Provisional pardon changes to punishment law take effect August 29

Changes to the process for applying for the Provisional Unlawful Presence Waiver will take effect on August 29, 2016.

U.S. Citizenship and Immigration Services (USCIS) today published final regulations detailing the changes. You can read the document by clicking click here.

USCIS estimates that the new changes will help approximately 100,000 individuals. In the coming weeks USCIS will provide more information about the application process and will make available the new form to apply for this immigration benefit.

Earlier, I explained that not everyone will be eligible for a provisional waiver of the penalty law. Therefore, it is of utmost importance to consult with an immigration attorney before beginning the process for permanent residency to be sure that you meet all the requirements.

Please do not go to notaries, immigration consultants, paper fillers or multi-services.


As the final regulations are not yet in force, please, do not send no application requesting a provisional waiver of the penalty law under the new USCIS criteria.

Provisional forgiveness to the law of punishment only forgives having lived unlawfully in the United States. If a consular officer determines that the immigrant committed other offenses, including certain crimes or immigration fraud that may make him or her inadmissible to immigrate to the United States, any provisional waiver of the previously approved punishment law will be automatically canceled.

Please share this information and consult with an immigration attorney before beginning any immigration proceedings.