李晶婷律 師 事務所
Law Offices of Jingting Li, PLLC
這個最終的規定建立在2013年就已經成立的支持家庭團結的程序上。在那個程序下，部分公民的直系親屬可以申請非法入境（本不予受理）的臨時豁免，因為如果他們沒有得到豁免，作為他們的配偶或是父母的公民會遭受極端的痛苦。最終規定在今天宣布，將在2016年8月29日生效，把臨時豁免程序的資格擴展至所有符合豁免資格的非法入境人士。移民局將會在接下來的幾週你更新他們的政策手冊，提供移民局如何裁定符合極端痛 “Extreme Hardship”的指導。
USCIS to Allow Additional Applicants for Provisional Waiver Process
Release Date: July 29, 2016
Rule to Extend Process to All Individuals Who Are Statutorily Eligible for the Waiver
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.
This final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The rule announced today, which goes into effect on Aug. 29, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. USCIS expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.
Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute. This regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver.
To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.
The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver. These changes will go into effect along with the final rule. The updated form will be posted on USCIS’ website at uscis.gov/i-601a on August 29, 2016.
Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. 29, 2016. If you do so before that date, USCIS may deny the application.
For more information：https://www.uscis.gov/news/news-releases/uscis-allow-additional-applicants-provisional-waiver-proce