July 30, 2014

20

New Articles

Advertisement

July 25, 2014

USCIS Announces Provisional Unlawful Presence Waiver Process

On March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications for a new provisional waiver process that will allow qualifying immediate relatives (spouse, children and parents) of U.S. citizens currently present in the U.S. and seeking permanent residence to apply for and receive provisional unlawful presence waivers without leaving the U.S. If the waiver is approved, applicants will still be required to depart the U.S. and process for an immigrant visa at a U.S. consulate abroad. Under the current process, immediate relatives must apply for the waiver at a U.S. consulate abroad and remain outside of the U.S. while the waiver is processed. Eligible applicants for the new process must be inadmissible only on account of unlawful presence and demonstrate denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. The provisional waiver process is expected to significantly reduce the amount of time U.S. citizens are separated from their immediate relatives during the immigrant visa process. 

© 2014 Varnum LLP

TRENDING LEGAL ANALYSIS


About this Author

Kimberly A. Clarke, Varnum Law Firm, Immigration Attorney
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed expertise in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

616-336-6441
Nina A. Thekdi, Varnum Law Firm, Immigration Attorney
Associate

Nina focuses her practice on immigration matters, including nonimmigrant visa petitions and both family and employment-based permanent residence petitions. She is a member of Varnum's Labor and Employment practice group.

248-567-7406
Luis E. Avila, Labor Employment Attorney, Varnum Law Firm
Associate

Luis focuses his practice on labor, employment and immigration issues. Luis has a wide range of experience in traditional labor matters, including grievances, arbitrations, collective bargaining negotiations, union drives, and matters in front of the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC). Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and...

616-336-6742