Category: Family Immigration

In 2013 the Department of Homeland Security (DHS) implemented a program to alleviate family separation and allow spouses and children of US Citizens (who were undocumented in the United States) to apply for a Provisional Unlawful Presence Waiver. The process allowed spouses and children of US Citizens to obtain lawful immigration status in the United States upon completion of a […]

On November 20, 2014, President Obama addressed the nation on steps he is taking to fix the broken Immigration system in light of Congress’ failure to act. The main provisions that have been announced so far and details about who qualifies and when are as follows. DAP (Deferred Action for Parents) – Available approximately June 15, 2015 An undocumented person who […]

Legal Immigration Status for Military Family Members If you are the spouse, parent, or child of an active duty or retired member of the Army, Marines, Navy, Air Force, Selective Reserve of the Ready Reserve, then you can obtain legal status. This concept has been around quite a few years but was clarified recently to implement a uniform policy across […]

Since the Supreme Court ruling in United States v. Windsor striking down the Defense of Marriage Act (DOMA) Section 3’s definition of marriage as between one man and one woman, many same-sex immigrant couples have wondered if they can benefit if they live in a state that does not recognize marriage equality. The simple answer is yes! To date and to the knowledge […]

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 […]

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” […]

 Ricky Malik, Esq.

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 […]

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 […]

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 […]