UPDATE: On January 2, 2013, USCIS announced the final rule and additional information about applying for an inadmissibility waiver prior to departing the United States. You can read about the final rule and the provisional waiver process here. On January 10, 2013, USCIS released additional information to assist individuals in determining whether the Provisional Waiver process applies to them and their families and how the process will work.
The FAQ is posted on their website and can be accessed here.
This new process is not yet in effect and USCIS will not accept any applications until March 4, 2013. However, it is important to consult with an attorney as soon as possible to determine if you or a loved one is eligible to utilize this process and to begin collecting evidence to support your case.
On March 30, 2012, USCIS set forth a proposal for the in-country processing of certain unlawful presence waivers. This is important because, currently, an individual who must apply for permanent residence by returning to their home country and attending a consular interview could be separated from his or her family for many months while waiver application is reviewed and adjudicated. The new process would allow an individual to apply for the waiver and receive a provisional decision before proceeding abroad to a consular interview. You can read the Service’s proposal here.