Quote:
Originally Posted by Shootingstars2014
Those who have not accrued unlawful presence will not qualify...
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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.
Quote:
Originally Posted by dude33
Hmm.. i thought it said those who ewi as well .
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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.