Recent Immigration Changes
1. Provisional/Stateside Waiver I-601A – Wait in the US while your waiver is being processed.
Under the provisional waiver process, individuals who are immediate relatives of US citizens, who are physically present in the United States and are seeking immigrant visas through consular processing abroad will be able to apply for provisional waivers for unlawful presence in the U.S.
Before they depart for the immigrant visa interview in their country of origin if they can demonstrate:
- The denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or US citizen parent; and
- He or she warrants a favorable exercise of discretion.
These changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who are consular processing abroad. The new provisional waiver changes apply only to persons whose only ground of inadmissibility is the unlawful presence and not any other ground such as criminal convictions or misrepresentation or fraud.
2. Parole in Place for military family members- Active or veterans.
In November 2013, USCIS issued a memorandum allowing issuance of a “parole in place” to certain military family members. This means that even if an immigrant entered the US without an inspection, he or she may be eligible to adjust status here in the United States without having to return to the home country to consular process.
All we have to prove is:
- The alien is the spouse, child, or parent of a US service member, reservist or veteran who is a U.S. citizen;
- Does not have criminal convictions or “other serious adverse factors”; and
- Merits a favorable grant of discretion by USCIS.
The family members of US service members, reservists, or veterans that are lawful permanent residents are not eligible to adjust status in the US, BUT they will be eligible to obtain a work permit on a yearly basis.
These recent changes are more complex than we noted here and it is important to talk with an immigration law firm in Dallas before submitting any application with USCIS to ensure everything is correct and you qualify.