Attorney Nicole True Educates Immigrants About Expanded Eligibility for Provisional Waivers

The U.S. Citizenship and Immigration Services (USCIS) recently announced a final rule expanding the existing provisional waiver process. Now, certain individuals who are immediate family members of U.S. citizens or lawful permanent residents (LPRs) and who are otherwise statutorily eligible for an immigrant visa may more easily navigate the immigration process. The new law reduces the time that eligible individuals are separated from their family members. It also allows them to seek a waiver of their unlawful presence while they are in the U.S., and then complete the consular interview abroad.

“Before this new law, only the immediate relatives of U.S. citizens were eligible to seek provisional waivers before departing the United States for the consular processing of their immigrant visas,” said immigration attorney Nicole True, founder of the Nicole True Law Firm, P.C. “Now, eligibility for the provisional waiver program has been expanded to include spouses and children of LPRs.”

The final rule went into effect on August 29, 2016, and builds on a process established in 2013. Under that process, certain immediate relatives of U.S. citizens or LPRs can apply for provisional waivers for their unlawful presence in the U.S. based on the extreme hardship their U.S. citizen or LPR spouses or parents would suffer if the waiver was not granted. If an applicant can demonstrate extreme hardship to a United States citizen or LPR spouse or parent, that person may apply for and receive a provisional waiver.

“The new law promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad,” concluded True. “All persons seeking provisional waivers, including those in removal proceedings, must file applications for provisional waivers with the USCIS.”

About Nicole True Law Firm, P.C.

Nicole True Law Firm, P.C. is a criminal and immigration law firm that represents clients in Travis, Williamson, Hays, Bastrop, Caldwell, Comal, Guadalupe and surrounding counties. Nicole True practices state and federal criminal defense and immigration law. Her primary interests include representing undocumented workers and citizens from other countries detained under state and federal law. For more information, please call (512) 474-4114, visit http://www.nicoletruelaw.com or follow them on Facebook. The law office is located at 1524 South Interstate 35, Suite 207, Austin, TX 78704.