Provisional Unlawful Waivers To Go Into Effect March 4, 2013!

Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register which will be published soon.

The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks. We will inform you as they become available.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives.

If you have any questions regarding if you qualify, and/or the new process, please call us and set up an appointment to meet personally to answer all your questions and concerns.  We are always happy to explain and discuss if this is the right process for you.