Tag Archives: unlawful presence

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Requirements for Form I-601A, Provisional Unlawful Presence Waiver

Prior to March 2013, an undocumented immigrant seeking to obtain a Green Card through marriage had to first leave the United States and seek an immigrant visa at the U.S. Embassy or Consulate in his or her home country, which could result in obtaining a 3 or 10 year bar from admission into the United […]

USCIS Statement on Matter of Arrabally/Yerrabelly Cases

The following is an excerpt from a meeting between the American Immigration Lawyer’s Association (AILA) and U.S. Citizenship and Immigration Services (USCIS). Matter of Arrabally/Yerrabelly discusses the circumstances of being paroled back into the United States after a brief visit abroad after receiving Advance Parole from USCIS. The Advance Parole grant authorizes an alien’s departure and […]

Form I-601A, Provisional Unlawful Presence Waiver

Our office of Los Angeles lawyers has been updated on some facts about the Form I-601A, Unlawful Presence Waiver application from USCIS. The law states that USCIS may deny an I-601A waiver application if USCIS has reason to believe that the individual is subject to another inadmissibility ground. A public panel recently asked USCIS: when […]

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 […]

NVC Procedures Regarding I-601A Provisional Waivers

JCS Immigration and Visa Law Office, located in Los Angeles has a team of Immigration lawyers who constantly monitor immigration news to ensure our clients are up to date with the latest information relating to their cases. Recently, representatives from the Department of State’s (DOS) National Visa Center (NVC) commented on the evolution of the […]

Delays in I-601A Processing: I-130 Petitions Mistakenly Sent to NRC Instead of NVC

At JCS Immigration and Visa Law Office we monitor trends in immigration as well as current processing times for all immigration benefits. the ICE and USCIS Field Operations Liaison Committee are seeking examples of Form I-130 petitions where Immigrant Visa processing was indicated on the I-130, Question#22 on Page 2 of the I-130, that were […]

Five Practice Considerations for I-601A Filings

1. Thoroughly Vet the Applicant’s Background Be sure to thoroughly vet the applicant’s background at the beginning of the case to avoid surprises at the adjudication stage. File all necessary Freedom of Information Act (FOIA) requests to verify existing records related to any encounters between the applicant and the government. For example, if your client […]

I-130 Provisional Waiver and Consular Processing Reminder

In certain situations when the intended beneficiary of an I-130 petition must apply for his or her immigrant visa abroad at a U.S. Embassy or U.S. Consulate, it is important to indicate that the Form I-601A provisional waiver that the immigrant will be processing the petition outside of the United States. If consular processing is […]