Tag Archives: provisional waiver

Five Things We Have Learned about the I-601A Provisional Waiver Program

12 Jan

<p><a href=”http://vimeo.com/39267368″>Don’t Think Twice It’s Alright [Bob Dylan 1962]</a> from <a href=”http://vimeo.com/user8051179″>Dan Pick</a> on <a href=”https://vimeo.com”>Vimeo</a&gt;.</p>

Last week, we had another I-601A provisional waiver approved.  This makes us 6 for 6, so far, with a few more pending.  We have learned quite a bit in the past 18 months or so that we have done provisional waivers.

  1. Don’t underestimate your own hardship.  We think that people endure a lot of hardship and have grown accustomed to it and accepted it as the normal state of affairs rather than recognizing that things could be better.  We think that many people living with an undocumented spouse have come to accept the anxiety  surrounding the risk of separation, financial ruin and uncertainty.  Of course, this is a common human coping mechanism.  As Bob Dylan sang, “I’ve never gotten used to it, I just learned to turn it off.”  Many people that come into our office states that they can not point to any specific hardship that they would suffer if their spouse were forced to remain in their home country; they just know it would be bad.  We have found that the sense merely scratches the surface and that by digging, speaking, and, most importantly, listening, the details of the hardship can be identified.  Extreme hardship may be financial, emotional or health and safety related.  It can be a combination of these factors or it can be the presence of a single form of hardship.  The bottom line here is that too many people wrongly assume that they do not have the hardship to meet the standard and a honest and open conversation with an attorney can reveal hardship that an individual may have learned to turn off.
  2. The availability of the provisional waiver changes the game in removal proceedings. Many cases where the only relief has been a long-shot cancellation of removal are now strong provisional waiver cases.  We have found that the government is willing to terminate and reopen cases where a good claim to a provisional waiver case can be made to ICE.  These practices change from office to office, in fact, from ICE attorney to ICE attorney, but, as a general rule, we have found tremendous flexibility in removal proceedings for people who qualify for provisional waivers.
  3. The family is alive and well.  Back in 2012, when DACA came out, we were heartened to see all the young people who came to our office with their parents to discuss how DACA could change their lives.  The parents were always apprehensive and elated simultaneously to see the possibility that the dreams they had for their children being realized, if only partially.  we decided then that the family is alive and well in America.  With the provisional waiver, we are meeting all sorts of people who are raising families under the trying circumstances of one of the spouses lacking legal status.  The lives that people have been able to build despite this challenge are impressive.  However, the opportunity of obtaining lawful status opens up so many doors for families and removes the anxiety and stress of uncertainty over immigration.
  4. The National Visa Center remains a hold-up.  The NVC has been good at putting a hold on immigrant visa processing where a provisional waiver has been filed.  However, once the Visaprovisional waiver is approved, the NVC reverts to its standard practice of being an impediment, rather than a facilitator of orderly processing of immigrant visas.  For example, one challenge we have seen relates to police clearances from El Salvador.  According to the State Department, those police certificates must be obtained by the applicant in person in El Salvador.  That’s fine, except for the case of provisional waivers, where the applicant is in the U.S.  Since the NVC will not schedule an appointment until it has all the documents, this issue could force an applicant to return to El Salvador and wait several months for an interview, undermining the benefit of certainty that the provisional waiver is supposed to provide.  We are working on this specific issue and will update this blog as circumstances merit.
  5. There is nothing better than solving this situation.  When an individual goes to the Embassy, gets the visa, and returns to the U.S. as a permanent resident, we are lucky to be the first ones called.  We share the joy and relief of our clients and can immediately see the reduction in tension in their lives.  Getting to be a part of and a witness to that transformation is one of the great things about being an immigration lawyer.

Think you or someone you know may qualify for the provisional waiver? Contact us at consults@benachragland.com or 202-644-8600.

EXECUTIVE REFORMS TO IMMIGRATION: Top Six Changes

1 Dec

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The President’s executive reforms to the U.S. immigration system make a number of very positive changes that have the potential to help millions of people.  Although we have written about various components of the reforms individually, we have summarized six major portions here in one place.

Benach Ragland will be offering several free community meetings throughout December and will be offering reduced fee consultations for people who may benefit from these reforms.  To get the latest information about where we will be, please “like” us on Facebook and follow us on Twitter: @benachragland.  To schedule a reduced fee consultation, please email: consult@benachragland.com or call 202-644-8600.

