Immigration News Briefs
Provisional Waiver Law Expanded
As of March 4, 2013, immigrant visa applicants who are immediate relatives of U.S. citizens (spouses, children under age 21, and parents), and who could show extreme hardship to a U.S. citizen spouse or U.S. citizen parent, were eligible to file for an unlawful presence waiver in the United States, before departure for an immigrant visa appointment, to minimize the time of separation from U.S. family.
Effective August 29, 2016, however, the provisional waiver will be made available for all immigrant, unlawful presence waiver cases, no matter what the basis for the immigrant visa application. Under the revised regulation, the USCIS may consider "extreme hardship, not only to U.S. citizen spouses or parents, but also to permanent resident spouses or parents" (i.e. green card holders).
This provides a huge benefit. All statutorily eligible immigrant visa applications, family-based or employment-based, would be eligible. An estimated 10,000 foreign nationals per year will benefit.
DACA Update
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy on Deferred Action for Childhood Arrivals (DACA). These initial or renewal requests for DACA may still be made.
The Supreme Court decision does, however, mean that the court injunction prohibiting implementation of DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and expanded DACA remains in effect.
If you submitted a request for DACA renewal between February 14 and May 14, 2016, you should receive a decision within the next few weeks. USCIS is dedicated to restoring normal processing times as quickly as possible.
APPLICATION FINAL ACTION DATES FOR September 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
15Sep09 |
15Sep09 |
|
2A |
15Nov14 |
15Nov14 |
|
2B |
01Feb10 |
01Feb10 |
|
3rd |
01Dec04 |
01Dec04 |
|
4th |
01Jan01 |
08Aug03 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Jan10 |
Current |
|
2nd |
22Feb05 |
01Feb14 |
|
3rd |
15Feb05 |
01May16 |
|
Other |
15Feb05 |
01May16 |
|
4th |
Current |
Current |
|
5th |
01Jan10 |
Current1B |
DATES FOR FILING VISA APPLICATIONS - September 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Jan10 |
01Jan10 |
|
2A |
22Nov15 |
22Nov15 |
|
2B |
08Feb11 |
08Feb11 |
|
3rd |
22Aug05 |
22Aug05 |
|
4th |
01May04 |
15Jun04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Jul09 |
Current |
|
3rd |
01Jul05 |
Current |
|
Other |
01Jul05 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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