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Blog Posts in January, 2013

Travelling outside the United States as a Dreamer (DACA)

A young client who was recently granted legal status and work authorization under the Deferred Action for Childhood Arrivals (DACA) program asked me if he could travel outside the United States. His ...
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Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?

We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process. The Answer If you are currently in ...
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New ICE Detainer policy - December 21, 2012

The director of Immigration & Customs Enforcement, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by ...
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DHS has the burden to prove LPR's inadmissiblity

When a permanent resident (LPR or greencard holder) travels overseas and returns, s/he is NOT to be treated as what is known as seeking admission (or an applicant for admission) into the United ...
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I want to apply for Provisional Waiver, but my case is already at NVC?

Many people are wondering what to do if they want to apply under the new provisional waiver process that was announced on January 3, 2013, but their visa petitions (130's) have been approved and their ...
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How do you prove "Extreme Hardship"?

The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what constitutes "extreme hardship." This is after ...
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New Provisional Waiver Rule Released

After almost a year of waiting, the new Provisional Waiver rule was released on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully ...
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