  • Deferred Action for the Parents of U.S. Citizens and Permanent Residents

The centerpiece of the President’s immigration reforms announced yesterday is the expansion of deferred action to cover certain foreign national parents of United States citizens. Here are the details:

The U.S. Citizenship & Immigration Service will give deferred action and employment authorization to individuals who:

  • As of November 20, 2014, have a son or daughter who is a United States citizen or lawful permanent resident.
  • Entered the U.S. prior to January 1, 2010
  • Are not in lawful status as of November 20, 2014
  • Are not an enforcement priority
  • Do not present other factors that weigh against a favorable exercise of discretion

People who fall within the DHS’ new enforcement priorities will be ineligible for deferred action.  With a new memo issued today, Nobama immigration reformovember 20, 2014, the DHS has revised the enforcement priorities for the agency.  The new enforcement priorities are divided into three levels of priority of decreasing priority.  Presumably, those not within the enforcement priorities memo are not enforcement priorities and should qualify for benefits and not be subject to efforts to seek removal. We have summarized the new enforcement priorities memo here.

Applicants will be required to provide fingerprints and undergo national security and criminal background checks.  The filing fee will be $465.  CIS has been directed to begin accepting applications no later than 180 days from the date of the announcement (May 19, 2015).  Work permits will be valid for three years and individuals granted deferred action can also seek advance parole to travel internationally.

  • Expanded eligibility for Deferred Action for Childhood Arrivals (DACA)

Another significant development coming out of the Presidential reforms announced yesterday is the expansion of DACA beyond its original parameters established in 2012.  For descriptions of the original DACA requirements, please see here. 

The executive reforms announced yesterday make the following reforms to the DACA program:

  • The date of entry for DACA eligibility has been changed from June 15, 2007 to January 1, 2010.  Individuals who entered the U.S. prior to their 16th birthday and prior to January 1, 2010 can qualify for DACA under the revised guidelines.
  • The age cap has been eliminated.  Originally, DACA was limited to individuals under 31 years of age as of June 15, 2012.  The upper age limit has been eliminated and those who entered the U.S. before January 1, 2010 and were under the age of 16 will qualify regardless of their current age.
  • DACA work authorization will now be valid for three years as opposed to two.

These reforms will be implemented within 90 days. The other DACA requirements regarding education and criminal issues remain unchanged.  The new parole provisions should also assist DACA grantees.

  • The New Enforcement Priorities Memo

s1.reutersmedia.netAs part of the executive actions reforms announced by the administration yesterday, the administration has redefined the enforcement priorities for Immigration & Customs Enforcement.  Briefly, any law enforcement agency with limited resources can not realistically enforce the law against everyone who may have broken it.  Law enforcement agencies must pick and choose how to allocate their limited resources and where to expend their efforts.  The new enforcement priorities memo provides very clear guidance to ICE as to who their efforts ought to be focused upon.  Groups of people have been classified into three priorities for enforcement, in declining orders of priority.  Individuals not within this memo are, presumably, not priorities, and should be eligible for benefits and not subjected to enforcement actions like detention and removal.  The three classes of priority are as follows:

Priority 1 (Most serious)

  • individuals suspected of terrorism, espionage or who are otherwise a threat to national security
  • individuals apprehended at the border while trying to enter the country illegally
  • individuals involved in gangs or gang activity
  • individuals convicted of a felony unless the essential element of the offense is the individual’s immigration status
  • individuals convicted of an aggravated felony

Priority 2 (Medium serious)

  • individuals convicted of three or more misdemeanors, not including traffic offenses or offenses where an essential element is the individual’s immigration status
  • individuals convicted of a “significant misdemeanor”, which is defined as: an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug trafficking or distribution, driving under the influence, or any offense not included above for which the individual was sentenced to 90 days or more in custody (unlike in most immigration situations, a suspended sentence does not count)
  • those who have entered the U.S. unlawfully after January 1, 2014
  • significant visa or visa waiver abusers

Priority 3 (Less serious)

  • Individuals with a final order of removal entered after January 1, 2014, unless there are other factors that suggest that the individual should not be a priority for enforcement.

Once again, presumably, an individual not on any of these lists should not be considered a priority for removal and ICE is directed not to expend resources of seeking their detention and removal.  We will be watching ICE to see how the agents in the field respond to these revised priorities.

