New Rule Authorizes More 5 Year Waivers
The Obama administration has announced that most non-immigrant waivers will be granted for a 5 year period. Currently, waivers may be granted for either 1 or 5 years, but first time grants are normally for 1 year. The 1 year grant is a problem for practitioners because of the lengthy adjudication period involved with the waiver applications. Adjudications of the waiver applications by the Admissibility Review Office (ARO) have been taking 8 to 10 months. So clients need to re-file the application soon after receipt of the approval to avoid a lapse in admissibility.
CPB will begin the change in waiver approval in January, 2017. The listed exception to the 5 year grant policy is for those applications filed by “Crew members”, who will be limited to 2 years.
An additional benefit to the change will be a reduction in the volume of adjudications and presumably a speedier response time.
By the way, there is no one, in all of humanity (who hasn’t committed a serious crime) viewed lower than a crew member, by Immigration law. We’ll address that one of these days.