New York Lawyer's Legal Updates

I-601 Provisional Waivers Updates

Author: New York Immigration Lawyer Alena Shautsova

As many of you may have heard, the USCIS office announced its reform for filing and processing of I-601 provisional waivers for immediate relatives of the United States citizens. Read more here

However, to this date, the Provisional Waiver is NOT IN EFFECT. The purported reform would allow qualified immigrants to receive a provisional waiver of the unlawful presence bars before leaving the United States.

The good news is that the AAO Issued a Revised Decision in Arrabally/Yerrabelly TPS Case. The AAO held that that travel on advance parole is not a departure, and hence, a person who entered the country without inspection, and then left the country and came back on advance parole is allowed to adjust in the United States and does not need to file for a I-601 waiver.

You may read the revised AAO decision here.

31 October 2012
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