Stateside Processing of Provisional Waivers of Inadmissibility for Immediate Relatives

Recently, a letter was sent by major nonprofit organizations to the United States Citizenship and Immigration Service (USCIS) concerning the Notice of Intent filed by the USCIS to implement stateside processing of provisional waivers of inadmissibility for certain immediate relatives who can demonstrate extreme hardship. If implemented, this would be a major administrative change in federal procedures for processing thousands of cases where a U.S. citizen applies for legal residence for an undocumented spouse. Under current law, undocumented family members of U.S. Citizens have very limited options for legalizing their status from within the United States.

The letter was signed by a host of respected nonprofit organizations and asks that the Service take the following initial comments into consideration as it works on this issue:

  • Expand the Rule to Permit Preference Relatives to Apply for Provisional Waivers
  • Expand the Rule to Permit Lawful Permanent Residents to Serve as Qualifying Relatives for Hardship Purposes
  • Expand the Rule to Permit Provisional Processing of Other Waivers
  • Permit Provisional Waivers for Individuals at Different Stages of the Immigrant Visa Process
  • Permit Concurrent Filing of I-212 Permission to Reapply for Admission after Deportation or Removal
  • Issue Notice of Intent to Deny (NOID) When an Additional Ground of Inadmissibility Is Suspected
  • Provisional Waivers Should Not be Readjudicated and a Presumption of Extreme Hardship Should Apply to the Adjudication of Additional Waivers
  • Clarify Provisions Relating to Individuals in Removal Proceedings
  • Continue Widespread Public Outreach to Prevent the Unauthorized Practice of Law by Notarios and Unscrupulous Practitioners

The notice of intent from USCIS can be read here.

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