Resources on Waivers and Inadmissibility and Deportability

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This section of the toolkit includes resources to help you represent clients who are applying for waivers of inadmissibility.

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On March 16, 2017, CLINIC was pleased to welcome staff from the National Benefits Center to our two-day training on inadmissibility grounds and waivers conducted in Kansas City. In a presentation and Q&A session on provisional waivers, Assistant Center Director Robert Blackwood, along Section Chiefs Crystal Kelley and Dale James, reported on how the provisional waiver adjudication process has changed with the new extreme hardship guidance and the elimination of the “reason to believe” assessment of other grounds of inadmissibility.

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On Oct. 21, 2016, the U.S. Citizenship and Immigration Services finalized its guidance interpreting the term “extreme hardship” and explained how it should be applied to applications for waivers of inadmissibility.

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On July 29, 2016, the USCIS amended the regulations governing the Provisional Waiver program and expanded it in significant ways. 81 Federal Register (Fed. Reg.) 50243 (July 29, 2016). Those changes took effect on Aug. 29, 2016, the same day that the agency published a new Form I-601A, which incorporates those changes. This article will provide step-by-step guidance in completing the form, answering the questions and filing the packet.