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DAP Forums > DREAM Act > The Lounge

White House OMB Approved Provisional Waiver!!! - Page 2

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#11
12-22-2012, 10:46 PM
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Currently if an illigal immigrant marries a US citizen there are only two ways of obtaining green card. First way is if the immigrant came to US with a visa but overstayed - once they marry a Citizen they can be petitioned by filing a form I-130 and adjust status ( get green card) here in the US rather quickly in a matter of months.

Second way- an illegal immigrant who came into the US without being inspected (ewi)- has to marry a citizen and file I-130 but since they entered illegally they cannot adjust status here in US, instead they must do a process called consular processing which basically means that once I-130 is approved ( around 5 months) they have to schedule an appointment at the US consulate in their native country. At that meeting they are supposed to be reviewed to see if something makes them inadmissable to return to the US. Which of course the fact that they entered illegally but specifically the part that they have been living in the US illegally for some time makes them inadmissable or barred from coming back to the US for either 3 years or 10 years. Once One has left the country and had the consulate appointment one can apply for a waiver to waive the barring but it is difficult to get and their are no guarantees. So some people wait months at best or even years to be able to return.


What this new provisional waiver will do is give those illegal immigrants who ate married to citizen to have the 3/10 yr bar waived before they leave the US for the meeting at the US consulate in their native country. Basically giving those with a clean record the confidence that they can really just go to the appointment be issued a visa on the spot be allowed right back into the US and Will receive a green card.

What I mean for clean record is basically the same as for Daca you know no major crimes. This is designed for those with good record to be united with Their US spouses quickly.
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#12
12-22-2012, 10:53 PM
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I know this firsthand cause my sister did did the current consular processing a year ago. She was fortunate she only waited four months to be allowed back in the US. At the meeting they took her passport and stamped for re entry to the US , once here she got her green card in the mail.

I was about to do the same thing but decided to wait for this new provisional waiver as I didn't want to take the chance of being barred for years .
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#13
12-22-2012, 10:56 PM
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Quote:
Originally Posted by ppl_man View Post
Doesn't apply to me. So I don't really see the point of cheering... not being self-fish, but hey, work on the freakin' immigration reform already.
Hey, I know, how bout' you refrain from posting as this "doesn't apply" to you? Even better idea huh!?
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#14
12-22-2012, 11:04 PM
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GeorgiaDreamer
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Quote:
Originally Posted by Keep the Faith View Post
On dec 21 the white house finally approved the provisional waiver for certain immigrants married to US Citizens. Meaning those who are Ewi and married to US citizens and have approved I-130 currently have to leave the country in an attempt to get a green card, which they would then be barred 3/10 yr from re entry. However if they apply for the provisional waiver and are approved they would just leave the country for a few days or a week max and be able to return with their passport stamped to the US and receive a green card!!!
Great news and wonderful Christmas gift to those waiting for this waiver!

See following:

www.immigration-law.com/

www.scottimmigration.net/
How crazy my mom was just asking me about this today but I didn't know what it was called. So does the provisional waiver apply to only spouses? My brother who is a citizen will turn 21 in February and will put in an application for my mom but she is worried about being barred. Is this good news for her?
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#15
12-22-2012, 11:27 PM
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According to the following info on the below link looks like it would benefit immediate relatives of US citizens.


www.ilw.com/articles/2012,0404-lee.shtm
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#16
12-23-2012, 01:04 AM
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I have been waiting for this! I'm glad its true now and not just rumors.
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DL 01/22/2013
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#17
12-23-2012, 03:04 AM
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Quote:
Originally Posted by ppl_man View Post
Doesn't apply to me. So I don't really see the point of cheering... not being self-fish, but hey, work on the freakin' immigration reform already.
Why do you say "not being selfish" if it actually IS being selfish? Be happy for other people whom it does apply to just like other people were happy for you that DACA came along.
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#18
12-23-2012, 04:11 AM
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So for example, my brother who is a 21 year old USC can petition for me and my mother? And we won't have to wait 10 years out of the US? I'm 25 by the way.
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Last edited by mayito; 12-23-2012 at 04:28 AM..
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#19
12-23-2012, 05:58 AM
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Quote:
Originally Posted by mayito View Post
So for example, my brother who is a 21 year old USC can petition for me and my mother? And we won't have to wait 10 years out of the US? I'm 25 by the way.
Well F4 visas, siblings of US citizens, are barely processing petitions from July 1996 and April 2001 for most countries
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#20
12-23-2012, 06:27 AM
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titandreamer
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Quote:
Originally Posted by mayito View Post
So for example, my brother who is a 21 year old USC can petition for me and my mother? And we won't have to wait 10 years out of the US? I'm 25 by the way.
your brother can petition you and your mom, but as a sibling you have the lowest priority in petitions, so you would have to wait probably close to a decade... however, your mom would benefit rather quickly.
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