Immigration Services has recently published a new rule which establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin.
This new provisional waiver will go into effect on March 4, 2013 ,
Immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. If they have been unlawfully present in the United States for more than six months, they must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States.
Under the existing waiver process, you must first appear for an immigrant visa interview abroad and then apply for the waiver. The new law effectively reverses the order, by allowing applicants to obtain the waiver before departing the United States. This will allow them to return to the United States immediately after the successful completion of their immigrant visa interview, rather than having to remain abroad while the waiver application is being processed.
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.
If you have questions about this new provisional waiver, please contact Managing Partner Michael Wildes at Michael@wildeslaw.com.
