Proposed expansion on the provisional waiver
 

http://www.uscis.gov/news/alerts/usc...esence-waivers



Thoughts anyone ? .. i thought this was all tied in to the daca expansion and dapa.

Re: Proposed expansion on the provisional waiver
 

It is part of November's Executive Action on immigration.*

What's more, notice how for this change - as with all the others, EXCEPT for DAPA/DACAx- there's a NOTICE OF COMMENT period and and proposed rulemaking!!

*Armchair lawyer who sees the failure to implement DAPA/DACAx for what it is.

Re: Proposed expansion on the provisional waiver
 

Those who have not accrued unlawful presence will not qualify...

Re: Proposed expansion on the provisional waiver
 

I hate to agree.. but this makes everything thats been going on with the daca/dapa suspect . Or they learned their lesson . Either way it's hope.

Re: Proposed expansion on the provisional waiver
 

Hmm.. i thought it said those who ewi as well .

Re: Proposed expansion on the provisional waiver
 

DAPA/DACAx are first on this list; however, published notice of comment periods have been drafted, released for the intitiaves that come after the more significant deferred action plans. This is highly disappointing and it almost feels as if the administration or DHS or DOJ are buying themselves time while at the same time, by failing to publish these, preventing those who'd qualify from deferred action to obtain formal protection from deportation. And this morning there are news that USCIS officials will personally visit residences to collect 3yr EADs that were erroneously issued after the injuction. What a mess *sigh*

Re: Proposed expansion on the provisional waiver
 

So after all this, what's the status of original DACA atm? All these influx of news got me a little bit confused on what's what. Say come a year later, is renewal for original DACA still in effect? Or is that another story?

Re: Proposed expansion on the provisional waiver
 

Nothing odd or weird about it. DAPA/Extended DACA were meant to go into effect as soon as possible. Once that program was to start and people started to find ways to legalize themselves - ie. get married, or the children of DAPA receipients becoming 18 and able to sponsor their parents,the waiving of unlawful status would be the next step but that could potentially take a year or two so there was time to just mull it around and the comment period made sense.

But hey, you DAPA truthers can continue to think it's a conspiracy.

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Step 2: Wrap your head. Tear off a piece of foil at least twice the circumference of your head. ...
Step 3: Its working... ...
Step 4: Fit the hat. ...
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Re: Proposed expansion on the provisional waiver
 

Those that have not accrued unlawful presence can board the first plane and undergo consular processing, provided there's an immigrant petition or they won the green card lottery. If you have other grounds of inadmissibility (aside EWI) then you'll need an I-601 or I-212 waiver.

There is no waiver for EWI, but there's no ban for first EWI either. EWI is cleared the moment you leave, but since majority of people who EWI spend more than 180 days in US, that triggers the 3 or 10 year ban, requiring an I-601 waiver.

If your EWI'd multiple times you'd either need an I-601, however the problem is that you need to wait 10 years before that. What people tend to do in this case is to seek admission as a non-immigrant via the I-212 waiver, do the 10 years in US, then do the I-601, and then undergo consular processing. Same is generally also done after departing with an in absentia order, in this case the ban is 5 years.


The change itself is good, however it's a massive pain in the ass that it's tied up in court together with the two failures - eDACA, and DAPA. This waiver would expand provisional waivers outside of just IR category to also include:
F1, F2A, F2B, F3. Since all of these have a USC/PR spouse or parent, and do not require you to leave, which is good if you think your waiver case isn't the strongest around.

It could also allow waiver chaining:

Let's say this is the scenario. You have a USC parent, you're married to another undocumented who herself has no qualifying relatives for a waiver.
You're in F3 category.
Priority date approaches, your petitioning parent files I-601A on your behalf, it is approved.
You depart, undergo consular processing, get your immigrant visa and return.
Now your spouse has a qualifying relative, you file I-601A for her, and it is approved.
She leaves US, undergoes consular processing to follow to join you on your F3 petition. She gets her immigrant visa, and returns to US.

or another case:
You recently naturalized. You have two undocumented parents, your father EWI'd, your mother entered on a tourist visa.
You file I-130 for both.
Your mother is granted AOS.
Your father now has a qualifying relative for a waiver.
Your mother files I-601A for your father. It is approved.
Your father departs US, undergoes consular processing under your petition, gets his visa and returns to US.

Re: Proposed expansion on the provisional waiver
 

This doesn't help a son/daughter unmarried over 21 right unless grandfathered into 245i?

Does this mean DACA Expansion is more likely to prevail?