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Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

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Filed: IR-1/CR-1 Visa Country: Jordan
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WASHINGTON— 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 become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at www.regulations.gov.

Thoughts? What do you guys think this means? Sounds like a visitor visa for immediate relatives who files the I-130 till the interview and get to return for the interview.

USCIS

08/13/2012: I-130 sent to Chicago Lockbox from Jordan (Nahda Office)

08/21/2012: NOA1

8/21/2012 : NOA1 Hardcopy

8/28/2012 : 1-797C Action Transferred to NBC (Assuming sent to Atlanta Local office...but no telling)

O9/4/2012 : Last touched.

2/26/2013 : Infopass with Atlanta (confirmed file is there and no action yet. To be started in March)

03/18/2013 : 2nd Infopass (No review or processing of any stand-alone I-130s for 60-90 days. URGHHHHHHHHHH)

04/6/2013: NOA2 (228 days from NOA1)

NVC

05/10/13 USCIS Atlanta letter to me confirms this date as sent to NVC

05/20/13 NVC Received Case (Waiting on case number)
06/7/2013 NVC case number assinged
06/7/2013 Choice of agent complete now awaiting fees

Gave up tracking when I left overseas...but we are almost done biggrin.png!

TERMINATED SEPTEMBER 27, 2012.

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Filed: IR-1/CR-1 Visa Country: China
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raise your hand if you have an unlawful presence issue.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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If they are going to approve them anyway, what is the point of making them leave the country. Why dont they just give them a visa at USCIS and be finished with it. They still have to leave. I was thinking that they would change it as to they do not have to leave.

I do however appreciate the effort to correct our very poorly put together immigrations system.

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Filed: IR-1/CR-1 Visa Country: China
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USCIS doesn't issue visas. Sorry.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Thoughts? What do you guys think this means? Sounds like a visitor visa for immediate relatives who files the I-130 till the interview and get to return for the interview.

Not really, no.

This bit is for :

People who accrue unlawful presence in the USA and are not eligible to adjust status in the USA.

This gives them an opportunity to apply for a waiver in the VISA process BEFORE the IV Unit's interview on the VISA.

Prior, the waiver would have to be applied for AFTER the visa interview at the IV Unit.

If, after reading this, you think it's for a visitor visa, or even remotely sounds like a visitor visa - I'm sorry, that's just dead wrong.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: Jordan
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Not really, no.

This bit is for :

People who accrue unlawful presence in the USA and are not eligible to adjust status in the USA.

This gives them an opportunity to apply for a waiver in the VISA process BEFORE the IV Unit's interview on the VISA.

Prior, the waiver would have to be applied for AFTER the visa interview at the IV Unit.

If, after reading this, you think it's for a visitor visa, or even remotely sounds like a visitor visa - I'm sorry, that's just dead wrong.

Then I am dead wrong then :D

Thought maybe it could have something to do to ease the hardship on people trying to LEGALLY get spouses with them in the USA before they even step foot in the states. My apologies :bonk:

USCIS

08/13/2012: I-130 sent to Chicago Lockbox from Jordan (Nahda Office)

08/21/2012: NOA1

8/21/2012 : NOA1 Hardcopy

8/28/2012 : 1-797C Action Transferred to NBC (Assuming sent to Atlanta Local office...but no telling)

O9/4/2012 : Last touched.

2/26/2013 : Infopass with Atlanta (confirmed file is there and no action yet. To be started in March)

03/18/2013 : 2nd Infopass (No review or processing of any stand-alone I-130s for 60-90 days. URGHHHHHHHHHH)

04/6/2013: NOA2 (228 days from NOA1)

NVC

05/10/13 USCIS Atlanta letter to me confirms this date as sent to NVC

05/20/13 NVC Received Case (Waiting on case number)
06/7/2013 NVC case number assinged
06/7/2013 Choice of agent complete now awaiting fees

Gave up tracking when I left overseas...but we are almost done biggrin.png!

TERMINATED SEPTEMBER 27, 2012.

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Filed: Other Timeline

The perversion about this is only obvious to those who know what the waiver is for: to override the bar that is triggered if someone was unlawfully present in the United States for 180 days or longer and is ineligible to adjust status. In plain English: the immediate relatives of US citizens.

Sound simple?

Well, the moment they leave the US in order to attend the interview in Mexico (presumably), they will trigger the bar. Then the US citizen relative can file for a waiver. Now, however, they can file before they trigger the bar. Think of it as claiming a loss on your fire insurance policy based on the fact that you will have a fire next week. It's exactly that.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

raise your hand if you have an unlawful presence issue.

I did and I divorced it :):dance:


event.png


event.png



Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from CR-1 Case Progress to General Immigration Discussion, to be with the other threads on this topic. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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