Provisional Waivers | CLINIC

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Provisional Waivers

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Practice Advisory on Provisional Waivers

On November 20, 2014, President Obama announced a series of reforms modifying immigration policy (“Executive Action”). On the same day DHS Secretary Jeh Johnson issued agency-wide memoranda providing specific and more detailed information regarding the proposed changes. One of these memos concerned the agency’s plans to expand eligibility for the provisional waiver for unlawful presence.

Update from the NBC on Provisional Waivers

On September 26-27, 2013, CLINIC conducted a two-day training in Kansas City on provisional adjudication of unlawful presence waivers. The training included a presentation by Robert Blackwood, Assistant Section Director for Adjudications at the National Benefits Center (NBC), who gave an update on the waiver adjudication process at the NBC and answered questions from training participants. A summary of the information he provided appears below.

USCIS Finalizes Regulation on Provisional Waivers for Unlawful Presence

On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility.  The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview.  The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S.