Immigration laws are changing.

My company opened a new office in the United States. My status was changed from business visitor to L-1A multinational manager within 2 weeks. Lawyers worked quickly and efficiently

~ A. K., Manager of an international trade company

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Provisional Waiver in Effect March 3, 2013

Monday, January 21st, 2013



Secretary of DHS has made a major announcement that starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States.

This new law will help people who entered the United States without inspection or otherwise cannot adjust status.

  1. What is the new rule and how can it help my family?

    Under current law, immigrants who enter the country illegally or overstay their visas cannot apply for permanent residence (a “green card”) in the U.S., and instead must finish the immigration process abroad. Unfortunately, just leaving the country - even to pick up a visa sponsored by a family member—automatically makes the intending immigrant subject to a penalty for their “unlawful presence,” potentially separating them from their family for up to ten years.

    For some, the penalty can be waived. Before this new rule, immigrants could be waiting outside the country for many months or years. Many immigrants were unwilling to take the risk and chose to remain in the shadows.

    The new rule means that many immigrants will leave the United States, knowing in advance that their case will probably be approved, and they could be back with their families—as a legal resident—in a matter of days.

  2. Who can apply under the new rule?

    If an immigrant has a US citizen spouses, parents and certain children, he/she can apply at this time.

    The applicant must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad. Also, the provisional waiver is only available for unlawful presence.

    For other situations please call our office. Some other forms of relief may be available to you.

  3. What does it mean that the waiver is "provisional?"

    Even if a waiver is granted, the approval is “provisional”. This means that the government has reviewed the case and believes that the waiver should be granted, but there is no guarantee that a case will be successful if facts change or new information comes to light. For example, if an applicant had previous immigration violations or criminal history, the provisional waiver will be revoked.

  4. When can I apply?

    The new rule goes into effect on March 4, 2013. Starting from that day filings will be accepted. You must file an immigrant petition before you can only apply for a provisional waiver.

  5. Do I need to work with an attorney?

    Yes. The immigration process is complicated and may take months or years if not done properly. Government filing fees and other expenses are significant—it is best to know your options before investing time and money. Experienced attorney should evaluate all aspects of your immigration history to find the best solution for your family.

CALL OUR OFFICES NOW (860) 756 0940.

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