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National Legal Center for Immigrants

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.

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.

Good Moral Character in Naturalization Cases

E-learning Course:
Good Moral Character in Naturalization Cases
March 18 – April 15, 2013 $200 per person for CLINIC affiliate agencies
$225 per person for other nonprofit agency staff
$325 per person for private attorneys and staff

Overview of Citizenship: Acquisition, Derivation and Naturalization

This four-week course covers acquisition and derivation of citizenship, and the requirements for naturalization, including residence, physical presence, good moral character, civics and English language requirements and exemptions, disability waivers, oath requirements and the application process. Throughout the course, participants will review both the law and procedure for acquisition, derivation, and naturalization, including examination of primary and secondary sources and sample application forms.

Bars and Waivers: All about Inadmissibility Grounds and How to Overcome Them

Co-Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC), and
Catholic Charities Immigration Legal Services of the Archdiocese of Omaha  March 20-22, 2013
8:30 – 5:00, March 20, 21
Optional tour of Nebraska Service Center, March 22 Location:
Hilton Garden Inn
1005 Dodge St.
Omaha, NE 68102
(402) 341-4400 

Understanding and Preparing Waivers

This four-week course will present information on both the theory and practice of developing and submitting successful waiver applications. Participants will learn what the legal standards of extreme hardship are, how to create a theory of the case, how to marshal the facts of the case, and what kinds of supporting documentation to submit.

Understanding and Preparing Waivers

E-learning Course:
Understanding and Preparing Waivers


$200 per person for CLINIC affiliate agencies

$225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff May 30 – June 27, 2013

Introduction to Family-Based Immigration

E-learning Course:
Introduction to Family-Based Immigration
February 5 – March 19, 2013 $270 per person for CLINIC affiliate agencies $295 per person for other nonprofit agency staff $425 per person for private attorneys and staff

Ethical Issues in Immigration Law Practice

E-learning Course:
Ethical Issues in Immigration Law Practice
February 7 – February 28, 2013 $165  per person for CLINIC affiliate agencies     $190   per person for other nonprofit agency staff $290  per person for private attorneys and staff

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