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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. 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.

CLINIC Comments on USCIS Revisions to Form I-131, Application for Travel Document

On December 31, 2012, CLINIC, the American Immigration Council, and the American Immigration Lawyers Association responded to USCIS’s Notice of Revisions to Form I-131, Application for Travel Document.

USCIS Issues Policy Memos on VAWA EAD Eligibility and U Visa Derivative

 CIS has just released interim guidance on age-out protection for U derivatives. Per the guidance: U-3 derivatives will be approved for the full four-year eligibility period, allowing the U-3 to remain in status past his or her 21st birthday CIS will promulgate regulations to "provide protection" for U derivatives who age-out while the 918-A is pending. In the meantime, aging-out derivatives will be considered for deferred action, which allows for work authorization U derivatives whose status expired upon turning age 21 may now file for an extension of status to receive enough time in U status to allow them to apply for adjustment  The interim guidance does not address derivatives who age-out abroad while the application for derivative status is pending. The guidance is effective immediately.

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