LexisNexis® Legal Newsroom
Advance Copy of USCIS Final Rule to Support Family Unity During Waiver Process

"On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the...

USCIS Announces Final Rule to Support Family Unity During Waiver Process

USCIS, Jan. 2, 2013 - " Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to...

Telecon Today, Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern) re Provisional Unlawful Presence Waiver Process

Final Rule: Provisional Unlawful Presence Waiver Process - Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern) "U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a stakeholder teleconference to discuss the final rule posted in the Federal...

USCIS Final Rule: Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

"On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the...

USCIS Invitation to Provisional Unlawful Presence Waiver Engagement - Tuesday, February 26, 2013 @ 1 p.m. (Eastern)

U.S. Citizenship and Immigration Services sent this bulletin at 02/19/2013 12:57 PM EST - Tuesday, February 26, 2013 @ 1 p.m. (Eastern) Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a joint stakeholder teleconference...

Guidance Pertaining to Applicants for Provisional Unlawful Presence Waivers: USCIS

"USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within the “petty offense” or “youthful...

AILA Memo to CBP re Unlawful Presence

"The American Immigration Lawyers Association renews its request that CBP adopt the interpretation of unlawful presence for non-controlled aliens enunciated by USCIS." - AILA, Mar. 18, 2014 .

NBC I-601A Provisional Unlawful Presence Waiver Slides

NBC I-601A Provisional Unlawful Presence Waiver Slides - 58 pages, from Jan. 2013 . [Hats off to AILA for obtaining these through FOIA!]

The Case for Removing the Three and Ten-Year Bars - Shoba Sivaprasad Wadhia

" This paper examines the background and consequences of the unlawful presence bars, and explores possible policy changes that would mitigate their harmful impact on noncitizens and their families." - Shoba Sivaprasad Wadhia

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for...

USCIS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

"The Department of Homeland Security (DHS) proposes to expand eligibility for provisional waivers of certain grounds of inadmissibility based on the accrual of unlawful presence to all aliens who are statutorily eligible for a waiver of such grounds, are seeking such a waiver in connection with...

Danielle Rizzo on Unlawful Presence

What is Unlawful Presence? An Overview of Historic Agency Interpretation of the 3- and 10-Year Bars, and CBP's Radical Departure from Longstanding Guidance "Any discussion of unlawful presence should begin by differentiating unlawful presence from being out of status. ..." Danielle...

DHS Final Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 - "This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility based on the accrual of unlawful presence...