immigration attorney in Torrance

On  January 3, 2013, U.S. Citizenship and  Immigration Services (USCIS)  finalized its regulations regarding the  provisional adjudication of  waivers for those who will be attending a  consular appointment at a  U.S.embassy or consulate and would be  triggering the unlawful presence  ground of inadmissibility. The rule  became effective on March 4, 2013. On  July 29, 2016, the agency amended  its regulations and expanded the  program in significant ways.Those  changes took effect on August 29,  2016. 

The   provisional unlawful presence waiver process allows individuals, who   only need a waiver of inadmissibility for unlawful presence, to apply   for a waiver in the United States and before they depart for their   immigrant visa interviews at a U.S. embassy or consulate abroad.   Although this  provisional waiver process is limited to the unlawful  presence ground of  inadmissibility, this ground is currently the most  common reason for  refusing the applicant an immigrant visa. After the  provisional waiver  is approved and the consular interview is scheduled,  an applicant who is  eligible for an immigrant visa can travel abroad  for the interview with  the knowledge that there will likely be no delay  in the issuance of the  immigrant visa. 

The  waiver is approved on a  “provisional” basis is because the U.S.  Department of State (DOS) will  still conduct its own investigation as to  potential inadmissibility  based on other grounds, as well as verify  eligibility for the  underlying visa. If the applicant is determined to  be inadmissible  based on another ground, the provisional waiver will  automatically be  revoked.Type your paragraph here.

To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:
 

• Be physically present in the United States to file your application and provide biometrics.
   
• Be 17 years of age or older.
   
• Be  in the process of obtaining your immigrant visa  and have an  immigrant  visa case pending with Department of State (DOS) because you:  a) are the  principal beneficiary of an approved Form I-130, Petition  for Alien  Relative; an approved Form I-140, Petition for Alien Worker;  or an  approved I-360, Petition for Amerasian, widow(er),or Special  immigrant  who has paid the immigrant visa processing fee; b) you are a  selectee of  the Diversity Visa (DV) Program; c) are the spouse or child  of a  principal beneficiary of an approved immigrant visa who has paid  the  immigrant visa processing fee to DOS; or are the spouse or child of  a DV  Program selectee.
   
• Be  able to demonstrate that refusal of your admission to the  United States  will cause extreme hardship to your U.S. citizen or Legal  Permanent  Resident spouse or parent.
• Believe you are or will be inadmissible only because of a period of unlawful presence in the United States.

In  order to satisfy the  requirements for extreme hardship, you must be  able to clearly show  that your absence would cause hardship above and  beyond what is  normally caused by family separation.