November 06, 2013
In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of tireless work by thousands of advocates the world over, opened up the much needed availability of immigration benefits to same-sex couples. USCIS reacted fairly quickly to open the doors […]
January 14, 2013
We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process. The Answer If you are currently in removal proceedings, they need to be “administratively closed” so that you can apply for the Provisional Waiver (I-601A). Once the waiver has been approved, you will need to “re-calendar” […]
January 09, 2013
Ricky Malik, Esq.
January 07, 2013
Many people are wondering what to do if they want to apply under the new provisional waiver process that was announced on January 3, 2013, but their visa petitions (130’s) have been approved and their case is already at the National Visa Center (NVC)? If you do not already have a consulate interview notice (dated before January 3, 2013), then […]
January 04, 2013
The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what constitutes “extreme hardship.” This is after all the standard that must be proven to USCIS. It is important to understand the hardship is not to the foreign national, but rather to the qualifying relative. While […]
January 03, 2013
After almost a year of waiting, the new Provisional Waiver rule was released on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully present in the United States for more than 180 days to complete the majority of the process and waiting in the United States. Before the […]
February 17, 2012
I am oftentimes asked by people who are ineligible to get Lawful Permanent Residency (LPR/greencard) in the United States about going overseas to complete a waiver process, known commonly as an I-601. The risk and fear is that it will take too long and may get denied. Both are reasonable concerns and many people feel that if they leave it […]
January 08, 2012
USCIS Office of Public Engagement: I-601 Notice of Intent U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST Dear Stakeholders- U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence. The proposed process would […]
January 07, 2012
In the Federal Register on Monday, January 9, 2011 a new proposed provision will be published allowing many undocumented immigrants to process their waivers while inside the United States. For many years, certain immigrants were afraid to leave the United States to process their “greencards” because they feared their waivers (pardons) would be denied thereby barring re-entry into the United […]
November 18, 2011
The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate. That is […]
