What you need to know about unlawful reentry after previous unlawful stay in the United States.

We answer what you need to know about deferred action and the new provisional waiver rules whether you qualify or not. It’s very important to understand that when we analyze somebody’s eligibility for a waiver or for deferred action or for any migration benefit. This is something that you need to have an attorney review and assess with you.

Show Notes:

[00:03] Ask my immigration lawyer podcast show introduction.

[00:15] Do you qualify for deferred action and do you qualify for the new provisional waiver changes that it came out this week on January 3rd? You really have to sit down with an attorney to assess whether your departure from the U.S. was reasonable or was it something that will fall within the exceptions because there are exceptional departure for deferred action.

[01:10] As far as the new provisional waiver rules, the fact that a person re-entered, even one re-entry will disqualify them for filing for this waiver. Ask that question, how many times have you tried to come to the U.S. or reenter. If it’s more than once we’re getting very concerned and most clients will not qualify from any benefits because reentry could be a bar from any benefits.

[02:18] Thank you for listening to the ask my immigration lawyer podcast.

If you have any questions, email me at jacob@h1b.biz

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: In this segment I would like to answer a question that came to me from Juanita. Juanita was asking: I came to the US when I was seven years old then I left again when I was 12 then I came back again when I was 15 and I never left. My question is do I qualify for the new deferred action that was announced by President Obama? And also I was wondering if I qualify for the new provisional waiver changes that came out this week, January 3rd?

Thank you Juanita for the question. This is a very good question and a lot of people are asking this question because it’s very confusing.

Well, for deferred action it really depends. You really have to sit down with an attorney and to assess whether your departure from the US was reasonable or was it something that will fall within the exception because there are exception on departure for deferred action. To answer this question, it may be possible for you to still qualify even though you have those departures. But, again, this is something that you [inaudible 00:01:17] to have an attorney review and assess with you.

As far as the new provisional waiver rules the fact that a person reentered, even one reentry, will disqualify them for filing for this waiver because even though the waiver will help cure the first entry, the fact that they were here … came illegally to US, it’s not going to help them cure the reentry. Their reentry will require a separate waiver and in fact in this case there may not be even a waiver for reentry, it pretty much requires a tenure wait.
So it’s very important to understand that when we analyze somebody’s eligibility to … for a waiver or for deferred action or for any immigration benefit we really have to understand and ask a question, how many times have you tried to come to the US or reentered. If it’s more than once you’re getting very concerned and most clients will not qualify from any benefits because reentry could be a bar for many benefits.

Closing: Thank you for listening to the Ask My Immigration Lawyer Podcast, the show that’s dedicated to answering your immigration questions. Simple as that. See you next week for another round of questions and much needed answers.