Desi Talk - page 20

December 26, 2014
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By: Michael Phulwani, Esq., David H.
Nachman, Esq. and Rabindra K. Singh,
Esq., Immigration Lawyers at the
Nachman Phulwani Zimovcak (NPZ) Law
Group, P.C. - VISASERVE (NJ, NY,
Canada, and India).
Immigration Accountability
Executive Action Was Announced
By President Obama. Are You or
Someone You Know a
Beneficiary? (Part III) - Changes
to Provisional Waivers and
"Extreme Hardship Definition
After years, President Obama has finally
announced his plan for Administrative Relief.
It is not an "Executive Decision". It is not an
immigration Bill (although it is hoped that it
may lead to one). The programwill go under
the name "Immigration Accountability
Executive Action".
The following is a short description of
some of the highlights of another part of the
President's plan.
Department of Homeland Security
Secretary, Jeh Johnson, is directing USCIS to
issue new regulations and policies regarding
provisional waivers (commonly referred as I-
601A waivers).
In January 2013, DHS published a regula-
tion setting up a process to allow some peo-
ple to file I-601A waivers of the three and ten
year overstay/unlawful status bars before
leaving the U.S. and potentially facing a 3 or
10 year bar on returning to the US. The cur-
rent rule expands the provisional waiver pro-
gram announced in 2013 by allowing the
spouses, sons or daughters of lawful perma-
nent residents and sons and daughters of
U.S. citizens to get a waiver if a visa is avail-
able. There may be instances when the quali-
fying relative is not the petitioner.
USCIS is advising that these changes will
not take effect until new guidelines and regu-
lations are issued and has not provided a
Department of Homeland Secretary is has
also requested that USCIS should clarify the
factors that are considered by adjudicators in
determining whether the "extreme hardship"
standard is met in order to provide broader
use of this legally permitted waiver program.
Factors to be considered include, but are
not limited to:
• Family ties to the US and the country of
• Conditions in the country of removal
• The age of the US citizens or permanent
resident spouse or parent
• The length of residence in the US
• Relevant medical and mental health
• Financial hardship and
• Educational hardship
USCIS is also being directed to consider
criteria by which a presumption of extreme
hardship may be determined to exist (similar
to the NACARA program).
For more information, please feel free to
contact the Nachman Phulwani Zimovcak
(NPZ) Law Group, P.C. at 201-670-0006
(x107). VISASERVE TEAM'S U.S. immigration
lawyers or attorneys can also be reached by
e-mail at
or by calling us
TOLL FREE at 866-599-3625. In the mean-
time, please be sure to check out our website
for updates.
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