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Expansion of Provisional Unlawful Presence Waiver to Spouses and Parents of Lawful Permanent Residents

Good news everyone! The Provisional Unlawful Presence Waiver has been expanded to Lawful Permanent Residents. This benefit has been expanded to spouses and parents of Lawful Permanent Residents. This new rule has not yet taken effect and therefore, we are still not clear as to the exact requirements for spouses and parents of Lawful Permanent Residents. However, it seems that the requirements mentioned below may apply since they already apply for spouses, children and parents of US Citizens:
  1. You are physically present in the U.S.
  2. You are at least 17 years of age at the time of filing
  3. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen OR a parent or spouse of a Lawful Permanent Resident
  4. You have an immigrant visa case pending with the U.S. Department of State, for which you have already paid the immigrant visa processing fee; and
  5. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.
  6. You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A and its instructions.

Immigration predicts this final rule will be effective on August 29, 2016. If you or someone you know meets the basic requirements mentioned above and would like to apply for the Provisional Unlawful Presence Waiver please call us at (562) 406-2124(562) 406-2124 and speak to one of our attorneys. We offer a free consultation.

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