WAIVERS FOR OVERSTAYS STILL IN U.S. MAY BE ABLE TO FILE WITHIN US
Recently, USCIS (Immigration) updated their rules regarding the Provisional Unlawful presence waiver. Now, they have expanded it. If you were turned away previously by your attorney, check back again now as these new rules went into effect on August 29, 2016!!
In summary, those people who have overstayed a visa or otherwise been unlawfully present in the United States for more than six months will be rendered inadmissible to the United States should they depart the U.S. This bar is triggered after one departs from the United States, so, under the current law, one can only apply for a waiver of this particular bar if they are outside the United States. This ground, (and this ground only) of inadmissibility can be waived by filing a prospective waiver application with USCIS here in the United States, before departing the country (and thus, triggering the bar). It is also important to note that this rule only applies to waiver application to waive this particular issue, and not for other waivers. If you have a spouse or parent who is a lawful permanent resident or citizen, you may qualify for this waiver. If you think you have been illegally in the United States for more than six months, or more than one year, and think you might qualify to apply for such a waiver, remember that this rule is not yet in effect. For more information, contact our office for a consultation.
Please visit our site again to see the latest information on new INS rules, regulations, and procedures. If you have any questions on recent provisions of the immigration law, feel free to contact us.