1. It is not yet available, but should be later this year.

2. You must be beneficiary of Immigrant Relative APPROVED petition from US Citizen. Not a pending form I-130.

3. You must not be in removal or subject to a removal order. In other words if you have already been placed in removal proceedings (also known as deportation), you will not be able to use this provision.

4. You must not have an immigrant visa interview setup by Department Of State. If your interview was already scheduled at the US consulate abroad, you will not be able to use this provision.

5. The hardship to a US Citizen spouse/parent only can be considered. So hardship to a US Citizen child can not be considered directly, however it may be indirectly considered based on the effect it has on US Citizen spouse.

6. It only waives the unlawful presence bar that would be triggered upon leaving the US, thus no guarantee of readmission. It does not waive other bar such as criminal convictions.

7. You still must leave the US to apply for a visa. Also the waiver can be filed inside the United States, the beneficiary will still have to pick the visa abroad after approval.

8. It does not provide lawful status. During the time the case is being processed, there are no benefits of status conferred.

9. It does not toll unlawful presence. Just because the waiver is filed, it does not that the time on the unlawful presence is stopped.

10. It provides no interim benefits like an EAD (employment authorization).

 

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).