  • Clarifications and increased use of Advance Parole

Another positive change to the immigration laws announced last night is the Secretary of Homeland Security’s instruction that DHS counsel should prepare a legal memorandum forthcoming that departures pursuant to advance parole will not trigger the three and ten year bars.  This memo is to ensure that all departures on advance parole are treated consistently across the country for unlawful presence purposes.

Individuals who have been unlawfully present in the U.S. for more than 180 days who then depart the U.S. are subject to a three year bar on returning.  Individuals with a year or more of unlawful presence face a ten year bar after departure.  In Matter of Arrabally and Yerabelly, 25 I.&N. Dec. 771 (BIA 2012), the Board of Immigration Appeals ruled that individuals who deAPparted on an advance parole granted due to a pending application for adjustment of status have not made a “departure” for purposes of triggering the three or ten year bars.  while this was a welcome decision, there was confusion and disagreement whether this applied to all departures on advance parole or only to those who departed on advance parole issued to applicants for adjustment of status.  For example, DACA recipients can get advance parole and it was unclear whether their departure would subject them to a bar to return due to unlawful presence they may have accrued prior to DACA’s existence.

The new memo is to clarify that any departure from the U.S. under advance parole no matter why that parole was granted would not be considered a departure for purposes of triggering the three and ten year bars.  This means that people with advance parole, perhaps as a result of DACA, or through the new “DAP” program, for parents of U.S. citizens, will be able travel to visit family abroad without having to lose everything they have achieved in the U.S.

  • Expansion of the Provisional Waiver

Another positive development is the proposed expansion of the provisional waiver program, which the President initiated in 2013.  The provisional waiver, as initially introduced allowed the spouses and children of U.S. citizens to seek a waiver of inadmissibility for the three and ten year bars due to unlawful presence to seek a waiver in the U.S. rather than after proceeding abroad to seek a visa at a U.S. consulate abroad.  This program has been successful and we have had several provisional waivers approved and been lucky to witness reunions made possible by the provisional waiver.

The provisional waiver was initially limited only to spouses and children of American citizens.  The new memo instructs CIS to “expand access to the provisional waiver to all statutorily eligible classes of relative for whom an immigrant visa is immediately available.”  This will clearly include the spouses and children of permanent residents, but could also potentially include a larger group of  individuals such as the adult sons and daughters of U.S. citizens.

Also, for tremendous significance, the Secretary of Homeland Security has directed the CIS to “clarify the factors that are considered by adjudicators in determining whether the “extreme hardship” standard has been met.  Most importantly, the Secretary has directed CIS to consider whether a legal presumption of extreme hardship may be determined to exist.  The creation of the presumption of hardship would reduce the burden on applicants seeking to show extreme hardship.  We particularly love this idea, because we suggested it here while pointing out the legal authority for such a move. 

  • Parole in Place for family members of those seeking to enlist in the military

The package of reforms introduced by the President includes new policies on the U.S. of parole-in-place or deferred action for the family members of those seeking to enlist in the military.Military

Parole in place is a function of the Department’s discretionary authority to parole anyone into the U.S.  Parole in place is a mechanism to allow the Secretary of Homeland Security to parole an individual into the U.S., providing that individual with legal status and the ability to seek adjustment of status.  Recently, the government has used parole in place to allow the undocumented spouses, parents and children of Servicemembers, including Veterans, to adjust status We discussed this process here in August.

The new policy builds on this use of parole in place.  The Secretary of Homeland Security has instructed the CIS to work with the Department of Defense to “address the availability of parole in place and deferred action to the spouse, parent or child of a U.S. citizen or resident who seeks to enlist in the armed forces.

The “seeks to enlist” criteria is a major expansion of this authority and may provide residence to the close family members of those who want to join the military.

These reforms present many exciting opportunities for immigrants. In connection with other parts of the law, it may be possible to achieve more than a work permit.  We are excited about the possibilities for so many immigrants and look forward to the chance to serve you.

 

EXECUTIVE REFORMS: Expansion of I-601A Provisional Waiver Program

23 Nov

Another positive development included in the President’s administrative reforms to U.S. immigration laws is the proposed expansion of the provisional waiver program, which the President initiated in 2013.  The provisional waiver, as initially introduced allowed the spouses and children of U.S. citizens to seek a waiver of inadmissibility for the three and ten year bars due to unlawful presence to seek a waiver in the U.S. rather than after proceeding abroad to seek a visa at a U.S. consulate abroad.  This program has been successful and we have had several provisional waivers approved and been lucky to witness reunions made possible by the provisional waiver.

