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provisional waivers

Good News for Lawful Permanent Resident Families

The wait is over!!  Normally the spouses of lawful permanent residents who lived in the U.S. for more than a year without permission and who entered the U.S. without a visa, would have to wait outside the U.S. for 10 years before they could get an immigrant visa.  Or they would have to wait outside the US for months and be separated from their family while their applications were being adjudicated.

Now, they can file provisional waiver applications in the U.S. and wait for them to be approved before they leave the U.S. to apply for their visas.  This will help keep families together.   We have been waiting for almost two years for immigration to implement these changes.

This is great news.  To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.  For more information, please contact our office at 800-797-6146 or go to our contact page at http://www.myrtlebeachimmigrationlaw.com/contact/.

Undocumented parents of U.S. Citizen and Lawful Permanent Resident Children get Temporary Relief: Deferred Action for Parental Accountability (DAPA) and DACA

There is good news for families waking up in Virginia and throughout the United States this morning.   On November 20, 2014, the President announced a series of executive actions that will help families stay together without the fear of deportation.  Even though these actions will not give legal status to these individuals, it will allow those family members to temporarily remain in the U.S. for three years and get a work permit.  This applies to:

  1. Parents of U.S. citizen or lawful permanent resident children who have been in the U.S. since January 1, 2010 (DAPA)
  2. Young people who entered the U.S. before they turned 16, who have resided continuously in the U.S. since January 1, 2010, and meet the other eligibility requirements.  (DACA)

Great News for Parents of U.S. Citizen or lawful resident children:  Now parents of U.S. citizen or lawful permanent resident children who have been here since January 1, 2010, can apply for temporary status under Deferred Action for Parental Accountability (DAPA).  Applicants will have to pass a criminal background check, prove they have been here since January 1, 2010 and not be a threat to public safety or a national security risk.  If otherwise eligible, they will be allowed to remain in the U.S. temporarily for a three year period, without the fear of deportation.  Applicants will have to demonstrate they:

  • Have continuous residence in the United States since January 1, 2010;
  • Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
  • Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of undocumented immigrants (i.e. not a security risk, or threat to public safety)
  • USCIS will consider each request on a case by case basis.

Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam

DACA:  The Deferred Action for Childhood Arrivals (DACA) will now apply to young people who came to this country before turning 16 years old and have been present since January 1, 2010.   If approved, applicants will get deferred action and employment authorization for three years.

Individuals must prove

  • continuous residence since January 1, 2010,
  • pass all background checks, and
  • Meet all other guidelines.

The good news is that under this revision, there is no upper age restriction.  Now, they can apply even if they were born before June 15, 1981, provided they meet all other guidelines.

PROVISIONAL WAIVERS:  Finally, spouses of lawful permanent residents who are subject to the three or ten year unlawful presence bars to inadmissibility, can now file their I-601A waivers in the U.S. and wait for approval before going to their immigrant visa appointments abroad.

**IMMIGRATION IS NOT ACCEPTING APPLICATIONS AT THIS TIME. In the meantime, you can start to gather the following documents.  Please go to: http://www.blueridgeimmigration.com/wp-content/uploads/2014/11/Immigration-Relief-Prep-Top-10-2014-11-20.pdf