2013 July Stateside Waiver FAQs

Stateside Waiver FAQ’s

Stateside Waiver Frequently Asked Questions (FAQ’s)

Q. If I was previously ordered deported/ removed from the United States, can I still take advantage of this law?

A. No, you cannot. However, it may be possible, under limited circumstances to have your prior deportation case reopened, and then request an administrative closure of the case to proceed with the waiver. In addition, the traditional Form I – 601 waiver can be requested at the US embassy / consulate in conjunction with a request to waive the prior deportation order with Form I -212.

Q. How long does it take to become a Lawful Permanent Resident under this law?

A. The stateside waiver/ provisional waiver process is different from adjustment of status in the United States where the Form I – 130 and the Form I – 485 can be filed together. When requesting the stateside waiver/ provisional waiver, it is first necessary to have the Form I – 130 approved, classifying the immigrant relative as an immediate relative. Thereafter, the case must be opened and paid with the National Visa Center prior to applying to the USCIS for the waiver. Standard processing times apply.

Q. If I am currently in removal/ deportation proceedings, can I take advantage of the law?

A. Yes, but you have to have your case administratively closed. You should contact a skilled immigration attorney to help deal with the Trial Attorney for DHS and request administrative closure to proceed with the stateside/ provisional waiver.

Q. If I have a criminal history, can I still take advantage of this law?

A. Maybe. Individuals who are inadmissible to the United States based on the conviction of specific crimes, as listed in the Immigration and Nationality Act (INA), will not be able to take advantage of the new law, which will only waive the unlawful entry/ unlawful presence in the United States. However, not all convictions are listed in the INA and you must have your case analyzed by a competent immigration lawyer. In addition, you can proceed with the traditional waiver process abroad through Form I – 601 to waive criminal grounds.

Q. Can I apply if there if my spouse is a Lawful Permanent Resident (LPR) ?

A. No, you cannot. The USCIS website is misleading. Only immediate relatives qualify for the waiver. In addition, parents of United States citizens unfortunately cannot utilize the stateside waiver or the traditional waiver abroad.

Contact Alan Barry and Associates, LLC in Danbury, CT to speak with an experienced immigration lawyer and receive a free consultation.