The provisional waiver was initially limited only to spouses and children of American citizens.  The new memo instructs CIS to “expand access to the provisional waiver to all statutorily eligible classes of relative for whom an immigrant visa is immediately available.”  This will clearly include the spouses and children of permanent residents, but could also potentially include a larger group of  individuals such as the adult sons and daughters of U.S. citizens.

Also, for tremendous significance, the Secretary of Homeland Security has directed the CIS to “clarify the factors that are considered by adjudicators in determining whether the “extreme hardship” standard has been met.  Most importantly, the Secretary has directed CIS to consider whether a legal presumption of extreme hardship may be determined to exist.  The creation of the presumption of hardship would reduce the burden on applicants seeking to show extreme hardship.  We particularly love this idea, because we suggested it here while pointing out the legal authority for such a move. 

Benach Ragland is offering reduced fee consultations for individuals who may be covered by any of these reforms.  To schedule an appointment, please call 202-644-8600 or email msanchez@benachragland.com.  You can learn the latest news on this blog, on our Facebook page and can follow us on Twitter: @BenachRagland.

Five Things We Have Learned About I-601A Provisional Waivers

18 Nov

Nearly two years since the announcement of the provisional waiver of inadmissibility, known as the I-601A extreme hardship waiver, we have learned quite a bit about the people that need this waiver and the way the government is processing them.  Here are the top five things we have learned:

  1. The process has transformed lives.  We have witnessed families emerge from desperation and hopelessness to seize the opportunity to take charge of their lives.  Freed of the fear that a trip to a consulate abroad would mean a lengthy separation, families are empowered and made optimistic that their dreams can be realized and that the law and the U.S. recognize their value.
  2. CIS has gotten better at this.  When the program started in April 2013, I-130 petitions became very backlogged, with delays of over a year.  Since then, the government has significantly reduced the processing time for I-130 petitions to about five months, as of the time of this blog.
  3. People should never presume that their hardship is not enough.  This point reminds us of the Bob Dylan line “I have never gotten used to it, I just learned to turn it off.”  People who live with many forms of pain have become so used to it that they think it is normal or appropriate.  Detailed conversations with compassionate counsel can elicit many factors relevant for an extreme hardship determination.  Extreme hardship is never the same from one person to another.  There is no substitute for taking the time to learn about people and what makes them tick.  Documenting extreme hardship is the most personal of tasks and requires the time and compassion necessary to understand where people are coming from.
  4. We are reminded why we love our job.  Facebook has given us a front seat view of the process.  We now can watch through photos, videos and status updates the thrill that a client has when they return home after several years of not seeing their family.  We can see the happy reunions and the good luck wishes from friends in the U.S.  We see grandparents meeting their grandchildren for the first time.  We share the client’s nerves as they prepare to enter the Embassy.  And we get to see the moment that they return to the U.S. on their immigrant visas.  It does not end there however.  We get to hear about their lives, buying a house, changing jobs,having a baby, and returning home for the holidays for years to come.
  5. Expanding the provisional waiver would be great.  The provisional waiver only applies to the immediate relatives of U.S. citizens.  Expanding it to be available for the spouses and children of permanent residents, for example, or the adult children of citizens, as has been suggested in some reports, would multiply the benefit that has been given through the provisional waiver.

Visa Granted at U.S. Embassy in Brazil after I-601A Provisional Waiver Approved!

22 May

First, let us state outright: the inclusion of this Motley Crue video was done only at the suggestion of the client.  Benach Ragland is not, and never has been, a fan of Motley Crue.  But, as dedicated counselors, we will tolerate hair metal for the needs of the client.

 

We are happy to report that today we received our first visa at a U.S. Embassy abroad for an individual who required an I-601A provisional waiver.  Our clients received the passport with the immigrant visa in the mail from the U.S. Consulate in Rio de Janeiro.  The clients left the U.S. last month for the visa application after we obtained approval of an I-601A provisional hardship waiver.  This required the leap of faith that they would be able to return.  While inadmissibility due to unlawful presence had been waived, if the consulate were to find any other inadmissibility, our client would not be able to return.  we carefully scoured his record and determined that there was no other ground of inadmissibility.  The clients then took the risk based upon our advice.  Gulp.  After some typical bureaucratic miscues, such as the physician failing to deliver the report and a request for a document that the consulate had returned, the visa was issued today.

