Criminal Waiver

Provisional Waiver of Unlawful Presence Process = Lower Risk?

Provisional Waivers of Unlawful Presence





USCIS recently announced a new Provisional Waiver program for persons having accrued unlawful presence in the US.  The new rule will go into effect March 4, 2013.  The provisional waiver program is certainly not comprehensive immigration reform and its not even a change in the law.  But for those eligible it is a positive change.  Let’s start out by describing in laymen’s terms what the provisional waiver is.

What is Provisional Waiver?

The provisional waiver is a new program where USCIS will adjudicate extreme hardship waiver cases for persons in the U.S. who are neither eligible to change status or adjust status to permanent residence.  In the past, applicants for extreme hardship waiver cases needed to leave the U.S. to file the case and if the case was denied, they were separated from their family indefinitely or at least 3 to 10 years.  Now, the provisional waiver program allows eligible parties to file from the United States, receive a decision without leaving the U.S. and upon approval, exit the U.S.… Continue reading...

Posted in Comprehensive Immigration Reform, Criminal Waiver, Immigration Lawyer Blog, Immigration Reform, Waiver of Admissibility, Waiver of Inadmissibility | Tagged , , , , |

Celebrity Immigration 101: Amy Winehouse

Inadmissibility Criminal Grounds, Amy Winehouse

Amy Winehouse was an excellent performer.  She was nominated for 6 Grammy Awards and won 5 a huge achievement and one of international acclaim.  Amy was clearly tops in her field as an international performer, singer, and songwriter.  Unfortunately, Amy Winehouse had a troubled life, she died way too early at the age of 28 in July 2011.  She was arrested numerous times for drugs and was even allegedly videotaped smoking crack.  This is likely the reason why her visa was denied by the US Consulate in London so that she could perform at the Grammy’s and also be present while being nominated for 6 awards.

Two part test: Visa eligibility + admissibility
Given Amy Winehouse’s international acclaim as a performer, her substantial ties to the United Kingdom she was eligible for many different types of visas.  Just on the surface if an Examiner was told that Amy was nominated for the Grammy Awards it would be 90% of the battle for an approved visa.… Continue reading...

Posted in Criminal Waiver, Immigration Lawyer Blog, Waiver of Admissibility | Tagged , |