Stateside Waivers

In reading the final rule, some notes I wanted to share regarding the provisional waiver: 

1. There will be no fee waivers
2. There are no interim benefits like EAD or advance parole with provisional waiver application
3. It only applies to immediate relatives of U.S. citizens
4. The extreme hardship must be to a U.S. citizen spouse or parent (not a US child, or LPR spouse or parent – this is different than the waivers abroad which allows for extreme hardship to LPR relatives)
5. Does not apply to those with final orders of removal
6. Applies to those currently in proceedings but only if a) the proceedings have been terminated or administratively closed or b) the NTA has been cancelled
7. Does not apply to those who have already been scheduled for their consular interview prior to January 3, 2013
8. Does not apply to those subject to permanent bar
9. Filing fees: $585 for the I-601 and $85 for biometrics. Also, don’t forget the new USCIS immigrant visa fee which will be added to the $230 IV fee and $88 Affidavit of Support fee
10. Must have I-130 already approved and NVC fees paid
11. Proving extreme hardship will still be case by case although they will provide examples in the Form I-601A instructions
12. Does not apply to any other ground of inadmissibility except three or ten year bar – can’t apply if they have other grounds such as prior removal, fraud or misrepresentation, criminal, health-related grounds etc. 

Written by Victoria Karins

Victoria Jaensch Karins graduated from the University of South Florida in 1992 with a Bachelor of Science Degree in Psychology. She attended law school at St. Thomas University in Miami and received her JD in 1994. She is admitted to the Florida Bar and has practiced immigration law since 1995. Her areas of practice focus on 1) business executives, managers, investors, professionals and skilled workers; 2) family-based immigration, and fiancé visas and 3) citizenship and naturalization. She is a member of the American Immigration Lawyers Association, Central Florida Chapter, having served as a Board Member, Seminar Coordinator and as the Vice Chair for the Tampa Region. Her pro bono activities have focused on abused immigrant women and children.