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DAP Forums > DREAM Act > The News Room

"Provisional waivers of unlawful presence"

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#1
11-21-2014, 12:28 AM
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Quote:
3. Provisional waivers of unlawful presence

Who
Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
The sons and daughters of U.S. citizens; and
The spouse and sons or daughters of lawful permanent residents.

What
Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.

When
Upon issuing of new guidelines and regulations.
While I expected other parts of the plan, I feel like this hasn't been touched on enough in the other threads. Unless I'm interpreting this wrong, this is a BIG f***ing deal for people with petition priority dates that are current but couldn't acquire a visa due to the ban. I'm talking about those that are over 21, and not covered by 245i obviously.

I know that the 2013 waiver was just a pre-emtive type of thing, where you are able to get a confirmation/guarantee of return to the US, but still require you to travel to home country for the visa interview.

If they somehow expanded this over the sons/daughters (meaning over 21), from the previous 'children' definition, I guess I'll go grab my PR visa next year (priority date was march of this year).

Waiting to see what the new guidelines say, but sounds like/ hope they're addressing one of the biggest cock blocks in legal immigration history with this.
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#2
11-21-2014, 12:32 AM
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That's great news if it does help you!!
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#3
11-21-2014, 12:34 AM
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It's huge for immediate relatives. However, it sucks that it doesn't cover family petitions from brothers and sisters of U.S Citizens that are currently living in the US. That group is totally left out.
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#4
11-21-2014, 12:35 AM
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Here's the thing, the previous/current definition of 'immediate relatives' does not include sons / daughter with age over 21. It looks like they changed that definition, in a really sly/snaky way...
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#5
11-21-2014, 12:45 AM
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I don't understand! I came here without inspection but my husband is an army national guard and I also have a daughter that is 4 months old. Is it possible for me to get a GC without leaving the country?
Ps: my daca was denied
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#6
11-21-2014, 12:47 AM
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Marie why was your DACA denied
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#7
11-21-2014, 01:04 AM
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Quote:
Originally Posted by K-Man View Post
While I expected other parts of the plan, I feel like this hasn't been touched on enough in the other threads. Unless I'm interpreting this wrong, this is a BIG f***ing deal for people with petition priority dates that are current but couldn't acquire a visa due to the ban. I'm talking about those that are over 21, and not covered by 245i obviously.

I know that the 2013 waiver was just a pre-emtive type of thing, where you are able to get a confirmation/guarantee of return to the US, but still require you to travel to home country for the visa interview.

If they somehow expanded this over the sons/daughters (meaning over 21), from the previous 'children' definition, I guess I'll go grab my PR visa next year (priority date was march of this year).

Waiting to see what the new guidelines say, but sounds like/ hope they're addressing one of the biggest cock blocks in legal immigration history with this.
I really hope I understood this correctly. My mother is a PR and she filed an I-130 to petition me last year right before I turned 21. I really hope this waiver will apply to me, since I can't travel back for the visa interview.
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#8
11-21-2014, 01:15 AM
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It's a long story but i will try to make it short.
I applied for i130 and used a birth certificate that said I was born in dec 2nd 1986 (mistake from my home country where the administrative system is corrupted and messed up)whereas my birthdate is dec 2nd 1989. I didn't even notice the mistake; I just gave all my papers to my lawyers so she could file. As a matter of fact, all my transcripts, medical records, degrees, I mean everything I have indicates I was born in 1989. I received a RFE saying that they have a1986 and 1989 as a birth date i their system. I sent back birth certificate (1989), ID, certificate of nationality but they still denied it.
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#9
11-21-2014, 01:16 AM
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That seems like a technical error, is there anything you can do to change that?
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Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
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Originally Posted by 2Face View Post
I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#10
11-21-2014, 01:29 AM
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I mean I got everything saying I was born in 1989 but they still denied it. I wanted to reapply but I told myself just to wait for something where age limit won't be an issue��
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