Immigration and Nationality Law

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Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. 

Expanded Provisional Waiver Rule takes effect on August 29, 2016

USCIS announced on July 29, 2016 that the new rules on expanded eligibility for the provisional unlawful presence waiver will take effect on August 29, 2016.

In general, an individual with an approved immigrant petition who is present in the United States without having been inspected, admitted or paroled, is ineligible to adjust his or her status to that of a lawful permanent resident (LPR) while in the United States. Instead, he or she must depart the United States and apply for an immigrant visa at a U.S. embassy or consulate abroad. However, if the applicant has accrued unlawful presence in the United States for more than 180 days, departure may trigger a 3 or 10 year bar to readmission. The bar may be waived if the applicant demonstrates that the refusal of his or her admission would cause extreme hardship to a U.S. citizen or LPR spouse or parent.

An applicant who knows that he or she will be subject to the 3 or 10 year bar may apply for provisional approval of an unlawful presence waiver prior to departing the United States for the consular visa interview.  This process has shortened the time that a petitioner is separated from his or her family member while the latter obtains an immigrant visa abroad.

Previously, a provisional waiver was limited to those immigrating to the U.S. as "immediate relatives” such as spouses and children of U.S. citizens and parents of adult U.S. citizens.  Under the new expanded provisional waiver rule, eligibility is extended to anyone statutorily eligible for an unlawful presence waiver under INA §212(a)(9)(B)(v), regardless of their immigrant visa classification, such as immigrant visa applicants under the family or employment-based preference category, the diversity visa lottery, or the special immigrant classification.

The new rule, which takes effect on August 29, 2016, is a great step towards promoting family unity and greatly reduces the separation time entailed in the former unlawful presence waiver process. 

Feel free to contact our office to get more information about the expanded provisional waiver rule.

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