NEW YORK, Feb. 23, 2016 /PRNewswire/ -- A St. Vincent national who has lived in the United States without an immigration status for nearly two decades, will finally be able to become a U.S. permanent resident thanks to immigration attorney Alena Shautsova.
In 2013, the Obama administration implemented a new type of waiver from unlawful presence bar: an I- 601A provisional waiver for immediate relatives of United States citizens. In most cases, a person who entered the United States without inspection is not eligible to adjust his or her status to one of a permanent resident. In order to become "legal," such a person would have to leave the United States and apply overseas for an immigrant visa and a waiver. Prior to the I-601A waiver, it was very common that such a visa applicant would have to wait abroad for several years before the waiver was approved and before he or she could return to the United States. The provisional waiver reduced the wait time one has to spend abroad from several years to several days.
The case at issue involved a mother of five for whom her U.S. citizen husband filed a family petition several years ago and who never appeared for her immigrant visa interview at her home country. Under the provisional waiver rules, one who already has a scheduled interview at a U.S. consulate abroad cannot use the I-601A opportunity. However, we figured, since the previous petition was terminated by the government due to inaction, we could file a new I-130 petition and "revive" the opportunity for the I-601A benefit. The USCIS agreed with us, and now, my client, the mother of five wonderful children would need to travel overseas for only a couple of days, opposed to years, in order to be admitted into the United States in a permanent resident status.
This case is a great example of how a little change in the law can bring a big change for a particular family.
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SOURCE Law Office of Alena Shautsova