DREAM Act Portal Forum - I-601A Expansion went live.

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I-601A Expansion went live.

Quote:

Originally Posted by uscis.gov

ASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.

This final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The rule announced today, which goes into effect on Aug. 29, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. USCIS expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.

Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute. This regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver.

To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.

The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver. These changes will go into effect along with the final rule. The updated form will be posted on USCIS’ website at uscis.gov/i-601a on August 29, 2016.

Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. 29, 2016. If you do so before that date, USCIS may deny the application.

https://www.uscis.gov/news/news-rele...waiver-process

Synopsis and tl;dr version is as follows:
I-601A waiver is now available to all statutory eligible persons, namely anyone with a USC or LPR spouse or parent.

It is available for all immigrant visa categories (IR, preference family, work, and DV lottery).

I-601A waiver allows dependents of the principal to tag along if there are any. They do not need to have their own USC/LPR Spouse/Parent.

Extreme hardship to the qualifying relative is still needed (and in some cases will be difficult to prove). (Though we can assume that USCIS will lower the threshold).

So for example. Let's say that you have the following situation.
John and Jane Doe are both in us illegally after entering without inspection, they are a childless married couple.
Jane's mother is a green card holder.
Jane has an employer who is willing to sponsor her, and she qualifies because she has at least 2 years of work experience under her belt. The employer sponsors her in EB-3 and the petition is approved.
Jane's mother is now able to get her an I-601A waiver, and if it approved both Jane and John will be able to attend a consular interview, get their immigrant visas, and return to US legally as permanent residents.

So this helps the following:
1) Persons who have a US citizen or LPR parent and either wish to be sponsored by the parent, or any third party (like an employer), or wish to play the green card lottery.
2) Persons married to LPRs (either because they do not wish to wait for their spouse to naturalize, or they EWI'd so it doesn't matter).
3) Persons married to USCs who wish to instead purse a different petition not via their USC spouse.

Who it does not help:
1) Persons who do not have a USC/LPR Spouse/Parent.

I read the regulations and I'm ready to answer any questions you might have.

Re: I-601A Expansion went live.

Would this somehow allow me to be sponsored by my mother? (over 21)

Re: I-601A Expansion went live.

Univision said that it applies for people over 21 years of age too? is that truth? This could be huge.

Re: I-601A Expansion went live.

Guys,

This is real. This will help many people who have a citizen father or mother.

The following is the text submitted at the US Publishing Office.

Quote:

Expansion of Provisional Unlawful Presence Waivers of Inadmissibility;
Final Rule

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103 and 212

[CIS No. 2557-2014; DHS Docket No. USCIS-2012-0003]
RIN 1615-AC03

Expansion of Provisional Unlawful Presence Waivers of
Inadmissibility
AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule, consistent with the Immigration and
Nationality Act (INA), expands the class of individuals who may be
eligible for a provisional waiver of certain grounds of inadmissibility
based on the accrual of unlawful presence in the United States. The
provisional unlawful presence waiver (``provisional waiver'') process
allows certain individuals who are present in the United States to
request from U.S. Citizenship and Immigration Services (USCIS) a
provisional waiver of these grounds of inadmissibility before departing
the United States for consular processing of their immigrant visas--
rather than applying for a waiver abroad after their immigrant visa
interviews using the Form I-601, Waiver of Grounds of Inadmissibility
(``Form I-601 waiver process''). The provisional waiver process is
designed to encourage unlawfully present individuals to leave the
United States, attend their immigrant visa interviews, and return to
the United States legally to reunite with their U.S. citizen or lawful
permanent resident (LPR) family members. Having an approved provisional
waiver helps facilitate immigrant visa issuance at DOS, streamlines
both the waiver and the immigrant visa processes, and reduces the time
that applicants are separated from their U.S. citizen or LPR family
members, thus promoting family unity. The rule is intended to encourage
eligible individuals to complete the immigrant visa process abroad,
promote family unity, and improve administrative efficiency.

DATES: This final rule is effective August 29, 2016.

FOR FURTHER INFORMATION CONTACT: Roselyn Brown-Frei, Office of Policy
and Strategy, Residence and Naturalization Division, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 20
Massachusetts Avenue NW., Washington, DC 20529-2099, Telephone (202)
272-8377 (this is not a toll free number).

