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Immigration Law Associates, PC

Expanded Waiver Rule to Boost Green Card Applications

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The expanded waiver rule – one of President Barack Obama’s executive actions on immigration –  was released in its final form in late July. The rule will expand the number of people who are eligible for an inadmissibility waiver, and will encourage individuals who may have resisted applying for green cards, to do so.

The rule, which takes effect on August 29, expands the group of people who can get provisional waivers on inadmissibility based on being unlawfully present in the Unites States. These waivers are pivotal because people without them  who maintain unlawful presence in the U.S., and subsequently leave the country, can face a three or 10-year inadmissibility bar.

Under a similar past rule, issued in 2013, parents and spouses of U.S. citizens could apply for provisional waivers of the three or 10-year bar before departing the country for visa interviews. But with the new rule in place, people will be able to show that being denied admission would cause hardship to a green card holder spouse or parent as well.

This provisional waiver can reduce the time family members are separated from one another.

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