Our client came to the United States in 2001 on a B-2 visitor's visa. In 2005 he married a U.S. citizen and sponsored our client's permanent resident status. Four years later, the Immigration Service denied his application because they believed he married he committed marriage fraud (what immigration calls an INA §204(c) decision). Such a decision is generally treated as the "death penalty" by the Immigration Service and Immigration Judges for any future applications a person might file to seek resident status. As a result of the denial, our client was put into removal proceedings -- not because of the fraud the government thought he had committed, but solely because he had remained in the United States longer than he was authorized.
On January 3, 2013, the USCIS published the final rule for provisional waivers with the effective date of March 4, 2013. Meaning, the USCIS will not accept waiver regulations until then. However, if you have not filed the I-130 petition, a step necessary to file the provisional waiver, you can do this now. What is this new rule?
As a result of the 2012 Presidential Elections, we anticipate that the Obama administration will continue accepting applications for Deferred Action for eligible young persons. We also hope that the Administration will be able to work in a bi-partisan way with the Congress to achieve a Comprehensive Immigration Reform in the foreseeable future.