Our client got to see his family for the first time in over a decade.  His parents met their U.S. citizen granddaughter.  Husband, wife and child will return after a month spent reconnecting with family in Brazil solid in the knowledge that U.S. immigration law should never require their separation again.

Congratulations dear friends.

Good News on I-601A Provisional Hardship Waiver Applications!

18 Mar

VisaToday, the US Citizenship & Immigration Service announced a fix to one of the more serious problems with the provisional waiver process for unlawful presence.  As you may know, the CIS instituted the I-601A provisional waiver process last year to allow immigrants who are immediate relatives of U.S. citizens but are also ineligible to seek residence in the U.S. due to unlawful entry to seek a provisional waiver of inadmissibility in anticipation of seeking a visa at the U.S. embassy abroad.  The provisional waiver, sought on form I-601A, only waives inadmissibility due to unlawful presence (i.e., entering without inspection and remaining more than 6 months in the U.S.).  The waiver does not waive any other ground of inadmissibility such as inadmissibility due to criminal convictions or fraud.  To address this issue, the CIS decided early on that where another ground of inadmissibility may be present, such as due to criminal convictions, the CIS would deny such applications because there was a reason to believe that inadmissibility might apply.  This approach left a lot of people out of eligibility for the provisional waiver, many of whom are not, in fact, inadmissible despite having criminal convictions.  This is because not all convictions create inadmissibility.  The largest class of crimes that cause inadmissibility are those that are considered to involve “moral turpitude.”  Crimes involving moral turpitude are those offenses that are inherently base, vile, or depraved.  They usually involve theft, dishonesty, or violence.  However, many crimes, such as trespass, disorderly conduct, or a simple driving under the influence, clearly do not involve moral turpitude.  In addition, there is an exception to inadmissibility for “petty offenses.”  A petty offense is one in which the maximum possible sentence does not exceed one year and the individual is sentenced to less than 180 days in prison.  A crime involving moral turpitude that falls within the petty offense exception does not cause inadmissibility.  However, under the reason to believe standard, CIS was denying waiver applications simply because an offense could create inadmissibility, which was patently unfair to those who were not, in fact, inadmissible.

In an email today, U.S. CIS stated that on January 24, 2014, it issued Field Guidance to its offices instructing officers not to find a reason to believe someone might be inadmissible where the applicant is clearly not inadmissible.  The Field Guidance provides:

USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within the “petty offense” or “youthful offender” exception under INA section 212(a)(2)(A)(ii) at the time of the I-601A adjudication, or (2) is not a CIMT under INA section 212(a)(2)(A)(i)(I) that would render the applicant inadmissible, then USCIS officers should not find a reason to believe that the individual may be subject to inadmissibility under INA section 212(a)(2)(A)(i)(I) at the time of the immigrant visa interview solely on account of that criminal offense. The USCIS officer should continue with the adjudication to determine whether the applicant meets the other requirements for the provisional unlawful presence waiver, including whether the applicant warrants a favorable exercise of discretion.
The CIS has also agreed to reopen, on its own motion, cases that were denied on “reason to believe” to determine whether an applicant denied was, in fact, inadmissible.  If not, the CIS would proceed to consideration of the merits of the I-601A provisional waiver application.
This is a tremendous improvement from the previous position that CIS took.  It is a credit not only to CIS but to the many individuals and groups who pushed CIS on this issue.

Lifted Lamp’s Top Ten Blog Posts for 2013 & Poll for Topics for 2014

27 Dec

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Looking back on what turned out to be a disappointing 2013 for the lack of progress on meaningful immigration reform and on the continuing pace of removals, we have tried to figure out what articles and stories most appealed to our readers.  Turns out that our readers were not as interested in the minute-by-minute accounts of progress, but rather came to Lifted Lamp for information about developments in the law that had a real impact upon their lives.  The provisional waiver, DACA, the de Osorio litigation were topics that continually received interest from our readers.  We hope to use this information to make this blog more useful and interesting to our readers.

We have compiled our 2013 Top Ten Blogposts and provide some thoughts on them after they have been written, published and we have received feedback.

