The U.S. Department of Homeland Security has announced its final rule regarding expansion of Provisional Unlawful Presence Waivers of Inadmissibility affecting those who must travel from the U.S. to another country to obtain an immigrant visa.
The provisional waiver allows certain individuals who must travel abroad for consular processing to apply for a waiver in the U.S. and receive a decision on the waiver prior to departing.
If the provisional waiver is granted, a person can leave the U.S., attend their interview, and return once their case is approved without triggering a 3-year or 10-year ban from the U.S.
The provisional waiver is available to individuals who seek to immigrate as immediate relatives of U.S. citizens and who can show that denial of admission will result in extreme hardship to spouse or parent who is a U.S. citizen.
According to the final rule published today (July 29), beginning Aug. 29, 2016, the provisional waiver will also apply to the following individuals:
- All individuals who are statutorily eligible for a waiver of unlawful presence, and can establish that denial of admission will result in extreme hardship to a U.S. citizen and permanent resident spouse or parent.
- Eligibility for the provisional waiver will also extend to the spouses and children who accompany or follow to join the principal immigrant.
If you would like additional information, or assistance in determining whether you are eligible for a provisional waiver under the expanded rule, call (203) 744-1234 to schedule a free consultation with Attorney Lisa Rivas, who works primarily in the Danbury office of Cramer & Anderson. Her practice areas include immigration law.
Attorney Rivas was honored by the Hispanic Center of Greater Danbury at this year’s annual Citizens Recognition Breakfast, held June 2. She received the Above and Beyond Award for her volunteer work teaching a citizenship course. That honor resulted in a front-page story in the Connecticut Law Tribune on Attorney Rivas and her advocacy on behalf of those seeking U.S. citizenship.