Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives Update

The following document was published in the Federal Register on April 2, 2012.  It concerns the United States Citizenship and Immigration Service’s proposed rule to allow certain immediate relatives of U.S. citizens to request provisional unlawful presence waivers prior to departing the U.S. for consular processing.  If enacted, it would enable these relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship.  The goal of the proposed process is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.

USCIS encourages a public discourse on this matter, and written comments should be submitted on or before June 1, 2012.  You can read more here.

Additionally, the USCIS has released a question and answer document pertaining to the proposed rule on I-601 stateside waivers.  Click here to learn more.

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