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2016 Provisional Unlawful Presence Waiver Rule

Aug 18, 2016

2016 Provisional Unlawful Presence Waiver Rule by Damini M. Patel, Esq., Associate Attorney of the Nair Law Group, APC. On July 29, 2016, the Department of Homeland Security published a final rule that expanded the availability of the provisional unlawful presence waiver. This waiver is available to individuals who would be eligible for a waiver under INA §212(a)(9)(B)(v). Under INA §212(a)(9)(B)(v), an individual who has accrued over 180 days of unlawful presence in… Read More


2016 Provisional Unlawful Presence Waiver Rule

Aug 11, 2016

by Damini Patel, Esq., Associate Attorney at the Nair Law Group On July 29, 2016, the Department of Homeland Security published a final rule that expanded the availability of the provisional unlawful presence waiver.  This waiver is available to individuals who would be eligible for a waiver under INA §212(a)(9)(B)(v).  Under INA §212(a)(9)(B)(v), an individual who has accrued over 180 days of unlawful presence in the US is subject to a 3-year bar to readmission that is…


What is a 212 (d) (3) Waiver?

Aug 11, 2016

by Arti Desai, Esq., Senior Associate Attorney with the Nair Law Group What happens during the non-immigrant visa stamping process abroad? The process has been streamlined where the visa applicant files an online visa application and requests an interview at the local US consulate. On the day of the interview, the applicant is given a few minutes to present his/her case before the consular officer and the application is either approved, denied or issued a refusal letter with a request for… Read More