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Stateside Waivers

Posted: January 9th, 2013 | Author: | Filed under: National News | Tags: , , | No Comments »

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.