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Proposed Rule For Expanded Provisional Waiver Of Unlawful Presence

Discussion in 'General discussion about executive action' started by ashwikgreddy, Jul 17, 2015.

  1. ashwikgreddy

    ashwikgreddy Junior Member

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    A. Immediate Relatives, Family-Sponsored Immigrants, Employment-Based Immigrants, and Certain Special Immigrants

    Under the proposed rule, an alien would be eligible for a provisional waiver if, among other criteria, he or she has an immigrant visa case pending with DOS based on an approved immigrant visa petition and has paid the immigrant visa processing fee. Aliens with an approved immigrant visa petition include:

    A beneficiary of an approved Petition for Alien Relative, Form I-130, or Petition for Amerasian, Widow(er), and Special Immigrant, Form I-360 (classifying the alien as immigrant visa applicant under INA section 201(b)(2), 8 U.S.C. 1151(b)(2), or INA section 203(a) or (b), 8 U.S.C. 1153(a) or (b));

    A beneficiary of an approved Immigrant Petition for Alien Worker, Form I-140 (classifying the alien as immigrant visa applicant under INA section 203(b), 8 U.S.C. 1153(b)); and

    A spouse or child, as defined in subparagraph (A), (B), (C), (D) or (E) of INA section 101(b)(1), 8 U.S.C. 1101(b)(1), if accompanying or following-to-join an alien spouse or parent seeking to immigrate under INA section 203(a) or (b), 8 U.S.C. 1153(a) or (b), or under INA section 203(d), 8 U.S.C. 1153(d).
     
  2. ashwikgreddy

    ashwikgreddy Junior Member

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    Can someone explain me if the siblings will also be included in this ?

    Also how exactly the I-140 approved people will benefit from this ?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The key there is "paid the immigrant processing fee." The NVC doesn't send that out until the qualifying date is reached - generally about six months before the PD becomes current.
     
  4. s_gan

    s_gan Super Moderator

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    I doubt if the 6 month rule still applies
     
  5. ashwikgreddy

    ashwikgreddy Junior Member

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    Say your sibling who is a citizen applied you a green card, you are in status (H1B (first 6 years) , F1 OPT, new F1, and out of status for a decade until your PD becomes current). Can you get the GC when date becomes current and even u were out of status for a while ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I very much doubt that they are going to let the two and a half million people on the FB waiting list come in as a result of this.
     
  8. sigler

    sigler Junior Member

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    Hi Ron, you've said a number of times that there isn't accurate demand data for EB applications. How about FB peitioners, is there any accurate data on exactly how many people are waiting in line, what country they're all from, etc? Thanks.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That data is much more accurate because most of those folks are in the State Department system.
     
  10. sigler

    sigler Junior Member

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    And where would that data be available online?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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  13. sigler

    sigler Junior Member

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    Great, thanks Ron.
     
  14. ashnov2012

    ashnov2012 New Member

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    I am still confused as how this rules helps the I140 approved applicants ??? Please shed some light
     
  15. ashnov2012

    ashnov2012 New Member

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    As far as i understand this rule, suppose i have an EB2 I140 approved app. I loose me job and do something or don't work for a decade and find an employer who will re do my green card with old priority date for future employment. Will i be able to apply for consular processing GC then ?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you will - assuming you qualify for the waiver. Not everyone qualifies.
     
  17. ashnov2012

    ashnov2012 New Member

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    I have a sibling who is a citizen. Do I need a close relative only to get the Waiver ?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    How close is a "close relative"? I have 2 uncles. :)
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need a U.S. citizen parent, spouse, or child, or LPR spouse or child.
     
  20. Kamakazee

    Kamakazee Super Moderator

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    Hmm. Most of us have US citizen children. Maybe we should comment on this rule.
     

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