2014 Presidential Action Email # 2

November 24, 2014

Dear Friends,

This second email to you will outline how the new Presidential Action will affect persons who need approved hardship waiver applications in order to be granted an immigrant visa abroad. Presently, only spouses and children (18-21 years old) of United States citizens can file provisional hardship waivers in the United States in order for it to be approved before immigrant visa processing. The waiver is granted if the applicant can prove that his/her inability to live in the United States with the U.S. citizen spouse or parent would cause that U.S. citizen spouse or parent extreme hardship. Now, President Obama will allow more types of family members to take advantage of filing provisional hardship waivers here, rather than waiting for months abroad while the waiver is processed.

Please email our new legal assistant, Dawn Davide, at ddavide@jeriflynn.com if you would like to be omitted from 1) this particular listserve (November 21, 2014, Presidential Action) or 2) from all further listserves from www.jeriflynn.com.

Si Usted quiere recibir estos correos electronicos en Espanol, por favor diga a Dawn Davide a ddavide@jeriflynn.com lo mas pronto possible.


Provisional Waivers of Unlawful Presence

Who will now be able to apply in the United States?:

Undocumented persons who have resided unlawfully in the United States for at least 180 days and who are: Adult children (sons and daughters) of U.S. citizens, Spouses of lawful permanent residents, and Sons and daughters of lawful permanent residents.

But only if a visa is available (in other words, the priority date is current).

Factors to consider will continue to be 1) family ties to the United States and the country of removal, 2) conditions in the country of removal, 3) the age of the U.S. citizen or permanent resident spouse or parent, 4) the length of residence in the United States, 5) relevant medical and mental health conditions, 6) financial hardships, 7) educational hardships, and 8) other relevant factors.

As with the new more generous deferred action for childhood arrivals (DACA) requirements and the new deferred action for parents (DAPA), we would be very happy to assist now or later with determining potential eligibility. Simply call Dawn at extension 21 to make an appointment.

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