January 30, 2013- IMMIGRATION REFORM


January 28, 2013- IMMIGRATION REFORM

Today, a bipartisan group of eight Senators unveiled a new set of comprehensive immigration reform principles. Although the framework offers only a very rough outline of what comprehensive immigration reform legislation might look like, the principles are a very strong starting point for legislative negotiations that should now begin in earnest.

The proposals comprise:

  • Creating a pathway to U.S. citizenship for the 11 million unauthorized immigrants currently living in the United States.
  • Reforming the legal immigration system and attracting the “best and brightest.”
  • Strong employment verifications.

It goes without saying that this framework for immigration reform will be attacked from both sides of the political spectrum. Regardless, We will keep our attention focused on developments in DC and keep you updated as soon as we hear more.

So stay tuned, a click back for more updates in the future...

January 2, 2013- STATESIDE WAIVERS

Today, the USCIS finally published the much-awaited rule on the unlawful presence waiver (I-601A), which will take effect on March 4, 2013.

This is an enormous development. While the new waiver provisions do nothing to change the substantive requirement that an immigrant demonstrate that the denial of her permanent residence would cause extreme hardship to her U.S. citizen spouse or parent, the new rules do eliminate the risk of long-term separation that has always been required to even seek the waiver.

By relocating decision-making of waivers to the United States and allowing immigrants to seek them in advance of their departure for their home country, this new regulation should reduce the numbers of immigrants without status in a humane way that honors family relationships.

Here are some key facts about the new rule:

  • The provisional waiver is limited to immediate relatives of U.S. citizens who can prove extreme hardship to the U.S. citizen
  • The waiver is limited to waiver for unlawful presence, and not other grounds of inadmissibility
  • The waiver is available to non-citizens in removal proceedings who have their proceedings administratively closed or terminated
  • Interviews still scheduled abroad
  • No non-removability clause
  • No right to employment authorization or parole upon the filing of a waiver
  • Filing fees for the process will be $585, plus a biometrics fee of $85.

There are no fee waivers available for the process.

The new procedure takes effect on March 4, 2013. If you have any questions about these keys facts or you would like to discuss your eligibility for stateside processing, give us a call at 626.356.9690 or send us an email at

For the Seattle area - Carney & Marchi, P.S.