receive provisional unlawful presence waivers before departing the U.S. for consular processing of their immigrant visa applications abroad. This new process will significantly reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the immigrant visa process to become permanent residents.
Please note that this new process is not yet in effect and USCIS will not accept any applications until March 4, 2013. This final rule is separate and distinct from the Form I-601 centralization process.
We are standing by to answer your immigration questions or concerns. You may contact us at our office numbers conveniently listed at www.scottcclaw.com
Members of the American Immigration Lawyers Association(“AILA)
ScottMond Law Firm