USCIS Issues Guidance on I-601A Waivers and “Reason to Believe”

USCIS has released a guidance to USCIS field officers providing instruction on reviewing all evidence filed with an I-601A Provisional Unlawful Presence Waiver application. JCS Immigration and Visa, Los Angeles Immigration attorneys, has learned that USCIS has been denying numerous I-601A waivers due to an applicant having any criminal history.

In this latest guidance to field officers, released on January 24, 2014, USCIS instructs that if the offense is not a Crime Involving Moral Turpitude (CIMT) or if the crime qualifies for the petty offense or youthful offender exception, to not establish reason that the applicant may be inadmissible under INA Section 212(a)(2)(A)(i).

USCIS is encouraging its officers to be more fair in the adjudication process and review all evidence submitted, including whether the applicant warrants a favorable exercise of discretion before denying an applicant based on prior criminal records.

If you have questions about the I-601A Provisional Unlawful Presence Waiver, contact our Los Angeles lawyer now!

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