On December 27, 2016, the Administrative Appeals Office of U.S. Citizenship & Immigration Services (USCIS) issued a far-reaching decision, Matter of Dhanasar, that sets a new legal framework for approval of National Interest Waiver (NIW) petitions and is likely to greatly increase the value of this green card category.
Continue Reading USCIS Issues Precedent Decision Revising Legal Standard for National Interest Waiver Petitions
Waivers
USCIS Begins Accepting Provisional Waivers from Immediate Relatives of U.S. Citizens
Starting today, March 4, 2013, USCIS will begin accepting applications for “provisional waiver” of unlawful presence from spouses, children and parents of U.S. citizens on Form I-601A.
As we explained in more detail in a previous post, these “immediate relatives” who qualify for the provisional waiver may now apply while they are still in…
DHS Announces Final Rule for Certain Family Members of US Citizens to Obtain “Stateside Waivers” of Unlawful Presence
On January 3, 2013, DHS announced publication of its final rule for certain spouses, children and parents of U.S. citizens to obtain provisional waivers of unlawful presence from within the United States, prior to leaving in order to apply for required immigrant visas at US consulates in their home countries. The new rule and procedures will become effective on March 4, 2013.
Continue Reading DHS Announces Final Rule for Certain Family Members of US Citizens to Obtain “Stateside Waivers” of Unlawful Presence
HIV-Positive Aliens No Longer Inadmissible to US
On November 2, 2009, the Centers for Disease Control of the U.S. Department of Health and Human Services issued a final rule removing HIV infection from the list of “communicable diseases of public health significance,” effective January 4, 2010. The rule means that HIV-positive foreign nationals will no longer be inadmissible to the United States…