Provisional waiver update 2016-USCIS expands eligibility

Provisional waiver update 2016-USCIS expands eligibility

By Emma Johnson
On 22 Aug, 2016

    Some U.S. green card applicants face the dilemma of being blocked from returning to the United States after they go to their country for their consular visa interview. There is good news for these individuals. Thanks to a provisional waiver update implemented this year, certain immigrants who are family of USA citizens or lawful permanent residents can now qualify for provisional waivers based on the extreme hardship the family would suffer if the waiver was not granted. USCIS will update this policy on August 29, 2016. Up to now, only immediate relatives were granted such benefits but thanks to this rule all individuals who are statutory eligible for the waiver can qualify.

    The provisional waiver was first approved on March 4, 2013. Applicants had to be immediate relatives such as an unmarried child under 21, parent, or spouse. The provisional waiver update allows anyone eligible for an immigrant visa the opportunity to apply for a provisional unlawful presence waiver. Even individuals who are in US for employment, visa lottery, or any other immigration classification may apply. This rule will also make some changes to Form I-601A. Applicants can’t submit a request until the rule takes place on August 29, 2016.

    Some eligibility requirements for the waiver include:

    • At least 17 years of age.
    • Living in US at the time of applying.
    • Otherwise inadmissible to the USA-In other words, if there is fraud, criminal, or other reasons for inadmissibility, the nonimmigrant waiver of inadmissibility will be revoked.
    • Prove that the U.S. citizen or permanent resident relative will suffer hardship if the waiver was not granted.

    These are great news! Many families will benefit from these changes once implemented. USCIS will provide guidance in their Policy Manual about how “extreme hardships” are determined. Contact an immigration lawyer in Miami if you or a loved one is seeking legal counsel regarding your immigration case. Gallardo Law Firm is here for you.