Where to File Hardship Waiver Applications

Creation of the two separate regulatory systems for hardship waiver applications established recently by the Administration’s promulgation of the Provisional Waiver regulations rendered many people confused as to where to file waiver applications for individuals who are NOT eligible for Provisional Waiver and intent to navigate the ordinary, well-established waiver rout. People are especially confused because they are routinely told now that the U.S. consulate posts do not accept waiver applications any longer. As recently as yesterday, I received a call from a person from Georgia who, sounding very frustrated, complained of this confusion.


Historically, that is for the last almost a decade or so and until very recently, the procedure had been that determination of whether an immigrant visa applicant was indeed inadmissible and thus warranted a waiver, was supposed to be formally made by the U.S. consulate in that person’s country of residence. Once made, the applicant would be served with what is known as a rejection letter, stating that he or she were found inadmissible and that a waiver could be potentially available for that type of inadmissibility. The significance of this letter is hard to overstate. It is not so because it broke the bad news that the individual was found not desirable and thus could not be allowed into the United States. Instead, the letter would formally start the process of the waiver application. The waiver application would then need to be submitted at the same consulate and the fee paid there. The consulate responsibility then would be to transfer the application to the USCIS foreign post having jurisdictional power over adjudicationof the USCIS applications by residents of that country.

Please visit the myattorneyusa.com website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com