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What You Should Know About Provisional Waivers


Several potential problems must be surmounted, both in the United States and in an applicant's home country, before a provisional waiver can be approved and a visa granted. Although the provisional waiver can now be approved both in the U.S. and the country of origin, there are still issues that may delay the process for a much longer period than may be planned for by the applicant.

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Immigration Accountability Executive Action

On November 20, 2014, President Obama announced a series of executive actions aimed at making changes to the U.S. immigration system. Such efforts include expanding the current Deferred Action for Childhood Arrivals (DACA) program; creating a new deferred action program for parents of U.S. citizen of Lawful Permanent Resident children called Deferred Action for Parental Accountability (DAPA); improving the current visa system, including changes to employment-based visas; and expanding the family members who are eligible for the provisional waiver process.

Same-Sex Marriages

In Windsor v. United States, the Supreme Court of the United States found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. This means that legally married same-sex couples are now eligible to receive federal benefits, including immigration benefits.

Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Adjustment of Status for TPS Holders

In 2012, a landmark Board of Immigration Appeals case, Matter of Arrabally and Matter of Yerrabelly, 25 I&N Dec. 771 (B.I.A. 2012), found that TPS holders who entered the U.S. without inspection by an immigration officer (also known as “EWI”) could leave the U.S., reenter and be admitted by an immigration officer, and apply for adjustment of status if they are married to a U.S. citizen spouse without triggering inadmissibility issues for any time spent unlawfully in the United States.

Please stay tuned for more immigration news. If you require assistance with your case or want to see if you qualify for any of these new developments, please contact our office for a consultation.