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Inadmissibility and Waivers

CLINIC Letter to Director Mayorkas on Provisional Waiver Denials

On August 5, CLINIC sent a letter to Director Mayorkas regarding what we believe to be the improper implementation of USCIS's regulations governing the provisional waiver for unlawful presence. Click Here to read the letter.

Board Rejects Stand-Alone 212(h) Waiver

Board Rejects Stand-Alone 212(h) Waiver By Susan Schreiber

Supreme Court Revives the Categorical Approach

 Supreme Court Revives the Categorical Approach By Sarah Bronstein

All About Fee Waivers

This webinar training focuses on how to obtain a fee waiver for a naturalization applicant who is unable to pay the USCIS application fee. We discuss the fee waiver eligibility criteria, the application process with the Form I-912, and the documentation requirements. We also discuss problems or pitfalls that may arise and how to avoid these, as well as special considerations for completing fee waiver applications at naturalization group processing workshops.

Update on Provisional Waivers for Unlawful Presence Webinar

This webinar discussed the recent final regulation implementing the provisional waivers for unlawful presence. Click here to view the PowerPoint slides. Held on January 8, 2013.

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.

Comments on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

On January 9, 2012, U.S. Citizenship and Immigration Services (USCIS) announced its intention to change its current process for filing and adjudicating certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant petition.  On April 2, 2012, the agency issued proposed regulations to allow certain applicants to apply for and receive a provisional unlawful presence waiver prior to departing the U.S.

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