Status of expanding I-601A provisional waivers to other classes


On expansion of the provisional waiver program to “all statutorily eligible classes of relatives for whom an immigrant visas immediately available,” a topic included in the AILA (American Immigration Lawyers Association)/U.S.C.I.S. benefits policy committee meeting April 16, 2015, DHS said that it is proposing to amend its regulations to expand access to all statutorily eligible classes of relatives for whom an immigrant visa is immediately available, including those who can show extreme hardship to his or her lawful permanent resident spouse or parent, and that it is currently completing the development of the proposed rule in preparing for the concurrence and clearance process. With the speed that we have seen the agency take lately on the promulgation of regulations (the new H-4 rule for employment took one year alone to move from proposed to final rule), one should not be expected to hold one’s breath waiting for this to happen. Hopefully the expansion regulation will be given priority in the Administration’s agenda of greenlighted items.

Reprinted with permission.

About The Author

Alan Lee, Esq. Alan Lee is a 30+ year practitioner of immigration law based in New York City holding an AV preeminent rating in the Martindale-Hubbell Law Director, registered in the Bar Register of Preeminent Lawyers, on the New York Super Lawyers list (2011-12, 2013-14, 2014-2015), and recognized as a New York Area Top Rated Lawyer. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for Interpreter Releases, Immigration Daily, and the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasba and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004; his 2004 case in the Second Circuit Court of Appeals, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof (its value as precedent, however, was short-lived as it was specifically targeted by the Bush Administration in the Intelligence Reform Act of 2004); and his 2015 case, Matter of Leacheng International, Inc., with the AAO set nation-wide standards on the definition of “doing business” for multinational executives and managers to gain immigration benefits.

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