While we await for Congress to take action on immigration reform, we at least have good news for those who may qualify for the Provisional Waiver Program due to unlawful presence in the U.S.
On January 24, 2014, the U.S. Citizenship and Immigration Service (USCIS) announced new measures in reference to the Provisional Waiver Program (I-601A). This program started in March 2013, however USCIS had taken the position to deny or reject many cases if the applicant had been convicted of any crime, stating that there was “reason to believe” that the applicant could be found ineligible to receive an Immigrant Visa. This resulted in rejection or denial of applications even in cases where 1) the crime had occurred when the applicant was a minor, 2) the crime was not a crime involving moral character, or 3) if it was crime involving moral turpitude that fell under the petty offense exception.
It is important to remember that for the waiver to be granted, the applicant must prove that his/her qualifying relative (spouse or parent) will suffer extreme hardship if the waiver is not granted. This means that the qualifying relative will suffer extreme hardship is he or she stays in the U.S. alone for 10 years or has to relocate to another country for that period.
It is also important to remember that people who already have a deportation or removal orders DO NOT qualify for this program. Neither do those with pending removal proceedings. The Provisional Waiver process is extremely complex. Before starting this process, it is advisable to consult with a licensed immigration attorney. Contact our office for a consultation to determine if you qualify. 704-644-7065.
NOTE: the information here contained is of general nature and it must not be taken as legal advice.