SUPPLEMENTARY INFORMATION: This final rule adopts the proposed rule
that the Department of Homeland Security (DHS) published on July 22,
2015, with changes made in response to comments received. This final
rule provides that eligibility for the provisional waiver will no
longer be limited to the subset of statutorily qualified individuals
who seek to immigrate as immediate relatives of U.S. citizens \1\ and
who can show that denial of admission will result in extreme hardship
to a U.S. citizen spouse or parent. Rather, this final rule makes
eligibility for the provisional waiver available to all individuals who
are statutorily eligible for a waiver of the unlawful presence grounds
of inadmissibility. Under this final rule, such an individual must go
abroad to obtain an immigrant visa, establish that denial of admission
will result in extreme hardship to a U.S. citizen or LPR spouse or
parent, establish that his or her case warrants a favorable exercise of
discretion, and meet all other regulatory requirements. Eligibility for
the provisional waiver will also extend to the spouses and children who
accompany or follow to join principal immigrants. The rule is intended
to encourage eligible individuals to complete the immigrant visa
process abroad, promote family unity, and improve administrative
efficiency. DHS believes that this rule will reduce overall immigrant
visa processing times for eligible immigrant visa applicants; encourage
individuals who are unlawfully present in the United States to seek
lawful status after departing the country; save resources and time for
the Department of State (DOS), DHS, and the individual; and reduce the
hardship that U.S. citizen and LPR family members of individuals
seeking the provisional waiver may experience as a result of the
immigrant visa process.

Table of Contents:

I. Executive Summary
A. Purpose of the Regulatory Action
B. Costs and Benefits
II. Background
A. Legal Authority
B. Proposed Rule
C. Final Rule
III. Public Comments on the Proposed Rule
A. Summary of Public Comments
B. Legal Authority
C. Eligibility for the Provisional Waiver
D. Adjudication
E. Filing Requirements and Fees
F. Comments on the Application for Provisional Unlawful Presence
Waiver, Form I-601A, and the Form Instructions
G. Miscellaneous Comments
H. Comments on the Executive Orders 12866/13563 Analysis
IV. Regulatory Amendments
A. Amending 8 CFR 212.7(e)(1) To Clarify Which Agency Has
Jurisdiction To Adjudicate Provisional Waivers
B. Removing the Provisional Waiver Reason To Believe Standard as
a Basis for Ineligibility for Provisional Waivers
C. Removing the DOS Visa Interview Scheduling Cut-Off Dates in 8
CFR 212.7(e)(4)(iv) and 212.7(e)(5)(ii)(G)
D. Allowing Individuals With Final Orders of Removal,
Deportation, or Exclusion To Apply for Provisional Waivers
E. Clarifying When an Individual Is Subject to Reinstatement and
Ineligible for Provisional Waivers
F. Miscellaneous Technical Amendments
V. Statutory and Regulatory Requirements
A. Unfunded Mandates Reform Act of 1995
B. Small Business Regulatory Enforcement Fairness Act of 1996
C. Executive Orders 12866 (Regulatory Planning and Review) and
13563 (Improving Regulation and Regulatory Review)
D. Executive Order 13132
E. Executive Order 12988 Civil Justice Reform
F. Paperwork Reduction Act
G. Regulatory Flexibility Act

Very long... Continues here

Further down they have the following:

Quote:

As indicated above, many commenters asked that DHS expand the
provisional waiver process to include additional categories of
individuals, including sons or daughters who have approved immigrant
visa petitions and are over the age of 21 or married. To clarify, in
the proposed rule, DHS sought to include all beneficiaries of approved
immigrant visa petitions who are statutorily eligible for a waiver of
the 3- and 10-year unlawful presence bars, regardless of age, marital
status, or immigration status. Individuals with approved immigrant visa
petitions, including sons and daughters (married or unmarried) of U.S.
citizens, as well as those who have been selected to participate in the
Diversity Visa program, may participate in the provisional waiver
process provided they meet the requirements stated in 8 CFR 212.7(e).
Consistent with its statutory authority under INA section
212(a)(9)(B)(v), 8 U.S.C. 1182(a)(9)(B)(v), DHS will no longer limit
the provisional waiver process to certain immediate relatives of U.S.
citizens.\5\

This is so confusing, does this mean that it will only help people that have approved petitions and are currently waiting 10 years to re-unite?

