January 3, 2013

USCIS Notice on Provisional Unlawful Presence Waivers

The U.S. Citizenship and Immigration Services issued a final rule on regulations to allow certain immediate relatives (spouses, children, and parents) of U.S. citizens who are physically present in U.S. to request provisional unlawful presence waivers prior to departing from U.S. for consular processing, effective March 4, 2013

Under the existing waiver process, immediate relatives cannot file the waiver application until after they have left the U.S. and appeared for an immigrant visa interview at a U.S. Embassy or Consulate. This often results in a long wait outside the U.S. for the immigrant visa applicant while the waiver application is being adjudicated. However, under the new provisional waiver process, immediate relatives can apply for a waiver prior to departing the U.S. This provisional rule will reduce the time U.S. citizens are separated from their immediate relatives who are in the process of becoming lawful permanent residents through immigrant visa processing.

Please consult your GT attorney for further information