Homeland Security has published a new rule, effective August 29, 2016, that will expand the availability of the provisional waiver for unlawful presence.

What is unlawful presence and the provisional waiver?

The provisional waiver serves to excuse periods of “unlawful presence” in the U.S. “Unlawful presence” generally refers to presence in the U.S. without authorization. A person who enters the U.S. without inspection, i.e. without a valid visa and inspection at the border, starts accruing “unlawful presence” upon entry. If that person accrues more than 180 days of “unlawful presence”, but less than one year, she becomes subject to a 3 year bar to readmission to the U.S. The bar increases to 10 years if the period of “unlawful presence” reaches a year or more.

Imagine growing up in America and loving your country so much that you voluntarily enlist in the military. Imagine bravely serving the United Sates military in Afghanistan or Iraq. Imagine facing death daily to keep your country and your fellow countrymen safe. Imagine returning home with physical and mental injuries that will mark your life forever. Now imagine that your government, after your sacrifice, deports you.

This week the Supreme Court announced that it would hear and decide the case filed by Texas and additional states to block President Obama’s November 2014 executive action establishing Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanding the Deferred Action for Childhood Arrivals (DACA), in existence since July 2012.

President Obama’s Nov. 2014 executive order advancing immigration reform was delayed earlier this year after a Texas federal judge temporarily blocked implementation of DAPA and expanded DACA programs. Read on for a history of the litigation and an update on the latest events.

Our office frequently files immigration applications under the Violence Against Women Act (VAWA) for immigrants who are dependent on abusive family members for their immigration status. An abused spouse, child or parent of a U.S. citizen or lawful permanent resident (green card holder) may file an I-360 Self-Petition under VAWA. The following are some of the most common questions we hear about VAWA cases:

The Supreme Court recently dealt a blow to immigrant families hoping for a detailed explanation of a visa denial and the opportunity to challenge that denial in court. On June 15, 2015, the Supreme Court upheld a long-standing doctrine known as “consular non-reviewability.” That’s a fancy way of saying that any visa decisions—including denials—by U.S. State Department consular officers cannot be reviewed by a court.

It seems hard to believe today that before 1990 United States immigration law allowed exclusion of foreign national LGBT individuals from the United States on moral grounds. On June 26, 2015, the United States Supreme Court ruled, in Obergefell v. Hodges, that same-sex couples have a right to marry throughout the entire United States and its unincorporated territories.