Edit: I found this in another fourum:

newacct visaforum said:

Currently, to be eligible for the I-601A provisional unlawful presence waiver, the immigrant must be in the Immediate Relative category (spouse, under-21 child, or parent of US citizen), AND the qualifying relative (who must be a spouse or parent of the immigrant) that "extreme hardship" is to must be a US citizen. This is only a subset of the people that qualify for a regular I-601 unlawful presence waiver. For I-601 for the unlawful presence waiver, the immigrant can be in any category, and the qualifying relative (who must be a spouse or parent of the immigrant) that the hardship is to can be a US permanent resident or US citizen.

The I-601A relaxes both of these restrictions to match the eligibility of I-601. So:

Currently people in non-Immediate Relative categories (including F1 & F3, over-21 children of US citizens; F2, spouse and unmarried children of permanent residents; F4, siblings of US citizens; as well as employment-based categories, etc.) do not qualify for I-601A. They now qualify.
Currently people whose qualifying relatives are LPRs do not qualify for I-601A. They now qualify.y.

Re: I-601A Expansion went live.

This helps a beneficiary who is waiting for AoS from an I-130 approved, unmarried, over 21 son?

This means the 10 year ban is not applied? Still have to prove extreme hardship right?

No need for grandfathered 245i rule?

Re: I-601A Expansion went live.

Quote:

Originally Posted by DACA-IR-DA (Post 572444)

This is so confusing,

If I'm currently DACA and my parents are residents, could they apply for me and the waiver as well? (I take care of them, place to live, food, etc, they are in their 70's).

Thank you

Re: I-601A Expansion went live.

I hope they do lower the threshold.

My mother is going to apply for citizenship this year. She petitioned me 3 years ago the moment she got her green card. This will really help a lot of people if they lower the threshold :O

Re: I-601A Expansion went live.

So they still have to leave the country to do their interview, but can come back without the 10 year penalty?

Re: I-601A Expansion went live.

Quote:

Originally Posted by Dres2011 (Post 572433)

Would this somehow allow me to be sponsored by my mother? (over 21)

Yes. When your priority date would become current (or you'd instead be sponsored by an employer), your mother could get you the I-601A waiver. Note however that you'd still have to prove extreme hardship to her if you were denied admission.

Quote:

Originally Posted by daca2060 (Post 572436)

Univision said that it applies for people over 21 years of age too? is that truth? This could be huge.

It applies to anyone that has a USC/LPR spouse or parent, regardless of age.

Quote:

Originally Posted by daca2060 (Post 572447)

If I'm currently DACA and my parents are residents, could they apply for me and the waiver as well? (I take care of them, place to live, food, etc, they are in their 70's).

Thank you

Yes. They could also get you the waiver if you'd seek other avenue of sponsorship or you'd win the green card lottery...

Quote:

Originally Posted by IamAman (Post 572454)

So they still have to leave the country to do their interview, but can come back without the 10 year penalty?

Yes, the waiver doesn't allow you to do AOS, instead it takes care of the 10 year ban before you even leave US.

Quote:

Originally Posted by DACA-IR-DA (Post 572444)

No, this does not help in this case. If you're covered under 245(i) then you don't need the waiver and can adjust from within US.

Re: I-601A Expansion went live.

Demise and everyone in the forum,

Thank you for taking the time to answer our questions. I'm still a little confused. In my case how long would the process take?

This is the process from what I can understand so far:

Apply for a I-130
Be approved
Wait until a visa is available based on the visa bulletin.
Once approved, apply for the waiver which makes this process a lot faster

Please correct me if I'm wrong.

How long are we looking at? How long does the I-130 takes? is it faster thanks to this new rule?

Is there a place where I can ask for legal advise online o do have a lawyer you could recommend?

I came to the US with a tourist visa and my entire family has papers but myself. (Brothers trough marriage and mom and dad were asked by my now citizen brother).

Thank you!