Proposed Provisional Unlawful Presence Waivers

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.

In-Country Filing of Waivers of Certain Grounds of Inadmissibility

On May 23, 2012, USCIS announced that beginning on June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility to a processing center in the United States.

It is the Service’s goal to process waiver applications more quickly and more efficiently and to ensure consistent adjudication.

The change affects filings for:

Form I-601, Application for Waiver of Grounds of Inadmissibility
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212).

This change in waiver filing and processing should not be confused with the “provisional waiver proposal” set forth by USCIS on Mar. 30, 2012. (see below)