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CLINIC Comments on Age-out Protections for U Visa Derivatives

On January 10, 2013, CLINIC shared comments on USCIS’s policy memo, “Age-Out Protection for Derivative U Nonimmigrant Status Holders: Pending Petitions, Initial Approvals, and Extension of Status.”  CLINIC welcomes the issuance of the guidance, as this policy will provide much needed security for the immigrant crime victims and their families that CLINIC members serve.  We are encouraged by USCIS’ statement that the preservation of family unity is a benefit to law enforcement.  The policy provides important protections for U visa derivatives who age out after the approval of the principal’s

CLINIC Comments on Employment Eligibility for VAWA Beneficiaries

On January 10, 2013, CLINIC shared comments with USCIS on its guidance entitled “Eligibility for Employment Authorization upon Approval of a Violence Against Women Act (VAWA) Self- Petition; and, Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants.”  CLINIC’s comments addressed concerns regarding the employment authorization process for approved VAWA beneficiaries, as well as the eligibility for employment authorization for battered spouses of A, E (iii), G, and H nonimmigrants.  To read the full comments,

CLINIC Comments on Employment Eligibility for VAWA Beneficiaries

On January 10, 2013, CLINIC shared comments with USCIS on its guidance entitled “Eligibility for Employment Authorization upon Approval of a Violence Against Women Act (VAWA) Self- Petition; and, Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants.”  CLINIC’s comments addressed concerns regarding the employment authorization process for approved VAWA beneficiaries, as well as the eligibility for employment authorization for battered

CLINIC Comments on Age-out Protections for U Visa Derivatives

On January 10, 2013, CLINIC shared comments on USCIS’s policy memo, “Age-Out Protection for Derivative U Nonimmigrant Status Holders: Pending Petitions, Initial Approvals, and Extension of Status.”  CLINIC welcomes the issuance of the guidance, as this policy will provide much needed security for the immigrant crime victims and their families that CLINIC members serve.  We are encouraged by USCIS’ statement that the preservation of family unity is a benefit to law enf

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.

USCIS Finalizes Regulation on Provisional Waivers for Unlawful Presence

Jan 4, 2013
Debbie Smith and Charles Wheeler

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. citizen spouse or parent.  To be eligible, the applicant would need to have an approved I-130 or I-360 petition and have paid the immigrant visa fee bill. 

The USCIS will begin receiving and adjudicating the provisional waivers on March 4, 2013.  No applications will be accepted before that date. Applicants will be using a new Form I-601A, which the agency will publish sometime before that date. The filing fee for the waiver application is $585.  There is no filing fee waiver available for the provisional waiver or the biometrics that are required as part of the process.

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