Written by Joseph Famuyde , Esq Saturday, 05 January 2013 03:35
I am happy to announce that on January 2, 2013, the U.S. Department of Homeland Security announced the final regulation on the changes to the existing immigration law that will allow thousands of immigrants who are currently stranded in the U.S. to apply for provisional waiver of their unlawful presence and subsequently obtain green cards at the U.S. Embassy abroad.
This is a huge development for many immigrants who are married to U.S. citizens, some with children but they have not been able to apply for green card because they did not enter into the U.S. with visas. It is now possible for these marooned immigrants to get green cards. Some immigrants started preparing for this regulation becoming final by retaining Attorney Famuyide last year. Some of them paid and the initial petition for alien relatives were filed and approved. It is now time to move to the next stage. All these immigrants need to contact Attorney Famuyide immediately.
The pathway to permanent resident status has just been opened to those who came into the United States without inspection a.k.a. the EWIs. In a publication by the U.S. Citizenship & Immigration Services on January 2, 2013 which was again published in the Federal Register on January 3, 2013, EWIs who are immediate relatives of U.S. citizens will be allowed to obtain waiver of the 10year penalty against them in the United States to enable them apply for immigrant visas abroad.
It must be further clarified that those immigrants who succeeded in entering the United States without inspection through a border post have a clear cut case. The only problem they have is the problem of unlawful presence which this new waiver rule will help clear. But an immigrant who came in through the border post and was caught and charged before the court will have to first of all clear the court case before he/she can take advantage of this new rule.
Any immigrant with removal order or pending removal proceedings who applies for the waiver and travels abroad as a result of the approval of the provisional waiver might get stuck abroad because of the removal order. The provisional waiver will not waive a removal order entered by an immigration judge. Additionally, it will not cancel a pending removal case before the immigration court. It is therefore very important to clear any deportation case before applying for the waiver.
It is essential that all immigrants know that this process is complex and should not be given to just any attorney who is not well grounded in immigration law to handle. There is no margin of error once the immigrant departs the United States. The goal is to bring the immigrant back and your attorney must assure you that it is possible and clear all hurdles before you travel abroad.
It is also important to note that all immigrants seeking to benefit from this provisional waiver rule must disclose all the facts of their cases to their legal representatives. If you hide anything such as an arrest or previous immigration fraud issues, you might end up getting stuck abroad if such issues are not addressed before you depart the United States.
There is another group of immigrants that seem not to have been addressed by this new provisional waiver rule. These are immigrants who entered into the United States through the Airports. Some of these immigrants were not caught. They succeeded in entering into the U.S. These immigrants are eligible for the provisional waiver unless they now go forward to admit fraud and create additional problem for themselves. If they admit fraud, they would have created another problem that require a similar waiver that seem not to have been addressed by this provisional waiver rule. The other group of immigrants are those caught at airports and charged with fraud for using passports with photos transposed or the outright use of someone else’s passport.
If you are in this category, it is important that you disclose the full facts of your case to your attorney so that all these matters could be addressed before you depart the United States. Make sure you are convinced that you will be allowed to return to the U.S.
It is important to note that if you have an old deportation case resulting from your entry into the United States illegally, this might be the best time to address such a case with the aid of the June 17, 2011 favorable exercise of discretion memo.
The Law Office of Joseph Famuyide is now accepting provisional waiver cases; please call for an appointment immediately. Our records with waiver application have been reported in this newspaper many times. Even though they are not representations of future outcome, we have excellent records.