10.  Leave it to controversy to be popular.  Our tenth most popular blog of 2013 is just over a month.  On November 25, we wrote about the young man who challenged the President to halt removals while waiting for immigration reform.  In “Does the President Have the Power to Stop All/Most Removals?“, we discussed whether the President can use his executive power to halt all deportations.  We decided that the President probably could not halt all deportations, but he could definitely stop a whole lot more.

9.   The provisional waiver, which has allowed the spouses of U.S. citizens to seek the required waiver of the ten year bar before traveling abroad, has been a continually popular topic on this blog.  In February 2013, we asked “Should I Apply for a Provisional Waiver or Wait for Immigration Reform?”  We answered that the provisional waiver was likely the better bet.  Turns out we were right.  Hundreds of people have received their residence through the provisional waiver, whereas immigration reform remains stuck in the quagmire of today’s politics.  While there is lots of talk about the prospects for reform in 2014, we continue to place our bet on the provisional waiver.

8.  The de Osorio litgation regarding the interpretation of the Child Status Protection Act has generated a lot of interest on this site.  We have chronicled the litigation from our submission of an amicus brief on behalf of undocumented youth at the 9th circuit and celebrated the victory in the 9th Circuit decision.  We implored the administration not seek review of the 9th Circuit’s decision in the Supreme Court and  shared our disappointment in the government’s decision to seek certiorari review in “Opportunity Lost: Administration Seeks Supreme Court Review of de Osorio.”  The Court heard arguments on December 12, 2103 and a decision is expected by June 2014.

7.  Also, in January 2013, we sought to explain some basics of immigration law as the popularity of the “go to the back of the line” school of thought dominated discussion of immigration reform.  In “What’s The Deal with the Immigration Line?“, we discussed how the visa numbers and quotas work and, more often, don’t work.  We had a lot of fun with this post and are glad that it was so well received.

6.  In February 2013, we highlighted a piece of legislation proposed by Senator Orrin Hatch (R-UT) called the I-Squared Act.  In “Immigration Reform 2013: Understanding the I-Squared Act,” we described Senator Hatch’s proposals to modernize and improve the visa process for high tech workers.  Much of Senator Hatch’s bill was folded into the Senate bill which passed the Senate in June 2013 and remains languishing in the House of Representatives.

5.  A surprise for number 5!  In March, we wrote about Congress’ belated re-authorization of the Violence Against Women Act.  In “Congress Reauthorizes VAWA But Falls Short on Immigration Provisions,” we discussed the history of the VAWA, improvements made in the 2013 reauthorization, and disappointments in the bill.  One of the bigger disappointments was Congress’ failure to raise the cap on U visas, a failure that has proven to be significant as the U visa cap for 2013 was reached in December.

4.  In January 2013, we discussed the development and roll-out of the provisional waiver process.  The provisional waiver has been one of the most popular topics on our blog.  And for good reason, the provisional waiver is one change to the immigration laws that has directly benefited immigrants in 2013.  While immigration reform has stalled, the provisional waiver has proven to be a way out of the catch-22 of ineligibility for adjustment in the U.S. and the ten year bar triggered by traveling abroad.  In “Q&A on I-601A Provisional Waivers,” we reported on the procedures that CIS would use in executing the provisional waiver process.

3.  The provisional waiver dominates the top three spots.  In “The Provisional Waiver and Removal Proceedings,” we discussed the process of seeking a provisional waiver for individuals in removal proceedings.  This topic still draws interest as I took a call yesterday from a lawyer who wanted our thoughts on a government motion to terminate removal proceedings so that the client could seek the provisional waiver.

2. Again, the provisional waiver draws a lot of interest.  In this post, “What is Extreme Hardship?“, we used our years of experience preparing applications for waivers to help illuminate this very subjective and squishy standard.  One of our most popular posts, this post is very similar to many of the consultations we do where we help people identify relevant hardship factors before applying for waivers.

numero uno1.  Our most popular post is “10 Facts About the Provisional Waiver Process.”  This is, by far, our most popular post.  It was our first post of 2013.  We are a bit curious as to its popularity given how many developments there have been in the provisional waiver process, but this post remains an informative introduction to the provisional waiver, what it means to accomplish, and the mechanics of seeking a waiver.

Thanks to all of our readers.  We have studied these results and will use this information to make this blog more interesting and useful to you.  Happy new year to all!